Octopus Cybercrime Community

The Cybercrime Act 2021 was approved by Parliament in August 2021. Both the Attorney General Office of the Australian Government and the Council of Europe have provided technical advice and support for the cybercrime law. Up to August 2021, various computer misuse” offences were regulated by the Act to provide for and regulate telecommunications systems and services and related matters, cited as “Communications Act 2012”. The said provisions were repealed through the Cybercrime Act 2021.

The Cybercrime Act 2021 was developed to align with the Budapest Convention on Cybercrime with Kiribati’s intent to join the convention in the future. The Bill was drafted with the support of the Attorney General Office Australian Government and the Council of Europe.

Cybercrime Act 2021

• Part III – Offences and penalties (articles 720)

Cybercrime Act 2021

• Part IV – Procedural Law (articles 2330)

The only privacy protection provided by Kiribati law is Article of 3 the Constitution (amended in 2018), which protects privacy of the home and other property.

Cybercrime Act 2021 covers through article 30 “Condition and safeguards for protection of rights” the execution of powers and procedural safeguards for a child.

Mutual Assistance in Criminal Matters Act, 2003 (No. 6 of 2003) The Mutual Assistance in Criminal Matters Act 2003 implements, for Kiribati, part of an agreement made between the law officers of the Pacific Islands nations at Honiara in 1992. Its objects, as set out in clause 3, include:

• regulating the provision of assistance between Kiribati and foreign countries in connection with taking evidence, issuing search warrants, and making and enforcing orders under a foreign law relating to the forfeiture of proceeds of crime;
• making arrangements for persons to travel from or to Kiribati to give evidence in a criminal proceeding, or to assist in a criminal investigation.

Copyright Act 2018

Measures to Combat Terrorism and Transnational Organised Crime Act 2005 relevant in defining the term “property” as (b) legal documents or instruments in any form including electronic or digital, evidencing title to, or interest in, such assets, including but not limited to bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit;

International cooperation

The legal framework on international cooperation is regulated by the following Acts:

• Mutual Assistance in Criminal Matters Act, 2003 (No. 6 of 2003)
• Cybercrime Law 2021 – according to Part V – International Cooperation, article 31 Cooperation with foreign Government – “the Government may cooperate with any foreign government, 24/7 network, foreign agency or international agency for the following purposes- a) investigations or proceedings concerning offences related to computer systems; b) computer data, including content data and traffic data; c) the collection of evidence in electronic form of an offence; d) obtaining expeditious preservation and disclosure of traffic data or content data by means of a computer system or real-time collection of traffic data associated with specified communications, or interception of content.

Kiribati is a signatory State of some international conventions:

• Convention on the Rights of the Child, since 1995 including to the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (since 2015)
• United Nations Convention against Transnational Organized Crime (since 2007)
• International Telecommunication Union (ITU) (since 2005)

Kiribati is member of regional programs and networks:

• Pacific Cyber Security Operational Network (PaCSON) - Its mission is to work together across the Pacific to cooperatively and collaboratively develop collective cyber security incident response capabilities; enhance technical skills and knowledge; share cyber security threat information; and reflect best practice in order to strengthen our cyber security defences.
• Cyber Safety Pasifika (CSP) Program - is an AFP led program and is aimed at increasing cyber safety awareness and education of vulnerable communities in the Pacific region. It is also aimed at upskilling Pacific Police officers in cybercrime investigations
• Pacific Island Law Officers Network (PILON)

Kiribati is currently a beneficiary of several initiatives or projects:

• GLACY+ (Global Action on Cybercrime Extended), implemented by Council of Europe
• Cyber Awareness Campaign, implemented by Get Safe Online
• Safe Online Remittances Cyber Awareness Campaign, implemented by Get Safe Online
• UN Cyber Diplomacy in the Pacific, implemented by Independent Diplomat
• Expanding the eSafety Women Model in the Pacific, implemented by Australia - eSafety Commissioner
• Report on Human Rights in the Digital Age and Civic Engagement in the Pacific, implemented by the United Kingdom and Global Partners Digital (GPD)
• e-Governance in the Pacific: Mapping a Way Forward, implemented by Australian Strategic Policy Institute (ASPI) and e-Governance Academy (eGA)
• CMM Review Kiribati, implemented by Oceania Cyber Security Centre (OCSC)
• Commonwealth Cyber Awareness Campaign by Get Safe Online

Competent authorities and channels:

• The Attorney General - According to article 6 from the Mutual Assistance in Criminal Matters Act (2003): only the Attorney General or a person authorised in writing by the Attorney General is authorised to make a request for international assistance in a criminal matter and he/she needs to tell the Minister of Foreign Affair about the request.
• Also, according to the Cybercrime Law 2021, where the Mutual Assistance Act is not applicable to a foreign State, the request on behalf of Kiribati can be made only by or with the authority of the Attorney General.
• Ministry of Foreign Affairs
• Cybercrime Unit – According to article 6 of the Cybercrime Law 2021, the Unit has also the function of a 24/7 POC and has the capacity to carry out communications with the point of contact of other countries on an expedited basis. The Unit shall work collaboratively with the Office of the Attorney-General for international mutual assistance or extradition on an expedited basis.