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  • OAL’s Beverley Agbakoba-Onyejianya Recognized as a Global & Recommended Leader in Sports by Who’s Who Legal (WWL) 2021

    OAL’s Beverley Agbakoba-Onyejianya Recognized as a Global & Recommended Leader in Sports by Who’s Who Legal (WWL) 2021

    We are pleased to announce that our Associate Partner/Head – Sports, Entertainment and Technology Practice, Beverley Agbakoba-Onyejianya has been recognized by Who’s Who Legal as a “Global Leader” and “Recommended Lawyer” in the Sports and Gaming category in the maiden edition of its Legal Sports and Gaming 2021 Market.

     

    Who’s Who Legal (WWL) is one of the most comprehensive legal directories in the world. The WWL research approach is solely based on client and private practitioner recommendations in order to identify the leading specialists in a wide range of practice areas around the world.

     

    WWL Sports 2021 takes an in-depth and comprehensive look at the international sports and gaming market, based on a research approach that includes nominations from peers, clients, and tribunal members to identify the best international sports and gaming lawyers in the world.

     

    Beverley Agbakoba-Onyejianya has been recognized as a global thought leader in the sports field, as well as a highly recommended lawyer with experiences in resolving complex international issues. This is also based on her impact, experiences and contributions to the Sports and Gaming Sectors in Nigeria.

     

    This recognition is another feather in the cap of our OAL’s Sports, Entertainment, and Technology (SET) Practice Group, and it reaffirms Olisa Agbakoba Legal’s (OAL) commitment to emerging sectors of the economy in Nigeria and throughout the world.

     

    Click https://whoswholegal.com/beverley-agb to view her full profile at WWL. 
  • Nigerian Immigration and The Mode of Visa Application in Nigeria

    Nigerian Immigration and The Mode of Visa Application in Nigeria

    Immigration is generally the process through which individuals become permanent residents or citizens of another country. Historically, the process of immigration has been of great social, economic, and cultural benefit to states.

     

    The guiding force of the Nigerian immigration is principally from statute and also supported by policy. These laws and policies governs the administration of immigration laws and Visa in Nigeria.  The fundamental law is the Immigration Act of 2015 (the 2015 Act), which is supported by the Immigration Regulations of 2017 (the Immigration Regulations).

     

    In addition, is the New Visa Policy (NVP) which was formally launched by President Muhammadu Buhari in February 2020, introducing a reformed visa regime. With respect to the administration of immigration control, the provisions of the 2015 Act specifically designate the Nigeria Immigration Service (NIS) as the principal body charged with responsibility for administering the Act, under the headship of the Comptroller General of Immigration (CGI). This article takes a critical look at the guiding force of immigration in Nigeria both legislation and body in charged vis a vis Visas and Visa policy.

     

     

    Regulatory Framework Guiding Immigration in Nigeria.

    1. The Immigration Act, 2015

    This is the Act that gives the power of administering the Act, control of persons entering or leaving Nigeria, border surveillance, issuance of travel documents and due enforcement of all laws relating to the immigration and emigration into and out of Nigeria on the Nigerian Immigration Service headed by the Comptroller General of Immigration.

     

    1. The Immigration Regulations, 2017

    The key objective for issuing the Regulations is to create a legal framework for the implementation of the Immigration Act 2015 (“Act”) and a repeal of the Immigration Regulations 1963.

    The Regulations came into effect to raise a myriad of compliance issues, which corporate entities that have foreign nationals, as employees, need to be abreast of and strictly comply with. This regulation also contains various compliance matters and red flags that both the body corporate and foreign national employees must be aware of.

     

    1. The Nigeria Visa Policy 2020.

    The new policy was introduced in line with the government’s Economic Recovery and Growth Plan 2017 – 2020, which aims to remove the barriers that have historically inhibited innovation and economic development in the country. The policy was implemented to improve the business environment, attract Foreign Direct Investment and boost tourism without compromising national security in Nigeria. The Nigeria Visa Policy 2020 is intended to attract innovation, specialized skills and knowledge from abroad to complement locally available ones. This article will also address the innovation of the policy.

     

     

    Types of Visa and Permit in Nigeria.

    The two legislation, that is the 2015 Immigration Act and the Immigration Regulations provide for the issuance of various types of visas and permits by immigration authorities to non-Nigerians for entry to and residence in Nigeria. Also, the New Visa Policy most especially widens the scope of visa classes in the Immigration Act and delineates the following three main categories: (1) Short Visit Visas (SVVs), (2) Temporary Residence Visas (TRVs), and (3) Permanent Residence Visas (PRVs).

     

    What the New Visa Policy(NVP) has done is to provide a class of visa for almost every conceivable purpose for entry into the country, increasing the number of classes of visa from six to 79 in total, with each class of visa now having a code for ease of processing.

     

     

    Categories of visas identified under the New Visa Policy

    • Short Visit Visa

    The Short Visit Visa provides an avenue for foreign nationals to enter Nigeria for a maximum period of 90 days for various short-term purposes, including visits, tourism, business meetings, sport, entertainment, and specialized services. The number of classes of visa are 28.

     

    • Temporary Residence Visa

    This category permits foreign nationals to live in Nigeria for a maximum period of two years for the purposes of employment, establishing a business and schooling, among others.

     

    • Permanent Residence Visas

    PRVs enables individuals to reside in Nigeria for up to five years or more, providing an avenue for obtaining permanent residence status in Nigeria available to investors, retirees and highly skilled individuals, among others.

     

     

    How to Apply for a Visa

    Most application for visas and most permits are made to the Comptroller General of Immigration or to the appropriate Nigerian diplomatic mission established abroad. However, the recently launched NVP promotes the use of two additional visa application channels whereby travelers wishing to enter the country can apply for visas.

     

    The following are mode of application as set out in the NVP:

     

    1. Application via Visa on Arrival

    This mode is available at the Nigerian port of entry, (at the desk marked ‘Visa on Arrival’) for those whose visa application falls within the qualifying classes of visas; these include frequent business travelers, emergency relief workers and holders of passports of African Union (AU) countries. Once the application has been submitted at the port of entry, the applicant will be required to make an online payment through the NIS website and undergo biometric enrolment to be issued the entry visa.]

     

    1. Online e-visa application

    This service is an online process requiring intending visitors to apply online via the NIS website. Following successful consideration and processing of the application, the applicant will receive by email approval confirmation and an Electronic Travel Authorisation Letter (eTAL) within 48 hours of the application; the applicant is required to obtain this pre-approval before coming into Nigeria. Application by e-visa is available for specific classes of SVVs, including the transit visa, business visa, tourism visa, journalist visa and visas for staff of international non-governmental organisations (INGOs).

     

    1. Application at the Nigerian diplomatic mission or embassy or authorised visa application centre

    The submission of an application at the Nigerian diplomatic mission or embassy is an avenue available in respect of all classes of visas, including the categories of visa that qualify for VoA and e-visa applications. To use this channel, application and payment is initially effected online, with the requisite supporting documents to be submitted at the embassy and, if necessary, the applicant will be required to attend an interview; if the application is approved, the visa will be issued. Applications for Nigerian visas requiring submission at Nigerian diplomatic missions can also be submitted at established visa application centres, which are available in some countries and are authorised to receive applications and submit these to Nigerian embassies on behalf of the visa applicant.

     

     

    Prerequisites for Entry

    Section 18 of the 2015 Act stipulates that, unless the Minister or the CGI directs otherwise, an immigration officer shall admit into Nigeria a person who:

    1. has in their possession a valid passport or such other travel document as is approved by the Minister or CGI for admission into Nigeria; or
    2. is in possession of a valid visa, residence or work permit, or any other permit, or other form of approval.

     

    An individual who has the requisite documents for entry into Nigeria should, therefore, ordinarily be admitted into the country. Entry can, however, be denied to a foreign national by the immigration officer in the following circumstances: where the requisite visa or permit needed for entry or admission has not been validly obtained; where, on the advice of a medical inspector, it is undesirable for medical reasons to admit such a foreign national; or where the national seeking entry is classified as a prohibited immigrant. Entry can also be validly denied to those considered a risk to public health, public interest or national security and those who should not be admitted into Nigeria on any other grounds as may be prescribed from time to time by the Minister or the CGI.

     

     

    Regulatory Bodies in Charge of Immigration in Nigeria and their Functions:

     

    • The Nigerian Immigration Service

    This body is designated under the 2015 Act as the principal body charged with responsibility for administering the Act, with the power to both sue and be sued. The responsibilities of the NIS are clearly stipulated under Section 2 of the 2015 Act and encompass the following:

    1. control of persons entering or leaving Nigeria;
    2. issuance of travel documents, including Nigerian passports, to bona fide Nigerians within and outside Nigeria;
    3. issuance of residence permits to foreigners in Nigeria;
    4. border surveillance and patrol;
    5. enforcement of laws and regulations with which it is directly charged; and
    6. performance of such paramilitary duties within or outside Nigeria as may be required of it under the authority of the 2015 Act or any other enactment.

     

    The provisions of both the 2015 Act and the Immigration Regulations also provide clarity regarding the structure and composition of the NIS, with the head of the NIS designated as the CGI; the duties of officers in the NIS and the procedure for the appointment of immigration officers are also clearly defined, whereby the CGI and the Deputy Comptrollers General are to be appointed by the President from among serving officers in the NIS, on the recommendation of the Civil Defence, Fire, Immigration and Prisons Services Board, with the Board responsible for the appointment of assistant comptrollers general and comptrollers of immigration to assist the CGI.

     

    • The Federal Ministry of Interior

    The Ministry of Interior (the Ministry) formulates and implements policies related to border management and supervises the NIS. Its mandate is to foster and maintain internal security and citizenship integrity for the promotion of good governance. The Ministry is also responsible for matters related to the granting of Nigerian citizenship and the granting of expatriate quotas, among other functions.

     

    There are also other relevant authorities that are indirectly involved in immigration matter. They are:

    • The Nigerian Investment Promotion Commission (NIPC)- the NIPC was established in 1995 as a federal government agency created to promote, coordinate and monitor all investments in Nigeria, as well as to maintain liaison between investors and ministries, government departments and agencies, institutional investors and other authorities concerned with investment;

     

    • The Corporate Affairs Commission (CAC) – which administers the provisions of the Companies and Allied Matters Act (CAMA) – the principal legislation that governs the incorporation and regulation of the companies in Nigeria. By virtue of the provisions of the CAMA and their applicability on matters relating to foreign participation in enterprises in Nigeria, the CAC, by default, has an impact on the administration of the 2015 Act and some of the provisions therein.

     

    • The Securities and Exchange Commission (SEC) –  SEC administers the provisions of the Investment and Securities Act 2007 and issues guidelines on the regulation of foreign investment in the Nigerian capital market. All foreign investors investing in securities of Nigerian companies – except those of private companies – are expected to register with SEC;

     

    • The Federal Inland Revenue Service– The FIRS is responsible for the collection of relevant corporate taxes as well as the individual state internal revenue services, which are responsible for the collection of personal income taxes of foreign employees working in Nigeria.

     

     


     

    Written By:

    Ebunoluwa Bayode Ojo

    Associate, OAL

  • Bank Loans in Nigeria: Types of Collateral and Loan Documentation

    Bank Loans in Nigeria: Types of Collateral and Loan Documentation

    Bank loans are a very valuable tool for the growth and sustainability of businesses in Nigeria; particularly since we are not exactly a credit-oriented society. It is important to understand that obtaining a bank loan in Nigeria does not necessarily mean that a person or business is in financial trouble. In fact, a loan can be a powerful tool to raise capital and scale a business, when utilized correctly.

     

    From short-term loans with low interest rates, to long-term loans with higher interest rates, there is a wide variety of loan options with different peculiarities available and a properly obtained loan can be a nifty tool to catalyze the growth of a business.

     

     

    Securities for Bank Loans

    Before a Bank will grant a loan to any party, it will require some sort of protection/guarantee for the money it is letting out; think of it as a safety net, a security for the Bank to hold onto, acting as an assurance that, in the event of the borrower’s failure to repay the loan, there is something to go after for the settlement of the loan – this is called a COLLATERAL.

     

    The title to the collateral does not typically pass to the Bank when a loan is granted; instead the collateral remains the property of the borrower. However, if the borrower defaults in repaying the loan as agreed by the parties, the Bank may be entitled to sell off the collateral and use the proceeds to offset the debt.

     

     

    Types of Collateral

    With the development of the banking industry in Nigeria, there is a wide range of acceptable collateral for bank loans:

    1. Real Estate:

    This could be undeveloped land, a partially constructed building or a finished structure. Either way, the Bank will typically send out Estate Valuers and Surveyors to inspect the property and confirm that its value is worth enough to secure the amount to be loaned out.

     

     

    1. Personal property:

    This category covers tangible assets other than real estate; cars, household appliances and other personal assets of a reasonable value; these are mostly used to secure small loans.

     

     

    1. Goods:

    In the case of borrowers engaged in the business of manufacturing, importing, exporting, trading and generally dealing with goods on a large scale, they may use those goods as a security for bank loans.

     

     

    1. Equipment:

    Where a borrower operates with heavy-duty equipment, machineries and plants; particularly manufacturers, service providers and oil and gas workers, valuable equipment can be used as securities for bank loans.

     

     

    1. Investments:

    Investments such as shares and stocks are acceptable securities for bank loans; a person who has valuable investments may use them to secure bank loans. Formerly, borrowers seeking to use shares as security would need to deposit the share certificates with the Bank however, with the establishment of the Central Securities Clearing System and the digitization of the shareholding system in Nigeria, all the parties need to do is request that the CSCS move the affected shares into a reserved lien account in favor of the Bank.

     

     

    1. Cash:

    While this may sound counter-productive, it may happen that a borrower would prefer to take out a loan, even though he has money in his accounts. This may be due to some benefits he enjoys as a result of having those monies in his accounts; whatever the reason, cash is an acceptable form of collateral and should the borrower default, the Bank can put the cash towards offsetting the loan amount.

     

     

    Loan Documentation

    Loan documentation refers to all the documents used by the parties (the Bank and the borrower) in spelling out the terms and nature of the loan transaction, particularly with respect to the collateral and guarantees for the loan. This could be one or more of the following:

     

    1. Offer Letter:

    This is a document from the Bank that sets out the terms and conditions that will guide the loan transaction and, if the borrower finds the terms agreeable, he proceeds to sign the offer letter and it operates as a binding contract between the parties.

     

    An Offer Letter in respect of a bank loan sets out the details of the borrower, the purpose of the loan, the duration of the loan, type of security advanced, terms of repayment as well as other necessary clauses.

     

     

    1. Legal Mortgage:

    Where the borrower uses real estate as a collateral, he may be required to execute a legal mortgage in favor of the Bank. This legal mortgage is then registered at the Lands Registry and the interest of the Bank in that property is duly recorded. Ownership of the property does not immediately pass to the Bank however, should the borrower default in repaying the loan, there will be a host of remedies available to the Bank, including the sale of the property.

     

    There could also be a Third Party Legal Mortgage where a third party, who is the owner of the real estate property, creates a mortgage in the name of the Bank in favor of the borrower. In this instance, the borrower is not the owner of the property but the Bank may use the property to offset the loan in the event of a default.

     

     

    1. Personal Guarantee:

    This is a document signed by a person standing as a surety for the borrower. Through this document, the surety undertakes that in the event of the borrower’s failure to repay the loan, he (the surety) may be held personally liable to repay either the full loan amount or, if contained in the Personal Guarantee, such an amount as the surety has agreed to be responsible for.

     

     

    1. Debenture:

    A collateral option available to borrowing companies is a Debenture. The borrower creates a charge over its assets in favor of the lender. What this means is that the lender is given an interest in some asset of the borrower and, in the event of a default in repayment, the lender can go after the asset and put the proceeds towards the settlement of the loan.

     

    There are 2 types of Debenture – the Fixed Charge, which is created in respect of tangible and identifiable property such as land and machinery; and the Floating Charge, which is typically created in respect of non-constant assets like shares and inventory (i.e. their value may change, over time). A Floating Charge may become fixed in the event of a default by the borrower.

    There could also be a Debenture which combines the features of the 2 types of debenture already discussed; this is called a Fixed and Floating Debenture.

     

     

    1. Stock Hypothecation:

    This is typically used by people who deal with large amounts of goods; importers, exporters, manufacturers and wholesale distributors. The borrower uses his goods (“stock”) as collateral for the loan secured and, in the event of default, the Bank may seize these goods.

     

     

    1. Letter of Lien/Set-off:

    This is used where a borrower intends to create an interest in favor of the Bank in any of his assets. It could be deposit in a bank account or some other property of the borrower; the borrower simply signs a letter stating that he is giving the Bank a right of lien over the specified property.

     

    A borrower may also sign a document titled ‘Authority to exercise right of lien and set-off over deposit with the Bank’ where he is using money in his account with the Bank as collateral for the loan. This gives the Bank the right to set off any amount owed by the borrower directly from the deposit in any account he holds with the Bank.

     

     

    1. Irrevocable Standing Debit Order:

    With this document, a borrower gives the Bank an ‘order’ to periodically deduct an agreed amount from an account with the Bank and put it towards the settlement of the loan. With this standing order, the Bank has the authority of the borrower to debit the customer’s account at the authorized intervals (usually monthly) until the full loan amount is settled.

     

     

    1. Negative Pledge:

    With this document, the borrower, usually a company, pledges that while the loan facility subsists, he will not use the same collateral used to secure the loan in question to secure a facility from another lender. Basically, this protects the lender’s interest in the collateral.

     

     

    1. Joint Memorandum:

    Used to secure shares as collateral, a joint memorandum is executed by the Bank and the borrower, with the shares to be used as collateral listed out and then sent to the Central Securities Clearing System for further action. Further to this, the CSCS moves the shares into a Reserved Lien Account in favor of the lender and the shares cannot be moved without the written authority of the borrower.

     

     

    1. Trust Receipt:

    This is typically used in respect of goods. With this, the title to the goods is vested in the Bank and, even though the goods are in the physical possession of the borrower, they are deemed to be held in trust for the Bank by the borrower. Upon the repayment of the loan, the title to the goods falls back to the borrower.

     

    These are most of the documents that one may encounter in the process of securing a loan facility from a Bank. While this article has summarized the basic meanings and implication of these loan collateral documents, it is important for a person seeking a loan from a Bank to have a lawyer review the documents to ensure there are no draconian terms and provisions which may be detrimental to the borrower.

     

     


     

    Written By:

    Ayotomiwa I. Adebanjo

    Tomiwa is an Associate at OAL. She is an innovative young lawyer with a passion for the Corporate/Commercial industry and a knack for excellence.

  • A Guide To Setting Up Venture Capital Firms in Nigeria

    A Guide To Setting Up Venture Capital Firms in Nigeria

    Venture capital firms in Nigeria are gradually becoming a regular part of the startup conversation. In the last 3 years, we have witnessed an increased activity of local and international VC firms in Nigeria and across the African continent and there is an advocacy for the rise of more homegrown VCs who will be instrumental in the growth and scale of current and upcoming homegrown solutions to some of Africa’s problems. This article attempts to explain the steps involved in setting up a Venture Capital firm in Nigeria. 

     

     

    What is a Venture Capital Firm?

    Venture Capital (VC) is a type of modern financing where high net worth investors (HNIs) pool together to provide capital (funds) to startups and small businesses possessing long-term growth potential and scalability. 

     

    A VC firm is essentially an investment firm that supports and incubates  early-stage or growth-stage companies and startups, through capital raised from its limited partners. To simplify this picture, a VC firm is a professional money management firm of sorts providing funding with the aim to assist and aid the company to grow and become sustainable /impact worthy. That’s the easy part, the tricky part is qualifying for investment funding and aligning with what VC firms tend to expect.  Some would say there is a method to the VC madness,  based on research we can identify some discernible trends/patterns:

     

    1) Investment pattern; It could be based on a particular investment stage and/or a particular industry. This simply means that VC firms usually have a scope/focus with respect to the startups they invest in. While the investment could be focused on a particular industry. 

    2) it could also be based on a particular investment stage (seed, series A-C, etc), location or market vertical. 

     

    Venture capital activity has evolved from a little known niche area into a fast-paced, highly sophisticated industry with multiple players and stakeholders all contributing to innovation in entrepreneurship, science and tech and countless other domains. 

     

     

    Structure of a Venture Capital Firm in Nigeria

    VC firms are typically structured (registered) as limited partnerships  where the firm serves as the general partner, and the investors serve as limited partners. All the partners have an ownership stake in the funds of the firm, and profits generated from the investment of the VC are shared amongst them.

     

    The limited partners usually contribute a larger chunk of the funds while the general partners provide the remainder of the funds and invest it in a portfolio of companies over a period of 7 to 10 years. VC firms ideally raise multiple funds with each one looking to be bigger than the previous funding round. The ultimate goal of the VC is to exit successfully from their position in a startup through private sale of the investee company or further investment rounds (if the VC, in particular, is focused on early-stage companies)or if the company goes to an initial public offering stage.

     

    The successful acquisition of Paystack, a startup born out of Lagos, Nigeria which provides a user-friendly way to integrate payments services into an online or offline transaction by way of an API by Stripe, a US-based payments company is a typical example of an outcome any VC would hope for.

     

    It is important to state that the limited partnership, between the general and limited partners, usually contains some agreements to ensure the general managers maximize investors’ return through the VC investment. For example, some agreements could restrict the level of investment into a single startup. Some could prohibit investment in certain categories of startups or investment types.

     

     

    Requirements for Setting Up a Venture Capital Firm in Nigeria

    There has been a steady increase in venture capital activity and investment in Nigeria and Africa. Within the first 6 months of 2021, the value of transactions undertaken by startups on the continent reached an eye-watering $1.19 billion,  with deals worth $1 million and above accounting for about 95% ($1.14 bn) of these.

     

    Nigeria and South Africa lead the pack, each accounting for 28% of the startups that raised funds in the bubbly African tech ecosystem. However, whilst a fraction of VC investments can be attributed to indigenous firms, the majority still come from foreign VC firms and investors.

     

    To set up a VC firm in Nigeria, there are various legal, regulatory and compliance requirements to consider; While some are general compliance requirements stipulated by the Corporate Affairs Commission (CAC) for company incorporation, others are peculiar to the VC firm structure based on its nature and operations.  

     

    We shall focus on the requirements peculiar to VC firms:

     

    1). REGISTRATION:

    Before the amendment of the Companies and Allied Matters Act (CAMA) in 2020, VC firms in Nigeria could be registered as a Limited Liability Company. In Lagos State, a VC firm could choose to register as a Limited Partnership under the Partnership Law of Lagos State and as a business name under CAMA for it to operate outside Lagos State.

     

    However, following the passing of CAMA 2020 , the CAC on the 31st of August 2021 announced the commencement of registration of Limited Liability Partnerships – LLPs; which means that  VC firms can now also register as an LLP. A VC firm in Nigeria now has the option to register either as a Limited Liability Company or as a Limited Liability Partnership.

     

    Additionally, VC firms along with private equity and other classes of investment firms are also required to be registered with the Security and Exchange Commission (SEC) if their investor fund exceeds 1 billion. Registration of a VC firm with SEC requires the fulfilment of certain conditions. Some of these conditions include payment of  fees, evidence of minimum paid-up capital, the profile of the company, current fidelity insurance bond, etc.        

     

     

    2). FUNDRAISING:

    There are several means by which a venture capital firm raises its funds. These include banks and other financial institutions, insurance companies, pension funds, (“institutional investors”) high net worth individuals, etc. However, there could be some form of restrictions with regard to institutional investment in VC firms. For example, a bank cannot invest more than 40% of the VC firm’s paid-up share capital.

     

    Registered VCs are also not permitted to solicit or raise funds from the general public but may only privately source funds from qualified investors which could be individual or institutional. 

     

     

    3). TAX REQUIREMENT(S):

    Tax payable by a VC firm in Nigeria depends on the structure of the VC fund. If the VC is registered as a limited liability company, it would be required to pay Companies Income Tax. However, where a VC is registered as an LLP, each partner investor would be liable to individual income tax from the business.

     

    In such a situation, the investee company/startup is however required by the Company Income Tax Act to withhold 10% of the interest on dividends due to the VC investors.

     

     

    Final Take

    We have taken a cursory look at the legal requirements but of course, there remain other factors to be considered when starting a VC firm in Nigeria. Consideration relating to the operational day-to-day running of the firm such as; structure of governance, model of investment,  etc.

     

    DISCLAIMER – This article is non-exhaustive and should not be taken as legal advice. Indigenous investors looking to set up VC firms or foreign VCs who intend to operate or invest in Nigeria should seek expert legal advice. You can contact Olisa Agbakoba Legal (OAL) for further enquiries. 

     

     

     


     

    Co-Written By:

    • Stephanie Etiaka – Innovation Officer, Olisa Agbakoba Legal (OAL)

    • Azeez Adebayo – Virtual Intern, Olisa Agbakoba Legal (OAL)

     

  • Deepfakes in Nigeria: Protection and Legal Framework against Deepfake Attacks in Nigeria

    Deepfakes in Nigeria: Protection and Legal Framework against Deepfake Attacks in Nigeria

    The Federal Government recently raised alarm over the use of “deepfake news to target the Nigeria government and its officials. According to the report, fake news has gotten worse by becoming a tool for critics to target the government, and Nigerians ought to know that we have graduated from normal fake news to “deepfake news”.

     

    The threat of deepfake news is that it is difficult to distinguish fake news from genuine news, since creators of deepfake news would take a story, either a video or a photo and make it look genuine. They will take recordings of what is happening in other countries, mutate them and massively circulate them as what is truly happening in Nigeria.

     

    Deepfakes are one of the most rapidly changing technologies available today and they refer to artificial intelligence (AI)-generated synthesized and/or overlaid images and videos utilizing existing photos and videos for deception purposes.

     

    Deepfake technology has seen a dramatic growth in popularity as the underlying AI technology has advanced. Deeptrace, a security company, projected that the number of deepfake videos online has risen to around 15,000 in 2019 alone – and continues to grow dramatically. Deepfakes are extremely convincing—they successfully lead people to believe that someone did or said something that never occurred.

     

    As the usage of deepfakes grow, organizations should prepare for the new threats posed by this technology, as well as new regulatory changes that may be implemented in reaction. in some countries. Most people identify deepfakes with disinformation—and their usage to impersonate politicians or celebrities may pose a significant risk to people’s reputations.

     

    Deepfakes are a growing cybersecurity threat, and as technology develops, businesses will increasingly need to protect themselves.

     

     

    What is the Use of Deepfakes?

    A deepfake is an attempt to deceive viewers by displaying fake or manipulated content. To disseminate misinformation or carry out other nefarious activities, its creator wants you to believe information that is not true.

     

    What is the point? Special effects and animations in films have both benefited from the use of this technology. Nevertheless, deepfake technology is now in use for malicious objectives.

    • Defrauds and hoaxes.
    • Pornography involving well-known people.
    • Election fraud.
    • using social engineering to manipulate others.
    • Automated Disinformation
    • Theft of personal information, as well as financial fraud.

     

     

    Deepfakes Attack Poses Risk to Individuals and Businesses

    Deepfakes pose a threat in a variety of areas, including cybersecurity, political elections, personal finances, corporate reputations, and more. Scams against individuals and companies, especially those conducted on social media, can take advantage of this bad intent and misuse.

     

    Social media posts that are backed up with persuasive manipulation have the ability to mislead and inflame the internet-connected populace. Deepfakes supply the media that makes fake news appear to be true.

     

    Businesses are frequently the first targets of deepfake attackers. The deepfake content may be used in a “newly defined cyber-attack vector” known as Business Identity Compromise (BIC). Through a BIC, the deepfake technologies are used to create “synthetic corporate personas” or impersonate current employees, causing “quite serious financial and reputational impacts to victim businesses and organizations.”

     

    Businesses are concerned about a variety of scams involving deepfake technology, including:

    • Supercharging scams, in which deepfake audio is used to make the caller appear to be a higher-up, such as a CEO requesting money from an employee.
    • Identity theft where deepfake technology is used to perform crimes such as financial fraud.

     

    The most visible and probably most concerning risk that this technology poses to businesses is its potential to aid criminals in fraudulent activity. The ability to look and sound like anyone, including those authorized to approve company payments, enables fraudsters to exploit weak internal controls and collect potentially enormous sums of money.

     

     

    Legal Framework against Deepfake Attacks in Nigeria

    It is crucial to highlight that there is currently no particular legal restriction on the creation of deepfakes in Nigeria. The only constraints on the type of content that individuals may create using technology are those imposed by anti-fraud legislation, as well as safeguards against harassment, defamation, and copyright infringement, as well as data protection regulations.

     

    This might complicate the process of seeking redress after suffering damage as a consequence of deceit caused by deepfakes, unlike with China’s and some US states’ policies, which have criminalized the use of deepfakes in specific instances. Meanwhile, the use of deepfakes for cybercriminal activities in Nigeria has raised global concerns about consumer data protection.

     

    The “Cybercrimes (Prohibition and Prevention) Act, 2015” which seems to have a substantial influence on Nigeria’s cyber laws, establishes a comprehensive legal, regulatory, and institutional framework for the prevention, detection, prosecution, and punishment of cybercrime in Nigeria.

     

    Additionally, the Act promotes cybersecurity and the protection of computer systems and networks, electronic communications, data and computer programs, intellectual property, and privacy rights, as well as the protection of critical national information infrastructure.

     

     

    Protection against Deepfakes Attacks on Businesses

    AI-driven technology is expected to be the most effective approach to identify deepfakes since machine learning algorithms can detect minor abnormalities and anomalies that humans can’t. But to reduce the risk of falling prey to deepfake-based frauds, businesses have to introduce training to staff and explain the threats posed by deepfakes and how they may be recognized to employees, particularly those working in positions relating to the payment of funds; and Increase the rigor with which payment authorizations are approved.

     

    These are some important steps you can take to safeguard your business from deepfakes:

    • Inform the board, the senior management team, and your staff of the dangers of deepfakes.
    • Train users to recognize and report attempts at social engineering, spear-phishing, and other unusual activity.
    • Don’t trust anyone you meet online. Find many independent sources to confirm the person’s identification.
    • Provide no personal or sensitive corporate information to anyone without confirmation from a legitimate second source.
    • Establish continuity strategies for when the company is the victim of a successful assault.

     

    Deepfakes will become much more common in the future. We have skilled and experienced cyber lawyers at Olisa Agbakoba Legal (OAL) who can provide legal support and advice in cases involving cybercrime and cyber security.

     

    Our Cyber lawyers handle cybercrime cases that involve individuals, organizations, or the government, as well as cases involving e-commerce, e-contracts and digital signatures, intellectual property rights, cybersecurity, and other topics. They collaborate with stakeholders to protect against today’s threats and to develop more secure and resilient infrastructure for the future.

     

    Our Cyber Security Lawyers among other things, negotiate complex technology agreements, provide daily operational support to the agency’s hunt, incident response, and vulnerability management divisions, advocate for the agency’s positions in litigation, draft and negotiate legislation, and respond to audits and investigations.

     

    Please do not hesitate to contact OAL’s Cyber Lawyers if you have any questions about internet technologies or cybercrimes in Nigeria.

     

     


     

    Written By:

    Josephine Uba

    Lead Digital Strategist, OAL.

  • Intellectual Property in Nigeria: A Summary of Protectable Rights in Nigeria

    Intellectual Property in Nigeria: A Summary of Protectable Rights in Nigeria

    Generally, Intellectual Property (“IP”) covers products of intellectual creations. However, it can also mean a generic term that describes creations of the intellect concerning which the law ascribes the exclusive right of appropriation to the designated owners. Intellectual Property law is a body of laws that governs all the relevant aspects (i.e. ownership, registration, protection, licensing, assignment, lifespan, etc.) of IP rights.

     

    In Nigeria, several laws have a bearing on the protection and administration of the different rights that make up intellectual property. However, the three main statutes governing the intellectual property law in Nigeria are the Copyrights Act, the Patents and Designs Act, and the Trademarks Act.

     

    These laws govern the protection and administration of the predominant Intellectual property protected in Nigeria as follows:

     

    1. Copyright:

    Copyright in an intellectual work is that exclusive right of the author of the original work to control or enable the doing of certain expressly stated acts in respect of the whole or substantial part of the work either in its original form or in any other recognisably derived from the original form but subject to certain statutory exceptions.

     

    Therefore, the copyright laws refer to the bundle of law that seeks to protect the rights of authors of such works that have been expressed in specific forms for the transformation or reproduction by persons who are neither authorised nor licensed by the copyright owner.

     

    Copyright is governed by the Copyright Act Cap 68, Laws of the Federation of Nigeria, 2004. Section 1(1) (a-f) of the Copyright Act provides for works protected by copyright which include;

    • Literary works
    • Musical works
    • Artistic works
    • Cinematograph films
    • Sound recordings
    • Broadcasts

     

    Overall, there are two criteria by which a work is adjudged to be eligible for copyright protection in Nigeria: originality and fixation. Thus, all copyright works must be original and expressed in a definite medium to be protected under the law. This is because copyright does not protect ideas but rather how ideas are expressed. By the provisions of section 1(2) of the Copyright Act, a literary, musical or artistic work must satisfy the twin requirements of “originality and fixation.”

     

    Finally, it is crucial to note that works that satisfy the above conditions enjoy automatic copyright protection without registration or compliance with any formal rules. Nonetheless, the Nigerian Copyright Commission (NCC) provides owners of copyrights the option to deposit a copy of their works with the NCC and receive a certificate that serves as notification of the existence of the work to the general public.

     

     

    1. Trademarks:

    A Trademark is any mark, sign, or combination thereof that the owners’ design to identify their product and differentiate it from other manufacturers’ products, especially competitors. There is a peculiar measure of identity associated with your goods. Section 67 of the Trademarks Act Cap T3, Laws of the Federation of Nigeria 2004, defines a trademark as:

    A word, letter, label, numeral, colour, signature, device or any combinations of words, letters, labels, signatures that identify and distinguish the source of the goods or services of one manufacturer from those of others in the course of trade.

     

    Trademark distinctiveness is an essential concept in the law governing trademarks and service marks. A trademark may be eligible for registration if it performs the critical trademark function indicated above and is distinctive. An essential role of any brand is to point the consumer to the origin of the marked goods and services; to do this, a trademark must distinguish the said goods or be capable of doing so.

     

    Distinctiveness is critical for a trademark’s registration. Distinctiveness connotes uniqueness, speciality, peculiarity and a distinguishable feature of a particular mark from another. Distinctiveness impacts everything from the registrability of a mark to its scope of protection, enforceability and continuing validity once registered. Trademark distinctiveness is essential when assessing how strong the trademark protection is against other competitors who may try to use trademarks as an instrument of deception, misdirection or deceit on the buyers or consumers of goods.

     

    Notwithstanding, one must note that distinctiveness is not an automatic pass for registration as the Registrar of Trademark has the discretion to refuse, albeit in line with the Trademarks Act. The Act provides that a mark can be rejected for being deceptive, scandalous, contrary to public policy.

     

     

    1. Patents:

    Patents law is channelled towards protecting inventions that extend to things like machines, devices, chemical compositions, and manufacturing processes. Essentially, the law protects the owner against the independent development of the patented subject matter. It is a grant from a government that confers upon an inventor the right to exclude others from making, using, selling, importing or offering an invention for sale for a fixed period. This invention may be a new product or process. The patent protects the inventor from others who may attempt to make, use, distribute or sell the invention without the patent owner’s consent.

     

    Patentable inventions are inventions in respect of which the law will grant a patent. The Patent & Designs Act Cap P2, Laws of the Federation of Nigeria 1988, outlines conditions for an invention to be deemed patentable. According to section 1(1) of the Patent & Designs Act, an invention is considered patentable if it meets the following conditions;

    • It must be new
    • It must be the result of an inventive step; and
    • It must be capable of industrial application.

     

    In Nigeria, Patents cannot be validly obtained in respect of:

    (a)  plant or animal varieties, or essentially biological processes for the production of plants or animals (other than microbiological processes and their products); or

    (b)  inventions the publication or exploitation of which would be contrary to public order or morality (it being understood for this paragraph that the exploitation of an invention is not contrary to public order or morality merely because its exploitation is prohibited by law).

     

    Furthermore, the provisions of section 1(3) of the Patent & Designs Act states that any publication made available to the public by oral disclosure, a document or a prior use will destroy the requirement of novelty and ultimately make an invention non-patentable. Provided that, however, an invention is not deemed to have been made available to the public merely because, within six months preceding the filing of a patent application in respect of the invention, the inventor or his successor in title has exhibited it in an official or officially recognised international exhibition.

     

    Again, the rights conferred on a patentee are not automatic. They require the statutory formality of registration as provided in section 2 of the Act to bring them into effect. This is done through the office of the Registrar of Patents in the Federal Ministry of Industry, Trade and Investment. The Registrar has a duty under the Patents & Designs Act to examine all patent applications to ensure that they conform with the provisions of the Act.

     

    However, it is essential to note that the examination here does not amount to an analysis in substance but rather form. Mainly, in making an application, it is crucial for an applicant to adequately state the specifications and claims of his invention, which he desires to protect in the patent application. The reason for this is that the specification and claims are the heart of patent law. Claims define the boundaries of the patent’s property right that the patent confers. They clearly define a patent owner’s property right.

     

    Overall, once an application satisfies all the Patents & Designs Act requirements, the Registrar will grant the application without any further examination of the fact of patentability or non-patentability of the subject matter of the application. The patent grant gives an inventor monopoly rights for a limited period to make, use or apply the process or product of his inventive ingenuity. A patentee is entitled to the sole ownership and profits arising from his invention during the patent’s lifetime, usually twenty years (20 years) in Nigeria.

     

     

    1. Industrial Designs:

    Industrial designs are those elements incorporated into mass-produced items that tend to enhance attractiveness by their appearance. Industrial design protection covers designs that are original and novel. It is called industrial design because for it to qualify for protection, the design must be capable of application for mass or industrial reproduction.

     

    According to section 12 of the Patents & Designs Act, industrial designs are created as models or patterns to be multiplied by an industrial process and not intended to achieve a technical result, i.e. relate to or improve on the functional feature of a product without which the product cannot perform its functions.

     

    Hence, if a design relates to a functional element or enhances the functionality of a product, it will not be registrable as an industrial design and is more suitable for patent protection. The net effect of this section is that a design need not be functional nor add value to the ability or substance of the article. It suffices if all the design does is to attract attention or that it is eye-catching to influence consumers.

     

    There are two fundamental conditions an industrial design must fulfil before it can be registrable;

    • Newness
    • Not contrary to public order or morality

     

    The right to protection of a registrable industrial design is based on the priority of registration, i.e. a party who registers first receives priority. Section 14 of the Patent & Designs Act vests the right to register the design in the statutory creator. A registered design protects the shape of the product, i.e. lines, colours or any three-dimensional form.

     

    The idea is to prevent others from reproducing the product’s exterior design for industrial use. The owner of a registered design can prevent others from copying, importing, illicitly profiting, selling or utilizing for commercial purposes by reproducing the design. A registered design is protected for five years from the date of the application for the registration.

     

     

    In Conclusion

    Businesses require competent legal advisors to assist them in navigating the ever-changing world of intellectual property (IP) law in order to remain relevant in today’s global marketplace. IP is a valuable asset that must be safeguarded if your company is to thrive because you spent a lot of time and effort developing ideas, technologies, and designs that set you apart from other competitors or businesses.  However, in order to preserve your intellectual property asset, it is essential that you consult with an intellectual property lawyer.

     

    IP lawyers can assist you in ensuring that no one else profited or misappropriated their works without obtaining legal authorization or paying fair royalties.  Talking with the best intellectual property lawyers in Nigeria can undoubtedly put your mind at ease regarding the security of your intellectual property.

     

    Having an IP lawyer on your team is a smart strategic decision for your company. This will allow you to collaborate with your lawyer to ensure that your intellectual property is properly safeguarded and utilized to its greatest potential.

     

    Olisa Agbakoba Legal is a full-service law firm with a team of intellectual property lawyers who work exclusively in the intellectual property sector. We provide strategic advise to clients on all aspects of intellectual property. Because we are aware of worldwide market trends, we assist both small enterprises and multinational corporations in understanding and using their intellectual property rights. Additionally, with a global network of partners in a variety of technical specialties, we are able to support our clients regardless of where they conduct business.

     

    Our team collaborates directly with clients to safeguard the security of their ideas and technology, allowing them to focus on their core competencies—business growth and development. We prosecute patent applications and trademark registrations in Nigeria on a regular basis, in addition to litigating IP disputes across a variety of platforms.

     

     


     

    Written By:

    Nosa John Garrick

    Nosa is an Associate at Olisa Agbakoba Legal. He is an intelligent and dynamic attorney who continuously applies his critical and creative thinking to deliver excellent client-oriented solutions.

    View Nosa’s Profile >>

  • Dating and Romance Scams in Nigeria: All You Need To Know

    Dating and Romance Scams in Nigeria: All You Need To Know

    Nigerians are becoming well-known for their involvement in dating or romance scams. Scammers prey on those looking for love connections, generally through dating websites, apps, or social media, by posing as potential partners. They use emotional manipulation to persuade them to provide money, gifts, or personal information.

     

    According to CNN, federal authorities have charged ten people in Oklahoma, New York, California, and Texas with conspiring to launder money obtained through a romance scam targeting women nationwide.

     

    Five of the individuals charged were arrested in Norman, Oklahoma; one was arrested in Brooklyn, New York; and one was arrested in Long Beach, California. Three of the suspects escaped.

     

    According to a federal indictment released by the US District Court for the Northern District of Oklahoma, the suspects – the majority of whom were Nigerian – would initiate online relationships with women and falsely claim to be US citizens working overseas. They target women on dating websites and social media platforms, and created dating profiles using fictitious names, locations, and images.

     

    The victims originated from a variety of locations, including Seminole, Florida; Centerville, Ohio; and Pryor, Oklahoma. They lost nearly $1.1 million in total, including one who sent cash and goods worth $546,000.

     

    This type of incident occurs more frequently than you might believe, and while there are several scams online, few are as destructive as these.

     

    The Federal Trade Commission reports that Americans lost $143 million to romance scams in 2018, with the average victim losing over $2,600. The US Federal Bureau of Investigation’s Internet Crime Commission (IC3) reported receiving over 15,000 allegations of romantic scams in 2016. In 2020, romance scams reported a record of $304 million in losses to the Federal Trade Commission. This is an increase of around 50% over the previous year.

     

    It’s not just the money that’s at stake in these types of scams; the victims have generally developed an emotional attachment to their scammers, believing them to be real and prospective life mates. That only adds to their anguish when they become heartbroken as the scammers make off with their money or savings.

     

    Most reports show that many of these schemes to defraud vulnerable people looking for love start in Nigeria, where a thriving underground economy of scammers sets up profiles on online dating sites and sweet chats unwary victims into parting with their funds.

     

     

    What is a Romance Scam?

    Dating or romance scam entails posing as a potential date or love partner on the internet in order to connect with someone. A fake picture of someone exceptionally attractive is frequently used to lure people to respond to love propositions. To lure someone into a scam, a fake profile is built with false information. The creation of a false online identity is known as Catfishing. Emails and other messages are exchanged once someone responds or appears receptive to a romantic relationship. Over time, trust is earned.

     

    Following the establishment of confidence based on false pretenses, solicitations for money or other items begin. Asking someone to donate money or presents is a form of dating fraud. In other situations, the fraud entails requesting that someone transmit intimate images or provide personal identifying information or financial account information. The intimate photographs might be used to blackmail someone or placed on pornographic websites, while the personal identifying information could be utilized in identity theft frauds.

     

     

    How Does a Dating or Romance Scam Work?

    Scammers frequently conduct dating and romance scams via online dating websites, but they may also contact victims via social media or email. They have even been known to initiate contact with their victims by phone. Catfishing is another term for these schemes.

     

    Scammers frequently construct fictitious online personas to entice you. They may use a made-up name or impersonate real, trustworthy individuals such as military personnel, aid workers, or professionals working abroad.

     

    Scammers will express intense emotions for you in a short period of time and will advise that you take the connection away from the internet and onto a more private channel, such as phone, email, or instant messaging. They frequently claim to be Australians or residents of another western country but are actually traveling or working in another country.

     

    Scammers will go to great lengths to pique your interest and earn your trust, including showering you with love words, providing ‘personal information,’ and even giving you gifts. They may spend months cultivating what appears to be a lifetime romance and may even pre-book airfare to visit you but never arrive.

     

    Once they have acquired your trust and your defenses have been breached, they will ask you for money, gifts, or your banking/credit card information (subtly or directly). Additionally, they may request that you submit photographs or videos of yourself, maybe of a personal nature.

     

    Frequently, the scammer will claim that they require the funds for a personal emergency. For instance, they may assert that they have a critically ill family member who requires immediate medical attention, such as an expensive operation, or they may assert financial difficulties as a result of an unlucky run of bad luck, such as a failed business or street mugging. Additionally, the fraudster may pretend they wish to visit you but are unable to do so without your assistance in covering their airline or other travel expenditures.

     

    Occasionally, the scammer may give you important products such as laptop computers and cell phones and would request that you resend them to a different location. They will fabricate a reason why they require your assistance in delivering the products, but this is really a cover for their illicit activities. Alternatively, they may request that you purchase the goods and ship them yourself. You may even be required to accept funds into your bank account and subsequently transfer them to another individual.

     

    Occasionally, the scammer will inform you of a significant sum of money or gold they are transferring out of their nation and give you a portion. They’ll explain that they require your funds to cover administrative costs or taxes.

     

    Dating and romance scammers can also be a threat to your physical safety, as they are frequently affiliated with international criminal networks. Scammers may seek to lure victims overseas, placing them in potentially perilous situations with terrible effects.

     

    Regardless of the method used to defraud you, you could end up losing a significant amount of money. Each year, billions of people are duped globally by online dating and romance frauds. Money sent to scammers is nearly always unrecoverable, and you may also experience long-lasting emotional betrayal at the hands of someone you believed loved you.

     

    How To Avoid Online Dating Scams

    You should be able to avoid online dating scams and maintain greater general online safety once you know how to recognize if someone is scamming you online. When using dating services and social media to meet individuals, take the following precautions:

     

    • Check and double-check everything. Conduct an online search to verify the person’s identity, including their name, photo, location, email address, and other facts.

     

    • Slow down and seek advice from someone you can trust. Tell a friend or family member about your issue, and talk with them about your future steps. A romance scammer may try to isolate you from your friends and family, or force you to make hasty decisions on your own. Don’t be rushed into making a decision by a fraudster.

     

    • Please do not transfer any money. Never give money to an internet love interest through wire transfer, gift card, or cash reload card. You’re not going to get it back.

     

    • Report any money you’ve previously sent. If you suspect you’ve sent money to a scammer, contact your bank straight away.

     

    Penalties For Dating or Romance Scams in Nigeria

    Engaging in an online romance scam might result in criminal charges being brought against you in court. This is especially when the scam takes place across international borders. Internet fraud, identity theft, and bank fraud, among other crimes, are all prohibited under federal law. A charge of wire fraud or mail fraud for exploiting the wire service or the postal service in a wire transfer scam or any form of online romance scam can result in a lengthy prison sentence.

     

    Do I Need a Lawyer If I am a Victim of a Romance Scam in Nigeria?

    Even if you are successful in prosecuting a scammer, it is unlikely that you will be able to recover any of the money you have lost. Unfortunately, more often than not, there is no one to answer to or hold accountable following a romantic fraud. Along with a wounded heart, you’ll be left with mountains of debt and the hope that the person with whom you fell in love is genuine.

     

    Romance scams are the most often reported type of scam. These kinds of scams can happen to anyone. Consultation with a compassionate bankruptcy lawyer will assist you in resetting this unfathomable scenario.

     

    Olisa Agbakoba Legal (OAL) is a Nigerian law firm that specializes in bankruptcies. Contact us today to schedule a complimentary consultation with an experienced, sympathetic bankruptcy attorney.

     

    Do I Need a Lawyer If I am Accused of a Romance Scam in Nigeria?

    Romance fraud is a serious offense, even if you believe the victim profited from the scam by getting your time and energy. However, you may still face prison time and monetary penalties as a result of your criminal acts. You may even face charges of identity theft if your strategy involves catfishing and the use of another’s identities.

     

    Olisa Agbakoba Legal (OAL) has extensive experience defending clients who have been accused of participating in any type of online dating scam. We provide guidance throughout your case to facilitate the development of a strategic plan for responding to the charges, which may involve fighting conviction, negotiating a plea agreement, or pursuing dismissal of the charges.

     

    Contact a criminal lawyer at OAL to learn more about the charge and viable defenses associated with dating or romance scams in Nigeria.

     

     


    Written By:

    Josephine Uba

    Lead Digital Strategist, OAL

  • The Most Current COVID-19 (Coronavirus) Scams & Cyber Threats in Nigeria

    The Most Current COVID-19 (Coronavirus) Scams & Cyber Threats in Nigeria

    The pandemic of the coronavirus (COVID-19) has impacted the delivery of legal services in Nigeria. For cyber-criminals and fraudsters, these shifts have created an opportunity as they increasingly take advantage of the spread of the virus to engage in criminal activities.

     

    Since the emergence of COVID-19, global reports have identified over 31,000 scams relating to coronavirus and resulting in over $30 million in claimed losses. Fraudsters are also preying on the government’s announcement of measures to support people and businesses affected by the coronavirus. Scammers may, for example, text, email, or call taxpayers, claiming to be offering financial assistance or tax refunds, or demanding payment of fictitious tax.

     

    Individuals, businesses, the government, and law enforcement all play an important role in helping to protect against COVID-19 scams in Nigeria.

     

     

    The Following are the Current Coronavirus Scams Raising Legal Concerns in Nigeria:

    1. Cybersecurity Threats for Businesses

    Scammers pose as real and well-known organizations such as banks, travel agencies, insurance providers, and telecommunications companies, and use various excuses around COVID-19 to:

    • Ask for individuals’ personal and financial information
    • Trick them into opening malicious links or attachments
    • Gain remote access to their computer
    • Demand payment for a spurious service or something they did not purchase.
    • Divert individuals’ regular account payments to different bank accounts

     

    2. COVID-19 Related Consumer Scams 

    • Scams involving online purchases of protective face masks, hand sanitizer, and other products that are never delivered
    • sales of false virus testing kits or fake medications
    • People who are vulnerable or increasingly isolated at home are targeted by leaving cards through their doors posing as representatives of organizations such as the Red Cross and offering services in exchange for payment.
    • Coronavirus-themed phishing emails that attempt to trick recipients into opening malicious attachments on emails that can give fraudsters access to sensitive personal information such as passwords, email logins, and banking information.
    • Fraudsters are sending investment and trading advice to readers in an attempt to persuade them to profit from the coronavirus’s economic impact.
    • Scammers target people on benefits by offering to ‘assist’ them in applying for interest-free government loans. Once the scammers have the victim’s personal information, they use it to apply for an advance loan, which the scammers take, causing the victim’s normal benefit payments to cease and leaving them with large loans to repay.

     

    3. Financial Cyber Threats

    • Companies making fraudulent stimulus funding applications
    • Former employees and company directors applying for loans
    • Fraudsters using social media to target individuals with poor credit history to obtain their bank details to use as mule accounts for stimulus funding applications

     

    4. Impersonation of Government Services

    • Fraudsters applying for government stimulus funding in the names of legitimate businesses – the legitimate businesses only finding out when they try to apply for stimulus funding.
    • Scammers pose as government agencies and send consumers information about COVID-19 via text messages and emails, phishing for consumers’ personal information. These have malicious links and attachments that are designed to steal consumers’ personal and financial information.
    • Scammers are also posing as government agencies and other entities, offering to assist individuals with financial assistance applications or payments for staying at home.

     

    5. Online Shopping Scams

    • Scammers have set up fictitious online stores claiming to sell products that don’t exist, such as COVID-19 cures or vaccinations, and face masks.. 

     

    6. COVID-19 Vaccination Scams

    Several warnings have been issued about a new phishing text message scam in which people are told they are ‘eligible’ for the COVID-19 vaccination. In addition, these are some other examples of Scams related to COVID 19 Vaccination:

    • Text messages or emails offering to send vaccines in exchange for payment for vaccines or early access to vaccines
    • A text, email or phone call offering to pay money as a return on investment in the vaccine
    • Fake vaccine-related surveys with prizes or early access are on the rise.
    • A text or email asking people to click on a link or to provide information such as their name, credit card or bank account information

     

     

    Emerging & Anticipated Issues: The Growing Coronavirus Scams

    • Dating and romance fraud is now becoming a priority, and a new commission should go after the perpetrators.
    • Impersonation scams, in which fraudsters impersonate the police, a government department, a bank, or another trusted organization, have been on the rise and are expected to continue.
    • Individuals and businesses continue to receive an increasing number of suspicious emails.

     

     

    Precautions to Keep Yourself Safe From COVID-19 (Coronavirus) Scams:

    • Do not open attachments or click on links in emails or texts from unknown sources.
    • Never give out personal information, banking information, or passwords in response to an email, text message, or phone call without first verifying that the caller is who they claim to be.
    • Do not rush into purchasing anything; research any goods you may wish to buy and keep an eye out for emails or messages from government agencies, as well as requests for money made over the internet.
    • Any numbers you suspect should be blocked.
    • When logging into an account, always go to the website directly by typing in the address – do not click on links.
    • Examine messages and emails for spelling errors.
    • Consider using an antivirus program to protect against malware, which can be installed on a computer without the user’s knowledge via a link or download.
    • Never give money, bank account information, or credit cards to someone you don’t know who offers to assist you. Most offers of aid should be free of charge.

     

     

    What to Do If You’ve Been Scammed

    Scams are evolving, and many people are falling prey to them. It’s actually distressing, and difficult to believe or imagine that someone would profit from the current pandemic.

     

    These are the things you should do when you think you’ve fallen victim to a scam:

    • If you’ve already responded to a scam, stop communicating with the scammer right away.
    • Any recurring payments should be cancelled by calling your bank directly.
    • If you’ve been targeted, change your passwords and install anti-virus software.
    • Report it: Make sure you report any scams you’ve been the victim of. You might not always be able to get your money back, but you might be able to prevent it from happening to you or someone else in the future.

     

     

    Recovering Your Money after Being Scammed

    You might be able to get your money back, but this is highly dependent on the type of scam, and whether or not you receive a refund is determined by what happened. You may need to speak with a lawyer to determine how likely it is that you will be able to recover your funds, which may include contacting your bank for assistance. A lawyer will also assist you in properly reporting your case to the appropriate authority and possibly taking the most appropriate legal actions to recover your funds.

     

    We have skilled and experienced cyber lawyers at Olisa Agbakoba Legal (OAL) who can provide legal support and advice in cases involving COVID-19 money recovery, cybercrime and cyber security. Our Cyber lawyers handle cybercrime cases that involve individuals, organizations, or the government, as well as cases involving e-commerce, e-contracts and digital signatures, intellectual property rights, cybersecurity, and other topics. They collaborate with stakeholders to protect against today’s COVID-19 threats and to develop more secure and resilient infrastructure for the future.

     

    Please do not hesitate to contact Our Lawyers if you have any questions about COVID-19 frauds or cyber crimes in Nigeria.

     

     


     

    Written By:

    Josephine Uba

    Lead Digital Strategist, OAL.

  • Ransomware-as-a-Service (RaaS): A Threatening Business Model Behind the Global Ransomware Outbreak

    Ransomware-as-a-Service (RaaS): A Threatening Business Model Behind the Global Ransomware Outbreak

    Ransomware is a serious threat to businesses, and it is getting worse. While individuals were struggling to deal with ransomware attacks, fraudsters went one step further and started offering ransomware-as-a-service (RaaS). Via this business model, Cybercriminals offer a malicious kit that may be used to conduct ransomware attack services at little or no price.

     

    Ransomware attacks surged by 25% between Q4 2019 and Q1 2020, according to a report by the Beazley Group. The average ransom payment in terms of money has also risen dramatically. Further, according to a Coveware analysis from April 2020, the average ransom payment in the first quarter of 2020 was $111,605, increasing more than 33% from the previous quarter. Ransomware attacks increased  by 40% to 199.7 million incidents in the third quarter of 2020.

     

    Ransomware attacks on international meat producers, oil pipelines, and global technological companies, as well as regional victims increased dramatically in 2021.  According to Sophos research, the average ransom situation costs ten times more than the ransom paid. Importantly, only one out of every ten organizations that paid ransom received all of their data back. 

     

    The significant transition from a linear attack model to an insidious multi-dimensional Ransomware-as-a-Service (RaaS) model was noted as the driving factor behind the recent surge in ransomware attacks. As a result, businesses must address the growing threat of ransomware before it is too late.

     

    This post explains the threat of RaaS and how to protect your system from it. It delves into the economics behind ransomware’s continued popularity as a tool for cybercrime, as well as the current active ransomware variants that use ransomware as a service (RaaS), a shift in the ransomware business model that could result in a major increase in ransomware activity.

     

     

    What is Ransomware as a Service (RaaS) and Why is it Such a Threat?

    Ransomware is a type of malware that encrypts files and locks them up, making decryption nearly impossible without a key or exploiting encryption implementation vulnerabilities.

     

    It’s a malicious software (malware) that threatens to publish or prevent access to data or a computer system, generally by encrypting it, unless the victim pays the attacker a ransom price. The ransom demand is frequently accompanied by a deadline. The data is lost permanently if the victim does not pay on time.

     

    Ransomware as a service (RaaS) is a subscription-based model that allows affiliates to execute ransomware attacks using pre-developed ransomware tools. Each successful ransom payment earns affiliates a commission.

     

    By using the SaaS business model, Ransomware as a Service (RaaS) allows anyone, even those with no technical experience, to launch ransomware attacks simply by signing up for a service.

     

    Malicious actors who lack the skills or time to generate their own ransomware variants can use RaaS kits to get started quickly and cheaply. They’re easily obtainable on the dark web, where they’re advertised in the same way that legal products are. Because users of RaaS do not need to be knowledgeable or even experienced to use the tool effectively, RaaS solutions enable even the most inexperienced hackers to carry out very intricate cyberattacks.

     

    The model of ransomware-as-a-service (RaaS) is similar to that of software-as-a-service (SaaS). This subscription-based malicious model makes it simple for even the most inexperienced cybercriminal to conduct ransomware assaults. RaaS products are available on the market that eliminate the need to code malware. As a result, cybercriminals with limited technical knowledge on how to build ransomware frequently use it. Anyone can become an “affiliate” of an established RaaS product or service using this malicious model.

     

    Ransomware is not only cheap to purchase and download; it is also simple to disseminate, with every organization becoming a target in today’s digital world. The emergence of the RaaS distribution model is making it extremely easy for aspiring criminals to start a cyber-extortion business with little or no technical knowledge, resulting in a deluge of new ransomware variants. 

     

    Ransom payments are becoming more expensive, implying that ransomware is becoming more profitable for attackers. With the RaaS Model,  ransomware is no longer confined to the developers who build it. Developers of ransomware are now selling their product to ransomware affiliates who use it to blackmail businesses. RaaS reduces the risk for ransomware developers by removing the need for them to carry out attacks.

     

    RaaS lowers the cost of attacks for ransomware affiliates by allowing them to use prebuilt ransomware. RaaS broadens the ransomware threat environment by eliminating the necessity for affiliates to develop their own variant in order to carry out an attack and profit. RaaS can be equally profitable for ransomware developers as direct ransom payments because both developers and affiliates receive a share of the paid ransoms, and the malware affects more targets and occurs more frequently.

     

    Indeed, the rise of RaaS platforms is undoubtedly one of the key causes of the massive increase in ransomware attacks. RaaS also results in a faster payout than stealing personal or credit card information. Perhaps most crucially, due to Bitcoin’s anonymity, there is a lesser possibility of being caught. 

     

    Hundreds of thousands of systems have been hit by ransomware in the last 12 months, resulting in countless dollars being spent to retrieve lost files, expenditures to increase security measures, and negative reputational harm. 

     

    Several government authorities, including the FBI, advise against paying the ransom to avoid promoting the ransomware cycle. Furthermore, 50% of those who pay the ransom are likely to be targeted again by ransomware.

     

     

    How Does Ransomware-as-a-Service Work?

    RaaS developers build a ransomware software that has a high possibility of penetration success and a low chance of being discovered.

     

    Phishing attacks are used to infiltrate most ransomware victims. Phishing is a technique for obtaining sensitive information, such as passwords and credit card numbers, from an apparently trustworthy source.

     

    The most common type of phishing attack is a phishing email. Victims get a seemingly valid email, but by clicking on a link, they unwittingly activate a cyber threat.

     

    Affiliates of RaaS send phishing emails to their victims which are quite convincing. Victims are routed to an exploit site, where the ransomware is secretly downloaded, when they click on a link.

     

    Covid-19 phishing emails have been filling inboxes since the outbreak began. These emails appear to be highly convincing, especially to a terrified victim with shaky concerns.

     

    This is how the RaaS process works:

    1. A ransomware developer writes unique exploit code, which is then licensed to a ransomware affiliate in exchange for a fee or a share of the attack’s proceeds.
    2. The affiliate inserts the custom exploit code to the hosting site.
    3. The affiliate identifies and targets an infection vector, then distributes the attack code to the victim (e.g., via malicious email or link).
    4. The victim goes to the website or clicks on the link.
    5. The ransomware is downloaded to the victim’s Computer and executed.
    6. The ransomware encrypts the victim’s files, locates more targets on the network, adjusts system parameters to ensure persistence, disrupts or destroys data backups, and hides its tracks.
    7. The victim is issued a ransom note and told to pay the ransom in untraceable funds, usually cryptocurrency.
    8. The money will be moved via various transformations by a money launderer in order to conceal the identities of the ransomware affiliate and developer.
    9. Once a ransom payment is paid, the ransomware affiliate may send a decryptor to the victim. The affiliate may put additional demands on the victim, or they could do nothing and leave the victim with encrypted files.

     

     

    The Most Infamous Ransomware  Threats

    These are some of the most well-known ransomware-as-a-service:

    • Satan
    • Netwalker
    • Cerber
    • Egregor
    • Hostman
    • WannaCry
    • Philadelphia
    • MacRansom
    • Atom
    • FLUX
    • Tox
    • REvil
    • Ryuk
    • Encryptor
    • Fakben
    • ORX Locker
    • Alpha Locker
    • Hidden Tear
    • Janus
    • Ransom3

     

    Ransomware-as-a-Service (RaaS) is on the Rise

    Ransomware is becoming a huge concern around the world, with 54 percent of organizations surveyed being struck in 2017 and another 31% expected to be hit in the future. Ransomware attacks have risen in popularity in recent years. 

     

    In fact, according to SonicWall (a provider of network security and data protection products and services), the number of ransomware attacks increased by 167 times in a single year, from 3.8 million in 2015 to 638 million in 2016. 

     

    According to some statistics, nearly half of organizations were hit by a cyber-ransomware attack in 2016. Meanwhile, average ransomware demand has more than tripled, from $294 in 2015 to $1,077 in 2016. Simultaneously, the number of new ransomware families increased by 752 %, costing businesses $1 billion worldwide.

     

    According to a January 2020 Coveware analysis, the average ransom payment jumped by 104 % from Q3 2019 to Q4 2019, rising from $41,198 to $84,116. Furthermore, according to a Coveware report from April 2020, the average ransom payment in Q1 2020 was $111,605, up more than 33% from Q4 2019.

     

    Ransomware attacks rose by 40% to 199.7 million incidents in Q3 2020. Attacks in the United States have climbed by 139 % year over year, with 145.2 million cases reported in Q3 2020.

     

    The abrupt transition from a linear attack strategy to an insidious multi-dimensional Ransomware as a Service model was the catalyst for the recent surge in ransomware attacks.

     

    There are a variety of reasons why ransomware has become so ubiquitous. The first is that the businesses are unconcerned about the threats. There are various cautions about potential threats, as well as a substantial amount of advice on how to defend yourself from them. Users and businesses, on the other hand, do not protect their systems and servers as they should, and as a result, they become infected.

     

    The second reason is more complicated: security researchers must devote a significant amount of effort to solving the problem and decrypting the data that has been affected. And it’s far easier for many businesses to pay the ransom and get back to business than it is to wait.

     

    How to Defend Yourself Against Ransomware

    The most effective ransomware attack mitigation method combines staff education, defensive implementation, and constant vulnerability monitoring in your ecosystem.

    1. EDUCATE STAFF AND END-USER

    Staff should be educated on how to recognize phishing attacks. Also Provide extensive social engineering training to your staff and end customers.

     

    1. USE A SECURITY SUITE THAT YOU CAN RELY ON.

    You should install a reliable anti-malware software on your PC to defend it from this malicious threat. These intelligent tools employ powerful algorithms to detect and, in some situations, eliminate ransomware threats. Furthermore, they operate automatically in the background to protect against malware attacks 24/7.

     

    1. MAKE A BACKUP COPY OF YOUR DATA.

    Any ransomware attack is designed to target users’ sensitive and important data. As a result, it is critical to retain a backup of your critical data on hand in case it is required. For added security, you can back up your data on external disks or cloud servers. If you follow this simple step, you will be able to recover your data in the event of an attack.

     

    1. KEEP THE SOFTWARE ON THE SYSTEM UP TO DATE.

    In general, cybercriminals hunt for known flaws in the software that runs your system. Keeping system software up to date will thus provide you with improved security against all existing and emerging cyber threats. Bug fixes, security patches, and other beneficial features are included with each software update. In addition to installing system software updates, you should maintain all apps on your device up to date for improved security.

     

    1. AVOID UNSURE LINKS AND ATTACHMENTS.

    As previously stated, cybercriminals prefer to attack people through phishing emails and exploit kits. As a result, avoiding suspicious and unknown links and attachments will save you from danger. You can use your antimalware program to scan the attachment before opening it if necessary.

     

    How Can a Cyber Security Lawyer Help in Response to a Ransomware Attack?

    Ransomware is largely regarded as a legal and reputational issue, with substantial legal repercussions for institutions who do not seek legal advice early.

     

    All data exfiltration victims are encouraged to take the necessary, but difficult, steps. Obtaining the advice of qualified security lawyers, conducting an investigation into what data was obtained, and issuing the necessary notifications as a result of the investigation and counsel are all among them.

     

    Paying a threat actor does not relieve the victim of any of the aforementioned obligations, and given the recent outcomes, paying a threat actor not to disclose stolen data is almost useless. Other factors to consider include brand damage and long-term liability, and all of these factors should be considered before a strategy is decided.

     

    We have skilled and experienced cyber lawyers at Olisa Agbakoba Legal (OAL) who can provide legal support and advice in cases involving cybercrime and cyber security. Our Cyber lawyers handle cybercrime cases that involve individuals, organizations, or the government, as well as cases involving e-commerce, e-contracts and digital signatures, intellectual property rights, cybersecurity, and other topics. They collaborate with stakeholders to protect against today’s threats and to develop more secure and resilient infrastructure for the future.

     

    Our Cyber Security Lawyers among other things, negotiate complex technology agreements, provide daily operational support to the agency’s hunt, incident response, and vulnerability management divisions, advocate for the agency’s positions in litigation, draft and negotiate legislation, and respond to audits and investigations.

     

    Please do not hesitate to contact OAL’s Cyber Lawyers if you have any questions about internet technologies or cyber crimes in Nigeria.

     

     


     

    Written By:

    Josephine Uba

    Lead Digital Strategist, Olisa Agbakoba Legal (OAL)

  • Dark Web Crimes: Addressing the Cyber Threats and Crimes Associated With the “Dark Web”

    Dark Web Crimes: Addressing the Cyber Threats and Crimes Associated With the “Dark Web”

    The “dark web” is a hidden internet world where good and evil coexist. On the bright side, the dark web enables anonymous, highly secure communication routes to protect reform agents such as human rights activists and journalists who are targeted by oppressive foreign regimes.

     

    On the negative side, the dark web has become a major center of criminal activity, a fully working marketplace where anonymous buyers may buy from anonymous sellers with reasonable confidence, often with customer ratings available, just as they can on the public web.

     

    The Federal Bureau of Investigation (FBI) arrested Ross Ulbricht in 2013 for running Silk Road, an online marketplace for illegal substances. The site was uncovered on the so-called Dark Web, where Ulbricht (under the alias “Dread Pirate Roberts”) remained anonymous and so protected from law enforcement, albeit for a short time. Silk Road couldn’t be accessed with just any desktop browser, and customers were unable to use credit cards to buy heroin, methamphetamine, or other drugs.

     

    However, as soon as “Silk Road” was shut down, others stepped into play. The Dark Web works in the shadows of the internet, veiled in encryption and accessible only through particular encrypted browsers, as its name suggests. 

     

    The obscurity of unlawful conduct on the dark web conceals an industry that authorities are increasingly concerned about. The criminal side of the dark web hides its trade in a variety of contraband, including opioids and other drugs, bomb parts, small and large weapons, child pornography, social security numbers, body parts, and even criminal acts for hire, using anonymizing technology and bitcoin.

     

    The anonymity of the dark web not only fosters illicit actions, but it also keeps many law enforcement agencies in the dark about its presence, even when online transactional crimes affect their regions.

     

    An NIJ-supported gathering of experts identified law enforcement’s primary dark web challenges and opportunities, as well as high-priority needs for addressing them, in order to improve the awareness of the dark web among law enforcement agencies and identify tools that can assist them police it. The workshop experts identified a fundamental concern for law enforcement as: a lack of understanding of how the dark web works and how criminals have begun to exploit it.

     

    In recent years, various technologies for monitoring content on the visible Web have been developed, but there are essentially no corresponding tools for the dark Web. It is critical to provide evidence that the dark Web has become a key platform for global terrorism and criminal activity in order to develop the required technologies for monitoring all parts of the Internet.

     

    Via this post, we’ll go over what the Dark Web is and how it works, how it varies from the Deep Web, what kinds of crimes it houses, and what actions need to be taken against these Dark Web crimes.

     

    Understanding The Internet, The World Wide Web and The Deep Web

    Although many individuals confuse the phrases Internet and World Wide Web, they are not interchangeable. The Web and the Internet are two distinct but connected concepts.

     

    The Internet is a huge collection of networks that serves as a networking infrastructure. It joins millions of computers around the world to build a network in which any computer can communicate with any other computer as long as they are both linked to the Internet.

     

    The World Wide Web, or simply the Web, on the other hand, is a way of gaining access to information over the Internet. It’s an Internet-based information-sharing system. To send data, the Web uses the Hypertext Transfer Protocol (HTTP), which is merely one of the Internet’s languages. The web is the publicly visible part of the internet that most of us use every day, and it is accessible via search engines such as Google or Bing.

     

    Email, which uses Simple Mail Transfer Protocol, Usenet newsgroups, instant messaging, and File Transfer Protocol, is also done through the Internet, not on the Web. As a result, the Web is only a small part of the larger Internet.

     

    Finally, the deep Web can be defined as a part of the internet that is normally hidden from public view. It refers to World Wide Web content that does not appear on the surface of the Web. Normal search engines cannot access it. It can’t be found using standard search engines but via other, less well-known ways.

     

    The majority of the ‘Deep Web’ consists of databases that may be accessed safely via the ‘Open Web.’ Databases related with hotel reservations, online purchases, medical records, banking, and other activities, for example. These content are password-protected and can only be accessed by authorized individuals.

     

    The Dark Web

    The dark Web is a subset of the deep Web that has been purposefully concealed and is unreachable via standard Web browsers. Dark Web sites serve as a platform for Internet users that value anonymity, as they not only protect against unauthorized users, but also typically contain encryption to avoid monitoring.

     

    Most individuals access the internet using a computer or device with an IP (Internet Protocol) address – a unique online identity.

     

    An IP address allows networks to transmit the right information to the appropriate location, such as ensuring that an email is sent to its intended recipient. Using an IP address, an individual’s online activities can be tracked and monitored.

     

    The ‘Dark Web’ employs sophisticated technologies that hide a user’s genuine IP address, making it extremely difficult to determine which websites a device has visited.

     

    The Tor network is a relatively well-known source for content on the dark Web. Tor is an anonymous network that can only be accessed with a specific Web browser known as the Tor browser.

     

    Tor as a means for communicating online anonymously was first introduced in 2002 by the US Naval Research Laboratory as The Onion Routing (Tor) project. I2P, another network, has many of the same capabilities as Tor. I2P, on the other hand, was designed to be a network within the Internet, with traffic staying within its limits. Tor enables more anonymous access to the open Internet, whereas I2P provides a more powerful and reliable “network within a network.”

     

    How the “Dark Web” Came Into Play – The TOR Network’s Evolution

    The Internet was not developed with elements like privacy and anonymity in mind by default. As a result, everything can be tracked or traced. However, some people are particularly concerned about their privacy, and the US Federal Government was one such group in the mid-1990s.

     

    A team of computer scientists and mathematicians working for the Naval Research Laboratory (NRL), a branch of the US Navy, began developing a novel technique known as Onion Routing. It enables anonymous bidirectional communication in which the source and destination are not known to a third party. Overlay Network is used to do this. An overlay network is  a network that is built on top of another network  (i.e the internet).

     

    A darknet is a network that uses the onion routing technique. The dark web was created by combining all of these different darknets. People at NRL quickly understood that in order for the network to be genuinely anonymous, it needed to be accessible to everyone, not only the US government. As a result, the NRL was forced to expose their Onion routing system under an Open Source License to the public, and it became The Onion Router (TOR).

     

    How the “Dark Web” Works

    Every day, our online activities create digital footprints in the form of personal data. Our digital identity and representation — is made up of this whole information.

     

    When IP addresses can’t be traced, anonymity on the internet is assured. Tor client software hides user identification and eliminates monitoring by routing Internet traffic through a global volunteer network of computers. As a result, the dark Web is ideal for cybercriminals who are always attempting to hide their identities.

     

    Governments use the dark Web to exchange documents in secret, journalists use it to escape censorship in numerous countries, and dissidents use it to avoid authoritarian regimes’ control. In contemporary political and social discussions, anonymous communications play a significant role. Because of concerns of political or economic retaliation, many people want to keep their identities hidden.

     

    Anonymous communication across a computer network is achieved using onion routing. Messages are encrypted multiple times before being routed through onion routers, which are multiple network nodes. Each onion router scrapes away a layer of encryption to reveal routing instructions, then delivers the message to the next router to repeat the process. This method keeps intermediate nodes in the dark about the message’s origin, destination, and content.

     

    Crimes Associated With the “Dark Web”

    The Dark Web is the center of criminal attacks because it provides anonymity and serves as a doorway into the criminal world. The following are some of the most well-known crimes committed on the Dark Web:

     

    • Drug Trafficking

    The dark web is an unlawful marketplace for the sale of illegal and dangerous substances in exchange for crypto currency. Bitcoin, Ethereum, and Ripple are just a few examples.

     

    Silk Road was also a well-known marketplace for unlicensed medications and illegal drugs. The FBI took down this website in 2013. Agora is a website that was shut down as well. There are a number of such websites that operate on the Dark Web for the sale and distribution of illegal drugs. Visually pleasing, these sites resemble any other shopping website, with a brief description of the items and a photograph to accompany them.

     

    • Human Trafficking

    Human trafficking takes place at Black Death, a dark web site. The British model Chloe Ayling is one of the victims of human trafficking on the Dark Web. According to a 2017 survey, the majority of human trafficking survivors were recruited for sex and labor trafficking.

     

    Other reports have demonstrated that the Dark Web has aided in the concealment of this crime. Black Death is a dark web organization that operates by often changing URLs.

     

    • Information Leaks and Theft

    Many anonymity-supporting platforms, such as TOR, are helpful resources for whistleblowers, activists, and law enforcement. So, it is reasonable to believe that specialized sites make it easier for individuals to exchange physical and private information, such as passwords and access to passwords for the surface Web, paid pornography sites, and PayPal credentials. 

     

    Hackers use the Dark Web to spread sensitive information. On the dark web, a hacker gang once exposed the credit card accounts and login information for around 32 million Ashley Madison customers as a 9.7GB data dump. Employees are even paid by dark web hubs to expose corporate information.

     

    • Murder and Contract Killers

    The Assassination Market website is a prediction market where a party can gamble on a person’s death date and receive a payout if the date is “guessed” correctly. This encourages assassination since the assassin, knowing when the event will take place, can benefit by placing a precise bet on the time the subject will die. It is much more difficult to assign criminal guilt for the assassination because the payment is for knowing the date rather than doing the assassination itself.

     

     On the dark web, there are even websites where you may hire professional assassins. Once, a hacker known as ‘bRpsd’ gained access to BesaMafia’s website and leaked its information online. User accounts, personal conversations, eight hit-orders, and a folder containing nearly 200 victim photos were all exposed. 

     

    • Child Pornography

    According to a report, child pornography drives the most traffic to TOR’s hidden sites. It is difficult for the common user to locate such sites. It is a form of child exploitation that involves the sexual stimulation of children as well as the abuse of children during sexual acts. It also includes kid pornographic sexual photos.

     

    Lolita City, a site that had over 15,000 members and stored over 100GB of child pornography photographs and videos, has officially been taken down.

    The FBI shut down PLAYPEN in 2015, which had over 200,000 members and might have been the largest child pornography site on the dark web.

     

    • Terrorism

    Terrorists and the dark Web appear to be made for one other; the latter requires an anonymous network that is both accessible and inaccessible. Terrorists would struggle to maintain a presence on the surface Web because their sites might be easily shut down and, more crucially, traced back to the original poster.

     

    While the dark Web may not have the same broad appeal as the surface Web, the hidden ecology is ideal for propaganda, recruitment, finance, and planning, which is in line with our first perception of the dark Web as an unregulated cyberspace.

     

    • Exploit Markets

    Exploits are malware that takes advantage of software defects before they are fixed. Zero-day exploits target zero-day vulnerabilities, which are those for which the vendor has yet to release an official patch. The term “zero-day” refers to the fact that the programmer had no time to fix the vulnerability.

     

    Exploit markets are marketplaces for buying and selling zero-day exploits, and the price of an exploit is determined by the popularity of the target software as well as the difficulty of cracking it.

     

    • Proxying and Onion-Cloning

    Users of Tor-like platforms are vulnerable to attack because of their anonymity. The normal ‘HTTPS’ in the URL of such a site which indicates that it is secure does not appear. They must bookmark the TOR page to ensure they are on the legitimate site.

     

    When a fraudster uses website proxying, the user is tricked into believing he is on the original page, and the scammer then re-edits the link to send the user to his scam URL. When a user pays in crypto-currency, the money is transferred to the scammer instead.

     

    Onion Cloning is comparable to proxying. In order to steal money from the user, the scammer builds a replica of the original site or page and modifies the links so that the user is referred to their scammed site.

     

    • Illegal Financial Transactions

    Theft and sale of a user’s credit card credentials and personal information are referred to as carding frauds. On the Dark Web, it is the most popular sort of criminal activity. 

     

    Credit and debit cards are sold on darknet markets. Multiple URLs redirect the user to the same page on these sites. Vendors from other forums submit advertisements describing what they have.   Vendors sell cards at a lesser cost. 

     

    Carding frauds are also possible on some money transfer services. This service is available through a website called Atlantic Carding, and the more you spend, the more you get. Business credit card accounts and even infinite credit card accounts linked to ultra-high-net-worth individuals are up for grabs. The user’s personal information, such as name, address, and so on, are available at a price.

     

    • Arms Trafficking

    It serves as a conduit for illegal arms trafficking. According to a RAND Corporation study, the dark web is expanding the availability of firearms at similar prices to those seen on black market streets. Europe is also discovered to be the main supply of firearms. The Dark Web has become a forum for criminal groups and terrorists, with Germany coming in third with 5.31 percent.

     

    Euroarms is a website that sells a variety of firearms that may be delivered to your door in any European country. The ammunition for these weapons is sold separately, and that website should be discovered on the dark Web. 

     

    The Dark Web and Malware

    The dark web market is a place where illegal materials can be bought and sold. It  is a home for a variety of malicious software and services and  malware is a critical component of many cyber-attacks occurring through the Dark web. 

     

    Cryptominers deploy a variety of malwares to carry out their unlawful cyber activities and these are some of the most common malwares:

     

    •  Data Stealing Trojans

    They can also collect passwords from the clipboard, intercept keystrokes, bypass or disable antivirus software, and transfer files to the attacker’s email address. 

     

    • Ransomware

    Ransomware encrypts your computer or files and demands a ransom payment before they may be decrypted.  Ransomware is a type of malicious assault that takes control of a user’s system and prevents that user from accessing it. There are various methods through which ransomware criminals select the organizations they attack. Some businesses are attractive targets because they appear to be more willing to pay a ransom quickly. 

     

    Medical facilities and government entities, for example, frequently require fast access to their files. Law firms and other sensitive data organizations may be ready to pay to keep news of a hack hidden, and these organizations may be particularly vulnerable to leakware attacks.

     

    • Remote Access Trojans (RATs)

    Remote Access Trojans allow an attacker to monitor user activity, take screenshots, run files and commands, activate the webcam and microphone, and download files from the internet. DarkComet, CyberGate, ProRAT, Turkojan, Back Orifice, Cerberus Rat, and Spy-Net are examples of popular RATs. 

     

    • Botnet Malware

      It’s a multipurpose malware that demonstrates how fraudsters are broadening their attack methods. The ransomware, keylogger, and botnet capabilities are all included in the virus. Botnet Ransomware is an example of Virobot. When Virobot infects a computer, it joins a spam botnet that spreads the malware to new people. The ransomware uses RSA encryption to encrypt the data on the targeted system. Meanwhile, the botnet’s keylogger captures logged data from victims and sends it to the C2 server. Virobot’s botnet function leverages Microsoft Outlook on an infected machine to send spam emails to everyone on the user’s contact list. 

     

    • ATM Malware

    These Trojans are used to steal money from ATM machines. ATM hacking is profitable due to the fact that a single ATM might contain up to $100,000 in cash. ATM malware is the most expensive of all malwares and a single piece of malware can be used to attack multiple ATMs. Exploits look for flaws in a system or software and take advantage of them. The exploits available on the dark web are designed to work on a variety of platforms. Due to the large market size, Windows-based exploits are the most popular. 

     

    Efforts Towards Addressing the Challenges Posed By the Dark Web

    To address the challenges posed by the dark web, the RAND Corporation and the Police Executive Research Forum (PERF) convened a workshop on behalf of the National Institute of Justice (NIJ) to bring together a diverse group of practitioners and researchers who would identify the highest-priority problems and potential solutions related to dark web evidence.

     

    The workshop experts identified a core issue for the law enforcement which is: a lack of understanding of how the dark web works and how criminals have begun to exploit it. As a result, the emphasis was on building a practical research and development plan to improve law enforcement’s ability to understand and investigate unlawful activities on the dark web.

     

    It was found that law enforcement authorities recognized the following as priority needs for detecting illegal behavior on the dark web:

    • Raising public awareness of the dark web among state and municipal governments.
    • Creating cross-jurisdictional collaborations among agencies.
    • Implementing more and advanced training to better equip officers to discover dark web evidence and activities.
    • Providing extensive knowledge of dark web methods and operations to special investigation units. Because of the dark web’s anonymity, many state and local law enforcement agencies are generally ignorant of its presence and capacity to instigate crime in their jurisdictions.

     

    Monitoring the Dark Web 

    The dark Web in general, and the Tor network in particular, provide a secure platform for cybercriminals to support a wide range of illegal activities, from anonymous marketplaces to secure means of communication to an untraceable and difficult-to-shutdown infrastructure for deploying malware and botnets.

     

    As a result, it has become increasingly vital for security agencies to track and monitor activities on the dark Web, which is currently focused on Tor networks but may expand to other technologies in the near future.

     

    Customers’ Web data could be analyzed by security agencies to detect  connections to non-standard sites. Depending on the customer’s level of Web activity, this may not aid in tracking down links to the dark Web, but it may reveal insights about activities hosted with rogue top-level domains. This can be accomplished without invading the user’s privacy because only the destinations of Web requests need to be monitored, not who is connecting to them.

     

    Pastebin and other similar sites are frequently used to distribute contact information and addresses for new hidden services. These sites would have to be constantly monitored in order to detect message exchanges containing new dark Web domains.

     

    Most hidden services are highly volatile and frequently go offline, only to reappear later under a new domain name. It is critical to capture a picture of each new site as soon as it is discovered, for further study or monitoring its online activities. 

     

    Once the data for a hidden service (any of the websites on the dark Web) has been collected, creating a semantic database including crucial information about the hidden site can assist in tracking future illegal activity on the site and associating them with malicious actors.

     

    Finally, it would be beneficial to concentrate on profiling transactions on dark Web marketplaces in order to collect information on vendors, users, and the types of commodities transacted.

     

    In Conclusion

    The dark web is a part of the Internet where people go to accomplish things in secret and leave no trace. It has become a center for illegal activities such as child pornography, arms trafficking, drug trafficking, and onion cloning, among others. The anonymity provided by this platform is the driving force behind these activities.

     

    Other trends are beginning to emerge as a result of recent discoveries regarding widespread Internet surveillance by nation-states and recent arrests of cybercriminals operating dark Web sites. It wouldn’t be shocking if the criminal underworld became more divided into various dark nets or private networks, making investigators’ jobs even more difficult.

     

    The dark Web has the capability to host an escalating number of malicious services and activities, and new major marketplaces will inevitably arise. To cope with future occurrences as promptly as possible, security professionals and law enforcement agencies must remain watchful to develop new approaches for detecting emerging malicious activities.

     

    Do You Have Any Questions about Dark Web Crimes?

    Whether you were unjustly trapped in a Dark Web criminal investigation, had your privacy violated, or simply want a good defense to your charges, you have the entitled to legal assistance. A lawyer with experience in such cases would understand the complexities of both the law and the technology involved.

     

    At Olisa Agbakoba Legal (OAL), we have skilled and experienced cyber lawyers who can provide legal support and advisory services relating to cybercrime, particularly Dark-web related crimes.

     

    Our Cyber lawyers handle cybercrime cases that involve individuals, organizations, or the government, as well as cases involving e-commerce, e-contracts and digital signatures, intellectual property rights, cybersecurity, and other topics.

     

    Please do not hesitate to contact OAL’s Cyber Lawyers if you have any questions about internet technologies or cyber crimes in Nigeria.

     

     


    Written By:

    Josephine Uba

    Lead Digital Strategist, Olisa Agbakoba Legal (OAL)