CHAPTER ONE

GENERAL INTRODUCTION

1.1.BACKGROUND TO THE STUDY

Technology contributes to our daily life. One of the most significant contributions of technology is its applications to the way of doing business[1]. New technologies influence the quality and cost of products and services and business means[2]. Business means exchanging something for something; to be more specific, it refers to selling and buying products or services in exchange for money. The business activity involving using or applying electronic technology is known as e-commerce or e-business[3]. In e-commerce, activities are completed online through the internet. Primarily, e-commerce uses a website, but other technologies such as email, etc., can also be used. Three main parts of e-commerce are the electronic market, online retailing, and online auctions. A customer can buy a product or service distantly by using the application or technology offering the product[4].

E-commerce is still evolving with the development of new technology. E-commerce business entities and customers are always the targets of cybercriminals and cyber-attacks[5]. Attackers usually attack customers’ private data, which is the most valuable asset in e-commerce. They can either steal the data from the database of online stores, malware, ransom ware, and e-skimming. This is clear that with the advent of business with the help of technology like e-business and e-commerce, opportunities are reaching us more rabidly but not in the absence of issues like cyber security, etc. Like the e-commerce organizations, cybercriminals are also constantly enhancing their technology and skills to find vulnerabilities in the existing system of e-commerce and take advantage of them[6]. Therefore, this is necessary to explore technology’s pros and cons and address the issues. It is necessary to highlight here that using advanced technology for addressing the issues of cyber security is expensive and most of the e-commerce organizations cannot afford. Many organizations often ignore this control on cyber security threats due to its huge costs but they also ignore the returns, which may gain the organizations in the longer term. Without a doubt it is true that invest in technology ensures security to a large extent, yet it is difficult for smaller and new organization to adopt[7].

The development of modern technology has led to significant social, economic and legal changes. Law regulates particular technologies and solves conflicts and co-ordination problems related to these technologies[8]. This means that there are also new risks, which must be managed. Law is a method of technological risk management and plays a constantly increasing role in that regard[9].

The information age and the media society are shaped by rising significance of information ethics. The changes in cyber space are about to be deepened and reinforced as our societies develop towards inter-connected and inter-dependent network societies. All these complexities pose enormous challenges in for the regulation of this particular area of the society[10]. Due to the advancement and gross use of the media nowadays, there is a need for communication to protect privacy, confidentiality and social welfare of individual and organizations. The introduction of the internet could be traced back when the pre-mechanical period dates back in the year 3100BC, wherein, human beings started to use objects to communicate with one another[11].

Paper from papyrus plant was invented; storing of information was revolutionized. Papers were compiled and bound together, eventually giving birth to books. Books needed to be compiled and stored in areas; hence, libraries were created. Libraries were considered as the first data centers in history. Humans started using numerical system during the late stage of this period. The most popular device created in this period is said to have come from China- the Abacus which was the first device to process information[12]. The Mechanical period served as a bridge between our current period and the pre mechanical period. It started around 1450-1840. The interest in automating and speeding up numerical calculations grew during this period. The machines driven by mechanical means such as steam and gears dominated information processing and calculation. The mechanical calculator, “Pascaline” was the highlight of this period. It was invented by the famous French mathematician Blaise Pascal along with Wilhelm Shickard. Charles Babbage analytical Engine, which is considered as the first programmable mechanical computer, was also invented during this period, Charles Babbage “father of computers”[13].

The Electromechanical period started around 1840-1940. It makes the use of electricity for information handling and transfer bloomed. This period saw the use of telegraph to transmit information over long distances. The telephone was later invented, enabling voice transmission over long distances. Humans started to control electricity using vacuum tubes in devices that eventually led to the development to the development of today’s electronic gadgets. The telegraphy which is the first electrical communication device was invented during this era. In 1876, Alexander Graham Bell was granted patent for the telephone[14].

The Electronic Period started in the 1940s up to present day. The highlight of this period is focused on the advent of solid-state devices/electronic devices. There are four main event found in this period, these are the late vacuum tubes period; the transistors period, the integrated circuits period and computer processors period. Computers are evolving from basic textual interfaces to Graphical User Interfaces. The result of developed methods of connectivity for sharing processed information stored in computers and processing devices is the internet or the World Wide Web. The last few decades have witnessed a tremendous and phenomenal growth in the field of modern technology in education and has also influenced the life of people especially students in some way or the other. Modern information technology is arguably the technology era that has the strongest impact on society during the past 60years. The technology is visibly present in our use of computers, smart phones, information search, robotics, and intelligent agents, but, has an even greater impact as an enabling technology foe a large number of application areas, such as medicine and healthcare, energy production and distribution, finance, public management and transport logistics to name a few[15]. Electronic commerce can be defined as fund transfer, the process by which a paper check is used as the source of information for the check number account and bank routine number, the act of buying and selling online[16]. E-commerce or electronic commerce, refers to the transaction of goods and services through electronic communications. E-commerce refers to conducting online transactions, while e-business encompasses all the business services and activities operated utilizing the web. Activities of e-commerce include; buying and selling products online, online ticketing, online payments, online accounting software, and online customer support. Whereas, e-business includes online store setup, customer education, buying and selling products, and monitoring business. Although the general public has become familiar with e-commerce only in the last decade or so, e-commerce has actually been around for over 30 years[17]. The concept of e-commerce is related to notions of Internet economy and digital economy. All these concepts relate to the use of new information and communication technologies for economic activities, but with different focuses. Internet economy refers to the economic activities that generate revenue from the Internet or Internet-related products or services. Therefore, pre-internet e-commerce, as will be detailed in the following section, cannot be called an Internet economy. On the other hand, some activities, such as building Internet connections for commercial purposes, are a-part of Internet economy, but they are not necessarily e-commerce. Digital economy is based on digital technologies such as computer, software, and digital networks. In most cases, digital economy is the same as e-commerce. However, not all activities in the digital economy are e-commerce activities. For example, purchasing computer gear from a storefront retailer is not an activity of e- commerce, although it certainly is a key component of the digital economy. Hence, e-commerce, Internet economy, and digital economy are closely related but have different concepts.

The emergence and popularization of the world wide web (WWW) has facilitated a drastic explosion in E-commerce and consequently has become an essential and indispensable constituent of business strategy and operations, hence the recent advancement in businesses, thus the main medium for trade and industry development in any given country and the world at large[18]. Due to this rapid growth in the e-commerce industry, many computer programmers and Information Security experts have directed their abilities to the development of applications that enhances computer assisted transactions via the internet. The current revolution that has overtaken the world or business has become successful as a result of the incorporation of ICT in almost every facet of business transactions and its operations. It has also facilitated a strong correlation between firms and their corresponding clients[19]. Particularly, the use of ICT in business has enhanced productivity, promoted customer involvement, also made faster and possible patronage of goods and services in larger quantities, as well as reducing charges and its associated benefits[20]. In contrast to the normal brick and mortar business where there is physical contact between the business owner and the buyer. Online business is solely done via the internet without any form of contact as the transaction is done via a technology mediated platform.

Cybercrime has a long history that dates back to the 19th century when attackers stole financial market information by accessing the French telegraph system[21]. However, cybercrime didn’t really find its footing until the mid-point of the 20th century when cybercriminals became early adopters of technology, using their head start and their smarts to engineer new, devious ways to part people and organizations from their data and dollars. The 1970s saw the birth of cybersecurity proper with a research project on ARPANET, a precursor to the internet[22]. In the 1980s, hackers started using email attachments to deliver malware and phishing scams and web browsers to spread computer viruses [3]. Nowadays, online banking is very popular, and that also carries a big risk. For example, hackers can copy log-in codes and names, or retrieve passwords from credit cards and bank accounts[23]. Cybercrime has evolved in parallel with cybersecurity, and the arms race between the two has been going on since the 1950s[24].

E-commerce has been perhaps one of the most prevalent terms in this digital era. Although ecommerce was once looked upon simply as an expressway to wealth, it has actually transformed the way people conduct business. An historical analysis of e-commerce will provide insights into with the advancement of social media, a lot of cyber criminality and insecurity has sprung up especially in the developing world including Cameroon. Cameroon is one of the countries in the world that have accepted the use of the internet and other technological tools to engage in personal and business activities. This wide acceptance of internet in Cameroon has led to an increase in computer crimes and security threats in the country. Cybercrimes come as a result of fraudulent electronic emails, identity theft, cyber harassment, scamming and hacking. Many Cameroonians use the internet as a means of extortion resulting to a threat to the lives of Cameroonians, the economy and the reputation of the nation in the international scene[25]. Thus, there is a need for the legislator to out in place laws to regulate the media In this light, Cameroon has put in place an institutional and regulatory framework to better regulate modern information technology. These legislations include inter alia: the Law No 98/014 of July 14, 1998 governing telecommunications, Law No 2010/013 of December 21, 2010 on E-Communications and its amendment in April 2015 Law No 2010/012 of December 21, 2010 on Cyber Security and Cybercrime and Law No 2010/021 of December 21 2010 governing E-Commerce.[26] Institutional mechanisms such as the Ministry of Post and Telecommunications, The Ministry of Communication, the Telecommunication Regulatory Board and even our national courts have been put in place to better regulate modern information technologies.

However, despite the existence of this regulatory framework, the rate of Cyber Criminality and other related crimes has become palpable in Cameroon. Against this backdrop, this thesis examines the regulatory challenges in electronic transactions in Cameroon. In so doing, the study examines the regulatory measures put in place to regulate the media in conjunction to electronic commerce. In addition, this study suggests good and necessary recommendations to improve the quality of the internet as well as its regulation and maintenance. Thus, this paper brings a broad view of the regulation of modern Information technologies.

1.2. STATEMENT OF THE PROBLEM

Despite the fact that e commerce has several benefits, there are still many problems plaguing E commerce as a result of cybercrimes. This problems ranges from increase of crime wave due to the introduction of e-commerce, loss of profit to crimes. There is inadequate sensitization alongside lack of confidence in the strength of online security hindering the expansion of internet shopping according to research that was commissioned by the National Consumer council director Anna Bradley. In addition, most Cameroonians are not knowledgeable in the area of cyber criminality. It is easier for most culprits to get venture and get away without being caught as was the case of The People of Cameroon v. Tamukum Fonjiyang Ferdinand and Song Charles Waindim[27] where the Buea Court of First Instance held the accused not guilty of cybercrime (pet scam) and so were consequently acquitted. Even though technology provides tremendous opportunities for the business sector, the challenges accompanying these opportunities cannot be ignored. These problems among others makes the regulation of cyber-crime difficult and in turn it adversely affects e-commerce. Despite the plethora of laws regulating cybercrimes and e-commerce in Cameroon, yet there is increase in crimes wave due to the introduction of e-commerce. This set to questions the effectiveness and efficiency of the laws regulating e-commerce in Cameroon.

 1.3. RESEARCH QUESTIONS

Based on the problems identified, the following research questions arise.

1.3.1 General Research Question

To what extent has cybercrimes affected E-Commerce in Cameroon?

1.3.2. Specific Research QuestionS

• How are cyber-crimes committed in electronic commercial transactions?
• To what extent does cybercrimes affect e-commerce transactions in Cameroon?
• What are the measures put in place to resolve related E-Commerce problems in electronic commercial transactions in Cameroon?
• What policy recommendation can be made to resolve the problem raced?

 1.4. RESEARCH OBJECTIVES

This work is made up of General Research objective and Specific Research objective

1.4.1 General Research Objective

To examine the impact of cyber criminality on electronic commerce transactions in Cameroon

1.4.2. Specific Research Objectives

• To assess the manner in which cyber-crimes are committed in electronic commercial transactions in Cameroon.
• To examine the extent to which cybercrimes affect e-commerce transactions in Cameroon.
• To examine measures put in place to curb cybercrimes in electronic commercial transactions in Cameroon.
• To show policy recommendation that can be made to resolve the problem raised.

Information and communication technology: available at https://www.igiglobal.com/dictionary/information and communication (visited 05/06/2020)

[2] Thomson, L., Kamalaldin, A., Sjödin, D., and Parida, V., “A maturity framework for autonomous solutions in manufacturing firms: The interplay of technology, ecosystem, and business model”, Int. Entrep. Manage. J. pp. 125–152.

[3] Reynolds, J., “e-Commerce: a critical review”, Int. J. Retail Distrib. Manage. Vol. 28, 2000, 417–444.

[4] What is Information and Communications Technology (ICT)? – Techopedia https://www.techopedia.com/definition/24152/information-and-communications-technology-ict (Accessed 23/10/22)

[5] D’Adamo, I., González-Sánchez, R., Medina-Salgado, M. S., and SettembreBlundo, D., E-Commerce calls for cyber-security and sustainability.

[6] Jang-Jaccard, J., and Nepal, S., “A survey of emerging threats in cyber security”, Journal of Computer System Science, Vol. 80, 2014, pp. 973–993.

[7] Ahmad SF, Anser MK, Ke J, Irshad M, Ul-Haq J and Abbas S., “Cyber security threats: A never-ending challenge for e-commerce”, Frontiers in Psychology, 2022, pp. 1-15.

[8] Marget Haughley: The Impact of ICT on the work of the School Principal, IFIP Conference on Information Technology in Educational Management, ITEM 2002: PP 63-71.

[9]Ibid.

[10] Ibid

[11] Cybercrime: History, Global Impact & Protective Measures [2022] – BlueVoyant https://www.bluevoyant.com/knowledge-center/cybercrime-history-global-impact-protective-measures-2022 (Accessed 28/10/2023)

[12]Ibid

[13]  History of ICT(Information and communications technology) – Sutori https://www.sutori.com/story/history-of-ict-information-and-communications-technology–N7J51bQqSU7vLWcVfdn5M9qa (Accessed 17/11/2023)

[14] Available at, https://www.sutori.com/story/history-of-information-and-communication-technology&ved (Accessed on the 05/01/2023)

[15] www.greeks.org.introduction Information and communications Technology (ICT), (2017”, Available at, https://shodhgangotri.inflibnet.ac.in/bitstream&ved (Accessed on the 08/07/2022)

[16]Ibid.

[17] There are two basic types of e-commerce: business-to-business and business-to consumer. In Business to Business, companies conduct business with their suppliers, distributors, and other partners through electronic networks. In Business to Consumers, companies sell products and services to consumers. Although Business to consumers is the better known to the general public, Business to business is the form that actually dominates e-commerce in terms of revenue.

[18] Israel D. Fianyi, “Curbing cyber-crime and Enhancing e-commerce security with Digital Forensics”, International Journal of Computer Science Issues, Vol.12, Issue 6, 2015, pp. 78-85.

[19] Ibid.

[20] Baek, J.-M., & Hong, I.-S., A study on mobile payment system with united mileage using USIM Web and Communication Technologies and Internet-Related Social Issues—HSI 2003, pp. 394-403.

[21] A Brief History of Cybercrime – Arctic Wolf https://arcticwolf.com/resources/blog/decade-of-cybercrime/ (Accessed on 22/09/2023)

[22] The History Of Cybercrime And Cybersecurity, 1940-2020 https://cybersecurityventures.com/the-history-of-cybercrime-and-cybersecurity-1940-2020/ (Accessed on 22/09/2023)

[23] The origin of cybercrime – GOOSE VPN https://goosevpn.com/blog/origin-cybercrime (Accessed on 22/09/2023)

[24] What is Cybercrime? – Definition, History, Types & Laws – Video & Lesson Transcript https://study.com/academy/lesson/what-is-cybercrime-definition-history-types-laws.html (Accessed on 22/09/2023)

[25] Mafany Victor Ngando, “Combating Cyber Crimes in Cameroon”, 2019, Available at: https://www.kinsmenadvocates.services/combatig-cybercrimes-in-cameroon/&ved (Accessed on the 05/01/2023)

[26] Simone Toussi, “Overview of Cameroon’s Digital Landscape”, 2019, Available at: https://cipesa.org/2019/09/overview-of-cameroons-digital-landscape/&ved (Accessed on the 05/01/2023).

[27] CFIB/015/2012