Enoakpa Nkongho identifies five main drawbacks contained in the draft African Union Convention on the Confidence and Security in Cyberspace. In a journal paper titled the case for a pan African Solution to Cyber-crime: A critical Review of the Draft AU convention on the Confidence and Security in Cyberspace Mr. Enoakpa fronts the following five main arguments which should form a basis for halting the passage of the draft in its current form.
The AU draft contains clauses that will result in;
1. Violation of the right to privacy.
2. Violation of the right to freedom of expression
3. Legislation overkill especially the unjustified burden the law will have on the individual
4. Similarly there shall be an unjustified burden on corporations as a result of legislative overkill in the AUDCCSC
5. The granting of absolute powers of judges: This will form a basis for unjust civil liberties curtailment and for procedural flaws in the AU draft convention
In each of the above arguments Mr. Enoakpa goes to great lengths to list down the provisions contained in the draft legislation that curtail the basic freedoms identified.
In the case of violation of the right to privacy Enoakpa contends that the draft uses contested concept such as state security and public interest. The two terms [state security and public interest] have been used by African countries in the past to quash opposition and as such if this convention is passed and ratified by individual countries it might become the carte blanche to muzzle divergent views.
In respect to violation of the right to freedom of expression the paper point out that African’s are increasingly adopting the use of social media networks and blogs to voice their opinions. In most instance this opinions might be critical to the government of the day. Thus, in some instances folks have used pseudonym names to get word out on repressive practices by their governments or to voice criticism. The author in this case presents his reservations on the provision that would result in interception of traffic and content data.
The other contention raised by the author against the AU cyber security convention in this paper is the legislative overkill which would place an unjustified burden to the individual and corporations.
Lastly, the AU Cybersecurity convention gives absolute powers to judges which would be a basis for unjust civil liberties curtailment.
It is on these five points that Enoakpa Nkongho contends that the draft African Union Convention on the Confidence and Security in Cyberspace should not be adopted AU member states in January 2014.