By Svetlana Marshall
THE UNITED States (US) and the Inter-American Development Bank (IDB) have pledged their support to Guyana as the administration moves to enact cyber-crime legislation here. Saying that the proposed legislation was a key weapon in the fight against transnational crimes, US Embassy Chargé d’ Affaires Bryan Hunt told a public consultation on the draft bill at the Pegasus Hotel on Wednesday that cyber-crime was undoubtedly one of the greatest threats facing the civilised world, due to the fact that people all over the world were increasingly dependent on computer technology for their daily operations.

The consultation, spearheaded by the Legal Affairs Ministry, was also attended by the Attorney General and Legal Affairs Minister, Basil Williams; Principal Parliamentary Counsel Vonetta Atwell Singh; in addition to representatives from the Guyana Office for Investment (GO-Invest), the State Asset Recovery Unit (SARU), the Guyana Revenue Authority (GRA) and representatives of the legal fraternity.
According to the draft Bill, a person who intentionally and without lawful excuse or justification inputs, alters, deletes or suppresses computer data, resulting in inauthentic data, with the intent that it be considered or acted upon for legal purposes, as if it were authentic, regardless of whether or not the data is directly readable and intelligible, commits an offence.
The Cybercrime Bill 2016 was crafted with the primary objective of combating cybercrimes by creating offences; to provide for penalties, investigation and prosecution of the offences and related matters.
The Chargé d’ Affaires, in pledging his country’s support, said the Government’s decision to put the Bill before the House was a step in the right direction. For him, cybercrime was undoubtedly one of the greatest threats facing the civilised world, due to the fact that people all over the world are increasingly dependent on computer technology for their daily operations.
However, he said with this dependency, comes increasing concern about new and existing vulnerabilities that allow criminals lurking and phishing on the Internet to negatively affect entire populations through threats to cyber-enabled infrastructures.
“We must all work together to create incentives to enjoy the benefits of cyberspace so it can continue to be an engine for economic and social growth around the world. Prosperity, security, and our individual liberties depend on the commitment to securing cyberspace and maintaining an open, secure, and reliable Internet,” Hunt said.
He added: “Critical infrastructure continues to be at risk from threats in cyberspace, and our economy is harmed by the theft of our intellectual property.”
According to a recent survey, insufficient planning and lack of preparedness were among the most significant barriers to achieving a high level of cyber-resilience within an organisation. “Brazen hacks on organisations such as Sony Corp., J.P. Morgan Chase & Co. and the United States Internal Revenue Service have shown, even large, well-funded organisations can easily fall victim to cybercriminals, whose attacks are growing more sophisticated as the security industry struggles to keep up,” he pointed out.
Nevertheless, he said countries such as Guyana and the US could work in a very collective and systematic manner to ensure that the internet remained an engine for economic growth and a platform for the free exchange of ideas.
Alluding to the legislation which will soon be placed before the National Assembly, Hunt posited that it addressed many of the greatest cybersecurity threats – identity theft, cyberbullying, and child pornography.

In his attempt to paint a vivid picture of the issue of cybercrime, he pointed out that in 2015 the United States Federal Trade Commission received over 490,000 consumer complaints about identity theft. This represented a 47 percent increase over the prior year. Additionally, the US Department of Justice estimates that 17.6 million Americans were victims of identity theft in 2014.
In the area of child pornography, the U.S.had almost eliminated it in the mid 1980s through the implementation of aggressive law-enforcement action. But Hunt said unfortunately, the child pornography market exploded in the 1990s with the advent of the internet and advanced digital technology.
Now, he said the internet provides ground for nefarious individuals to create, access and share child sexual abuse images worldwide at the click of a button. “That is the world we live in today. The legislation under review here this morning more clearly defines what child pornography is and takes aim at those people engaged in this despicable, unlawful behaviour,” Hunt stated.
While alluding to the IDB 2016 Cybersecurity Report for Latin America and the Caribbean “Cybersecurity: Are we ready in Latin America and the Caribbean,” IDB Representative in Guyana Sophie Makonnen pointed out that many countries were not yet prepared to counteract cybercrime.
Safe haven
Meanwhile, the Attorney General in his address said it was critical for Guyana to put in place Cybercrime legislation. “Current lack of cybercrime legislation may result in Guyana becoming a safe haven for cybercrime offenders, as offenders may be motivated to commit crimes in other jurisdictions because there may be no fear of prosecution,” he posited.
Like Hunt, the Attorney General pointed out that cybercrimes are often directed at government agencies, banks, ministries, education institutions and businesses. Guyana, he emphasised needed a legislation to combat and minimise the occurrence of cybercrime.
“We therefore need an effective legislation to criminalise these actions…and allow enforcement agencies to punish offenders,” he noted, while adding that a comprehensive approach was required to fight against cybercrime. Williams said the legislation was the first step in the country’s battle against the issue.
In 2016, he said, the Legal Affairs Ministry allocated funds towards the implementation of cybercrime legislation in an effort to train investigators, prosecutors, magistrates and judges on the nature of these emerging crimes. However, it was further pointed out that the budgetary allocation was made possible by the IDB. Minister Williams also offered his gratitude to Hunt, who continued to play an integral role in the local fight against cybercrime.
$3M fine
Atwell, the Principal Parliamentary Counsel during her presentation give an overview of the drafted bill. According to it, a person who intentionally and without lawful excuse or justification inputs, alters, deletes or suppresses computer data, resulting in inauthentic data, with the intent that it be considered or acted upon for legal purposes, as if it were authentic, regardless of whether or not the data is directly readable and intelligible, commits an offence.
In the circumstance such an individual is liable, on summary conviction, to a fine of $3M, and to be imprisoned for three years. On conviction, such person/s is liable to a fine of $5M, with a five-year prison sentence. In addition, persons who disseminate information after being convicted will be fined $20,000, and he/she will also be liable to a three-year prison term.
The Bill also outlines the penalties for computer fraud, in the sense that anyone who commits an offence deemed to be computer fraud will be dealt heavier penalties, with a summary conviction carrying a $5M fine, as well as a five-year prison term. In addition, if convicted, the penalties will be doubled.
Cyberbullying, which is bullying through the use of technology, is also deemed an offence, according to the Bill. It states that to cyberbully another person, intentionally or recklessly, is deemed to be committing an offence. According to the Bill, “a cyberbully” is someone who uses a computer system to repeatedly or continuously convey information, which causes fear, intimidation, humiliation, distress or other harm to another person. The actions of such persons become detrimental to another’s health, their emotional well-being, self-esteem or their reputation.
Child pornography, as an offence, is also clearly defined by the Bill. Anyone who intentionally produces child pornography for the purpose of its distribution through a computer system, or who offers or makes available child pornography through a computer system, is guilty of an offence.
In addition, anyone who distributes, transmits, procures or obtains child pornography through a computer is also guilty of an offence. If summarily convicted, such individuals are liable to pay a fine of $5M and serve a five-year prison term. If convicted, the penalty is doubled.
The government has been pushing to pass cyber-crime legislation.