African Cyberlaw Research

“Infrastructure, Law, and Cyber Stability: An African Case Study”
in Cyberspace and Instability (Chesney et al. 2023)

Cyber stability for African countries looks different from cyber stability at the global level. Many of the ways that the dominant literature defines cyber stability do not apply to African states. Dominant views of cyber stability tend to center technological and regulatory openness, interoperability, and internationality. For dominant states, these aspects of global integration cultivate stability. For African countries, global integration can bring instability through dependence, and attaining cyber stability can require, at least initially, actions that the global community might view as destabilizing. This chapter challenges dominant conceptions of cyber stability from a subaltern perspective, drawing on my research of African Union member states investments in both cyber infrastructure and cyber law.

African Data Protection Laws: Politics, but as Usual
in Global and Comparative Data Law (2023) (forthcoming)

African countries have taken differing approaches to cybersecurity and data protection regulations, using each category of regulation for a different political purpose. I have argued elsewhere that African states have used cybersecurity regulation to resist outside – and primarily European – influence. And the most materially vulnerable African states have been the strongest supporters of an “African solution to African problems” approach towards cybersecurity regulation. But with data protection regulations, something different is happening. African states are not, overall, pursuing African solutions to African problems with respect to data protection. Rather, states with stronger trade ties with Europe—one indicator that a state is materially stronger—are supporting adoption of European approaches. Technology laws, even in nondominant countries, do political work — just not always the same political work.

Book Manuscript

I am working on a forthcoming book about African cyber politics, titled Rules as Resistance: Cyber Politics and Africa’s Quest for Autonomy. This book tracks the development of the African Union Convention on Cybersecurity and Data Protection, and analyzes emerging African Internet laws in the context of global politics. The book argues that global south states can and do turn to international agreements that, while sometimes appearing futile to outsiders, actually serve to frustrate the interests of global powers and advance regional interests. This study attempts to elevate the strategies deployed by weak states in international relations to a place of deserved consideration, analysis, and recognition as strategic statecraft.


Blog Posts

Disinformation Colonialism and African Internet Policy
Russia’s recent disinformation campaign in African countries highlights the challenges that African states face in crafting internet policy that is responsive to both external threats and internal political dynamics. African countries will likely not push back against Russian disinformation campaigns, but rather will try to exploit the campaigns for their own international and domestic political goals. 

African Union Bugged by China: Cyber Espionage as Evidence of Strategic Shifts
A number of African leaders have turned to Chinese investment as a viable alternative to Western development aid. The recent allegations of Chinese cyberespionage of the African Union’s headquarters might prompt them to reconsider. 

South Africa Introduces Revised Cybercrime Legislation, Acknowledging Criticism
South Africa’s legislation models a “third way” of approaching cybercrime. South Africa’s government recognizes the importance of legal harmonization, making important adjustments to domestic cybercrime law, while still formally avoiding multilateral institutions that could impinge on its sovereignty.

Africans Want Cross-Border Data Access Reform, But They Might Get Left Out
Countries left out of the MLAT reform movement will have few viable options for accessing data and may turn to damaging alternatives.

Cyber Diplomacy with Africa: Lessons From the African Cybersecurity Convention
Despite currently limited uptake, the Convention, and how the AU produced it, signals that African states value political autonomy and independence when developing cyber policy.

The African Internet Governance Forum: Continued Discomfort with Multistakeholderism
The 2015 African IGF saw increased participation by high-level African government officials. But the government representatives were still hesitant to support the IGF’s guiding concept, multistakeholder governance.

The African Union Cybersecurity Convention: A Missed Human Rights Opportunity
with Fadzai Madzingira
Serious concerns remain about the Convention’s human rights implications, particularly about provisions that might support discrimination and expand government power.


African Colleagues

The following colleagues are experts on African Internet policy and have given permission to be listed here as points of contact. Thank you to them!

Moses Karanja, University of Toronto, Political Science PhD Candidate
https://moseskaranja.com/ and jambo [at] moseskaranja [dot] com
Babatunde (Tunde) Okunoye, Paradigm Initiative Nigeria
babatunde [dot] okunoye [at] paradigmhq [dot] org

Shores of Lake Victoria, September 2016