Cyber crime: a comparative law analysis

• Main Author: Maat, Sandra Mariana
• Other Authors: Van der Merwe, D.P.
• Format: Others
• Language: en
• Published: 2009
• Subjects: Digital signatures; Cryptography; Cyber inspectors; Unauthorised interception; Computer-related fraud; Theft of information; Denial of service attacks; Cyber crime; Hacking; Rogue code; 343.9944068; Computer crimes > South Africa; Electronic commerce > Law and legislation > South Africa; Computer networks > Law and legislation > South Africa; Internet > Law and legislation > South Africa
• Online Access: Maat, Sandra Mariana (2009) Cyber crime: a comparative law analysis, University of South Africa, Pretoria, <http://hdl.handle.net/10500/2056>; http://hdl.handle.net/10500/2056

The Electronic Communications and Transactions Act, 25 of 2002, eradicated various lacunae that previously existed in respect of cyber crimes. Cyber crimes such as inter alia hacking, rogue code, unauthorised modification of data and denial of service attacks have now been criminalised. Specific criminal provisions in relation to spamming, computer-related fraud and extortion have also been included in the Act. It is argued that theft of incorporeal items such as information has already been recognised in our law, but has not been taken to its logical conclusion in our case law. However, there are instances where neither the common law nor our statutory provisions are applicable and where there is still a need for legislative intervention. The Act sufficiently deals with jurisdiction, the admissibility of data messages, the admissibility of electronic signatures and the regulation of cryptography. Cyber inspectors are a new addition to law enforcement. === Jurisprudence === L. L. M.