The Cybercrime Act 2015 of Nauru
May 2015
National Regulations
The Cybercrime Act 2015 of Nauru was established to prevent, investigate, and suppress computer-related offences while imposing penalties for such crimes. It aims to protect the Republic’s digital infrastructure, secure electronic systems, and promote lawful use of technology by defining various cybercrimes and specifying the penalties and procedural rules for addressing them.
Overview of the act
Part 1: Preliminary
This section sets the groundwork for the Act:
- Interpretation: Defines key terms such as ‘computer,’ ‘electronic data,’ ‘hosting provider,’ and ‘traffic data.’
- Jurisdiction: Extends the Act’s applicability to offences outside the Republic if linked to the Republic’s systems.
- Admissibility of Electronic Evidence: Ensures that evidence generated from electronic systems is admissible in legal proceedings.
Part 2: Substantive criminal law
This part specifies offences related to cybercrime:
- Illegal access: Unauthorised access to protected computers.
- Illegal interception: Unlawful interception of electronic transmissions.
- Illegal data interference: Damaging, altering, or obstructing access to electronic data.
- Data espionage: Unauthorised access to protected data for personal or third-party benefit.
- Illegal system interference: Disruption of electronic systems, especially critical infrastructure.
- Creation or distribution of hacking tools: Prohibits possessing or distributing software for committing cybercrimes.
- Computer-related forgery and fraud: Falsification of electronic data and using it for fraudulent gains.
- Child exploitation: Criminalises child pornography and solicitation through digital means.
- Publishing indecent content: Prohibits publishing obscene or lascivious material electronically.
- Identity-related crimes: Misuse of someone’s identity through electronic means.
- Spam: Penalises transmission of deceptive or misleading electronic messages.
- Racial and religious offences: Punishes content intended to incite racial or religious hatred.
Part 3: Procedural law
Procedures for investigating and prosecuting cybercrimes are detailed:
- Search and seizure: Authorises searches and confiscations of electronic systems or data.
- Assistance orders: Requires cooperation from individuals or entities during investigations.
- Production orders: Enables law enforcement to compel production of data or user information.
- Data preservation: Mandates temporary preservation of electronic data critical for investigations.
- Interception of data: Permits lawful interception of electronic communications under judicial oversight.
- Forensic tools: Details the use of remote forensic tools to gather evidence from electronic systems.
Part 4: Liability
Establishes responsibilities and liabilities of various service providers:
- Access providers: Not liable for content transmitted without their involvement in creating or modifying it.
- Hosting providers: Must remove illegal content promptly when notified.
- Caching providers: Exempt from liability if they comply with specified conditions for temporary data storage.
- Hyperlink providers: Protected if they act swiftly to remove links to illegal content upon notification.
- Search engine providers: Not liable for search results unless they modify content intentionally.
- Monitoring obligation: Service providers must monitor and retain transmitted data for up to 12 months.