The Computer Misuse and Cybercrime Amendment Bill 2024 was debated in the House of Assembly (HoA) on January 9, 2024. Photo: nwkings.com

Premier and Minister of Finance, Dr the Honourable Natalio D. Wheatley (R7) said the proposed amendments in the Computer Misuse and Cybercrime Amendment Bill 2024 aims to rectify deficiencies in the current act. Photo: YouTube

Opposition Member Hon Myron V. Walwyn (R6) has criticised the accelerated process of the Computer Misuse and Cybercrime Amendment Bill 2024, arguing that the bill’s potential implications on fundamental rights and freedoms demanded broader public engagement. Photo: YouTube

Premier Wheatley introduced the bill and first moved a motion to suspend Standing Order No. 52-2, allowing the bill to proceed to its second and third readings without delay.

One-to-Three Approach

The motion again sparked debate among members of the House.

Opposition Member Hon Myron V. Walwyn (R6) took to the floor to criticise the accelerated process, arguing that the bill’s potential implications on fundamental rights and freedoms demanded broader public engagement.

Hon Walwyn, vociferously spoke to the bill’s provisions, particularly its potential impact on privacy and civil liberties.

“[I am raising] my concerns with this one-to-three approach on bills that have significant implications on the fundamental rights and freedoms of the people of the Virgin Islands,” he said.

Hon Walwyn, cited as an example, that “within this bill, the police can ask persons who are of interest in criminal matters to provide them with the password to their phones; And there are other things within this bill that are very troubling, that must be ventilated for the understanding of the public. What we are doing in this House is wrong.”

Despite the objections, the motion was seconded by Deputy Premier Hon Julian Fraser RA (R3), and subsequently passed, leading to a subsequent debate on the proposed amendments to the substantive Act

Potential Blacklisting

In a detailed address, Premier Wheatley defended the urgency of the amendments, citing findings from the Caribbean Financial Action Task Force’s (CFATF) fourth-round Mutual Evaluation Report (MER).

Pointing to gaps in the extant legislation that has hindered law enforcement’s ability to effectively investigate and prosecute crimes, including cybercrime and financial offenses, the Premier said, “As it stands, the Act is limiting the scope of investigations, thus allowing criminals to take advantage of the system.”

As such, he told members of the HoA, the amendments were necessary to align the Virgin Islands’ legal framework with international standards and avoid potential blacklisting.

“The [CAFTF] report classifies our jurisdiction as compliant with 11 recommendations, largely compliant with 25 recommendations, partially compliant with 3 recommendations, and non-compliant with 1 recommendation,” he told members of the House.  

Not merely legal formalities

The proposed amendments—as presented by Premier Wheatley—generally aim to, among other things, broaden the scope of applicable offenses and introduce clearer definitions.

This, in addition to strengthening law enforcement's powers to investigate and prosecute cyber and financial crimes, allowing for access to information and lawful seizure of computers during investigations, ensuring evidence remains admissible in court.

“These proposed changes are not merely legal formalities, they represent our commitment to strengthening our AML-CFT-CPF framework and to provide the international standards set out in the MER regarding law enforcement and improving our investigative procedures,” Premier Wheatley said.

According to Dr Wheatley, “By fortifying our legal framework, enhancing coordination among domestic and international agencies, and augmenting the capabilities of our law enforcement agencies, we are taking cogent steps to prevent and combat cybercrime and financial offenses.”

Premier Wheatley is expected to wrap up the debate on the bill on Monday, January 13, 2025.