Guyana working with UN partners to draft modern cybercrime convention – Min Todd

– as cybercrimes increase in frequency, complexity

Currently having a non-permanent seat at the United Nations Security Council (UNSC), Guyana is working with partner countries at the level of the UN to draft a modern, legally binding cyber-crime and cyber security convention that other countries can sign on to.
Last week, the Fugitive Offenders (Amendment) Bill was debated and passed in the National Assembly. During those debates, Foreign Affairs Minister Hugh Todd, lending his support to the Bill, linked it to the work being done at the international level to aid in the fight of transnational crime.
A major transnational crime is cybercrime, and Minister Todd, in his address, noted the worrying incidence of this. Further, he spoke of the work being done by Guyana and others at the United Nations, where Guyana is a non-permanent member of the Security Council.
“Today’s crimes have become increasingly international. Guyana cannot afford to be insular, we have to increase our interactions and programmes with our bilateral partners. We have to be part of the efforts with the international community,” he said.

“Guyana is part of the negotiations taking place at the United Nations to draft a modern, legally binding convention on cyber-crime and cyber security. This is to combat a crime that has taken on a dangerous, complex and intrusive character,” he explained.
Minister Todd also noted that cybercrime has not only increased in frequency, but also in complexity. Hence, he said, there is need for countries to come together on addressing the scourge and formulating a convention.
“Cybercrime incidents have increased in both frequency and security, and have extended beyond boundaries, affecting all nation states. Guyana will remain engaged in this process, because we believe it is important to ensure that there is adequate and secure protection for online operations for work, research, commercial activities, and social interactions,” Minister Todd explained.
Guyana currently has a Cyber Crime Act, No. 16 of 2018, which lays out the various cybercrime offences and contains provisions for penalties, investigations and prosecutions. The bill was laid in the National Assembly in 2016 by the former A Partnership for National Unity/Alliance For Change (APNU/AFC) Government.
It has also catered, inter alia, for illegal access to a computer system; illegal interception; illegal data interference; illegal acquisition of data; illegal system interference; unauthorised receiving or granting of access to computer data; computer-related forgery; computer-related fraud; offences affecting critical infrastructure; identity-related offences; child pornography; child luring, and violation of privacy, among a slew of other offences.
According to the Cyber Crime Act, if convicted on indictment for the first offence, a person is liable to imprisonment of five years. If convicted summarily on the second offence, a person is liable to a fine of $5 million and imprisonment of three years. And if convicted on indictment, a person is liable to a fine of $10 million and imprisonment of five years.
Some of the most common offences persons have been charged with under the Act include using a computer system to transmit electronic data that intimidated a virtual complainant; using a computer system with the intent to extort a benefit; intentionally acquiring nude photographs and videos of a virtual complainant; and using a computer system to disseminate information, knowing same to be false, contrary to Section 19(3) (a) of the Cybercrime Act, No 16 of 2018.