NigerLoi n° 2019-33, accès illégal et maintien frauduleux
Loi n° 2019-33 accès illégal et maintien frauduleux dans un système informatique, répression de la cybercriminalité au Niger, du 3 juillet 2019, art. 3 et 4
In force.
A computer misuse rule binding public and private bodies.
What it requires
- Do not access, or remain present in, a computer system intentionally and without right; reading a page that is public and unauthenticated has not been shown to violate this test.NIST AI RMFMAP 4.1
- Do not cause the suppression, modification or alteration of data, or a malfunction of the system, when accessing or remaining present in it without right.no control in the NIST AI RMF
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Criminal exposure note
One to three years' imprisonment and a fine of 500,000 to 1,000,000 CFA francs for a bare unauthorised access or continued presence (arts. 3, 4), rising to three to five years and 2,000,000 to 5,000,000 CFA francs where data is suppressed, modified or altered, or the system malfunctions, as a result.
Penalty structure
Base tier (unauthorised access or continued presence): one to three years' imprisonment and 500,000 to 1,000,000 CFA francs. Aggravated tier, when the offence results in the suppression, modification or alteration of data or a system malfunction: three to five years' imprisonment and 2,000,000 to 5,000,000 CFA francs (arts. 3, 4).
- Rule
- Fixed only
- As of
- Currency
- XOF
- Fixed cap
- 5,000,000
What this law does
Article 3 punishes with one to three years' imprisonment and a fine of 500,000 to 1,000,000 CFA francs anyone who accesses, intentionally and without right, all or part of a computer system, rising to three to five years' imprisonment and a fine of 2,000,000 to 5,000,000 CFA francs where the access results in the suppression, modification or alteration of the data it holds, or in a malfunction of the system.
Article 4 punishes the same two tiers for remaining, intentionally and without right, present in all or part of a computer system after the initial access. Neither article conditions the offence on infringing a technical security measure, but both require the access or continued presence to be 'without right' (sans droit), which a person reading a page that is public and unauthenticated is not; no reported Nigerien decision has applied either article to ordinary open-web crawling.
Article 69, the closing article, orders publication in the Journal Officiel and execution as a law of the State, but names no day of its own entry into force, and no commencement notice has been located in the Journal Officiel.
When LexLint raises it
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