Cyber & IP Africa

Background

The U.S. Transnational and High-Tech Crime Global Law Enforcement Network (GLEN) program is the result of a partnership between the U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (DOS/INL) and the U.S. Department of Justice’s Computer Crime and Intellectual Property Section (DOJ/CCIPS) and Office of Overseas Prosecutorial Development, Assistance and Training (DOJ/OPDAT).

The GLEN is a worldwide law enforcement capacity building network of International Computer Hacking and Intellectual Property (ICHIP) attorney advisors, computer forensic analysts (Global Cyber Forensics Advisors or GCFAs), and federal law enforcement agents who deliver training and technical assistance to foreign law enforcement, prosecutorial, and judicial partners to combat intellectual property and cybercrime activity, as well as to assist in the collection and use of electronic evidence to combat all types of crime, including transnational organized crime (TOC).

Currently, ICHIPs are posted to regional positions in Africa (Dar Es Salaam, Tanzania and Addis Ababa, Ethiopia), Asia (Hong Kong S.A.R.; Kuala Lumpur, Malaysia; and Bangkok, Thailand (part-time DOJ/OIA Attaché focused on IPR)), Europe (Bucharest, Romania; Zagreb, Croatia; and The Hague, Netherlands), and Western Hemisphere (São Paulo, Brazil and Panama City, Panama).  Two subject-matter expert ICHIPs – the ICHIP for Global Internet Fraud and Public Health (IFPH) and the ICHIP for Global Dark Web and Cryptocurrency (DWC) – as well as DOJ computer forensic analysts and law enforcement officials with intellectual property and cybercrime expertise also form part of the GLEN.

The objective of the GLEN is to promote the rule of law and to protect Americans from criminal threats emanating from abroad by delivering targeted training to encourage both immediate improvements as well as long-term institutional change.  This assistance includes training workshops, legislative review, case-based mentoring, skills development, and promoting institutional reform such as the formation of specialized units to address these criminal threats. Finally, the ICHIPs encourage countries to join the Council of Europe’s Convention against Cybercrime (Budapest Convention) as well as the G7 24-7 High Tech Crimes Digital Evidence Sharing Network (HTCN), an informal network that provides high-tech expert contacts to assist in preserving and sharing digital evidence.

IPR-Focused ICHIP

The Dar Es Salaam-based ICHIP supports the capacity building needs of partner nations on the continent of Africa by assessing the capacity of law enforcement authorities to enforce IPR; developing and delivering capacity building assistance, primarily case-based mentoring and skills training designed to enhance the capacity of justice sector personnel to enforce IPR; assisting the creation or improvement of institutions dedicated to IPR enforcement; monitoring regional trends in IPR protection; and providing expert assistance in support of U.S. intellectual property (IP) policies and initiatives in the region.  The ICHIP also assists foreign partners with IPR-related legislative drafting and preparing country submissions for the U.S. Trade Representative’s annual Special 301 Report.  The ICHIP acts as a liaison between U.S. law enforcement partners in the region and rights-holders, whose support is critical for IPR investigations and prosecutions. ICHIP programs focus on encouraging interagency and regional cooperation in protecting intellectual property rights (IPR).

The ICHIP Dar Es Salaam position has placed particular emphasis on combating fraudulent medicines that threaten human health and safety, including those related to the COVID-19 pandemic.  In addition to building legal and law enforcement capacity in this area, the ICHIP is raising awareness on the ills of counterfeit pharmaceuticals.  The ICHIP played an integral role in the U.S. Embassy Nigeria-produced movie Fishbone, which focuses on counterfeit medicine.  A French language version of the movie has also been made to facilitate broader distribution on the continent of Africa by the ICHIP and the Department of State.

To improve IPR enforcement efforts, including quality of intellectual property (IP) seizures and prosecutions with regards to infringing goods, especially those involving counterfeit pharmaceuticals, ICHIP Dar Es Salaam works with the ICHIP-led Pharmacrime Working Group comprised of 23 members from 12 Anglophone countries (Botswana, The Gambia, Ghana, Kenya, Liberia, Namibia, Nigeria, Sierra Leone, South Africa, Tanzania, Uganda, and Zambia) and 6 members from 6 Francophone countries (Benin, Burundi, Chad, Côte d’Ivoire, Senegal, and Togo). These 2 groups have now been merged into 1 comprised of 29 members from Benin, Botswana, Burundi, Chad, Côte d’Ivoire, The Gambia, Ghana, Kenya, Liberia, Namibia, Nigeria, Senegal, Sierra Leone, South Africa, Tanzania, Togo, Uganda, and Zambia. The ICHIP engages the group through virtual and in-person meetings to highlight enforcement best practices, support information sharing and cooperation among the members, and facilitate better communication between rights-holders and law enforcement in the region.

Since January 2021, the ICHIP has screened Fishbone in more than 20 African countries, provided guidance on new Gambian IP legislation, and continued to connect U.S. rights-holders to African government officials through the Pharmacrime Working Groups.

Cyber-Focused ICHIP

Upon deployment to the U.S. Mission to the African Union (AU) in December 2020, ICHIP Addis Ababa began building a cyber-focused regional program for Africa.  The ICHIP has initiated capacity building partnerships with key U.S. counterparts in the region, including the U.S. Mission to the AU, LEGATs, and other U.S. law enforcement officials on the African continent. ICHIP Addis Ababa has also coordinated with UNODC, the Council of Europe, and those in industry on future assistance initiatives.

The ICHIP has also identified potential partners within law enforcement, the prosecution service, and the judiciary in several countries as well as at the African Union. The ICHIP’s initial assistance activities in the region have concentrated on breaking down the technicalities in digital evidence and highlighting the unique skills needed to investigate cybercrime for law enforcement and the judiciary.  In July 2021, the AU showcased this new ICHIP program at its Cybercrime/Cybersecurity summit, emphasizing its capacity building opportunities for member countries.

IPR-Focused ICHIP Recent Activities

• July 2024: In Dar Es Salaam, Tanzania, the new ICHIP Dar Es Salaam arrived at Post.
• July 2024: In Dar Es Salaam, Tanzania, ICHIP Dar Es Salaam participated in the U.S./Tanzania Commercial Dialogue Digital Economy Working Group and discussed barriers to success for digital markets in Tanzania, including bad actors and cyber-enabled crime. Members of the working group include government officials from Tanzania and the U.S. as well as representatives of private companies. This action allowed the ICHIP to introduce her role to the working group and gain valuable contacts.

Cyber-Focused ICHIP Recent Activities

• July 2024: ICHIP Addis Ababa provided case-based assistance to Namibian prosecutors for mutual legal assistance with Seychelles, including facilitating introductions between the proper parties in each country. This action developed the ICHIP’s reputation as a trusted party to be consulted by African nations.
• June 2024: In Maputo, Mozambique, the ICHIP brought 36 justice sector professionals from four Portuguese-speaking African countries, assisted by FBI and Brazilian police and prosecutors. The countries were introduced to the Budapest Convention on Cybercrime. The ICHIP mentored each country group, identified the cybercrime issues they are facing, and further developed their capacity to train their peers on cybercrime.
• May 2024: In The Hague, Netherlands, the ICHIP brought 13 members of the Africa Cryptocurrency Working Group (ACWG) to The Hague for meetings and networking to foster increased cooperation with Europol. ACWG members joined other participants in Europol’s 10th Virtual Currency Conference and engaged in numerous meetings with European law enforcement agencies and private industry partners. The ICHIP was joined by ICHIP The Hague for meetings at Eurojust.