The Effectiveness of Current Legislative Measures to Combat the Scourge of Cyber crime in South Africa

by

ACKNOWLEDGEMENT

I want to be thankful to my supervisor and my teachers for their immense support and help throughout my dissertations. I also want to thank my friends and families who have been a huge source of continuous guidance and inspiration for me throughout my work. I would like to show my gratitude for helping in both and good times.



DECLARATION

I [type your full first names & surname here], declare that the following dissertation/thesis has been made me. Moreover all the information and knowledge had been my individual efforts. I also want to declare that all the content present in the thesis has never been published before. Moreover the following thesis will reflect my opinions and suggestions and this will not represent the opinions of the educational institute.

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ABSTRACT

In the following proposed study, effectiveness of current legislative measures to combat the scourge of cyber crime in South Africa will be analyze and examine the impacts of legislative measures on the scourge of cyber crime in South Africa. The main focus of the study is to analyze the concept of cyber crime and with the implications provided by it, various challenges faced by South Africa in dealing with cyber crime and various legal legislations that govern the act of cyber crime in South Africa. The over view of the legislations and the cyber security issues support the overall objectives of this work, which will help to improve the level of security for all citizens, and in particular the processing of personal data protection.



TABLE OF CONTENTS

ACKNOWLEDGEMENTII

DECLARATIONIII

ABSTRACTIV

CHAPTER 1: INTRODUCTION AND PROBLEM STATEMENT1

1.1 Introduction1

1.2 Problem Statement4

CHAPTER 2: FOCUS OF THE DISSERTATION7

2.1 Research Questions7

2.2 Research Method7

CHAPTER 3: THE DEFINITION OF CYBERCRIME9

3.1 Phishing9

3.1.1The Nigerian Scam, More Commonly Referred To As 41910

3.1.2 Advanced Fees Paid For a Credit Card or Guarantee Loan10

3.1.3 Lottery Scams10

3.1.4 Phishing Emails and Phony Web Pages11

3.1.5 Item for Sale Overpayment Scam11

3.2 Identity Theft11

3.3 Banking Fraud13

3.3.1 Bank Fraud Perpetrated By an Insider14

3.3.2 Bank Fraud Perpetrated By Outside Parties15

3.4 Child Pornography16

3.4.1 Child pornography definition (Act 65 of the Films and Publications of the year 1996 before amendments)19

3.4.2 The 1996 Films and Publications Act 65 (as Amended by 2004 Act 18) Hereinafter referred to as the FPA)20

CHAPTER 4: TYPES OF CYBERCRIME22

4.1 Introduction22

4.2 A Computer as the Target Of Crime22

4.3 A Computer as a Tool for Crime23

4.4 A Computer as an Incident Of Crime24

CHAPTER 5: CHALLENGES FACED BY SOUTH AFRICA25

5.1 Overview25

5.1.1 Legal Challenges25

5.1.2 Operational Challenges26

5.1.3 Technical Challenges27

CHAPTER 6: SOUTH AFRICAN LEGISLATION29

6.1 Introduction29

6.2 Electronic Communications and Transactions Act29

6.3 The Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA)30

6.4 The Films and Publications Act31

6.5 Copy Right Act31

CHAPTER 7: LEGISLATION GOVERNING CYBERCRIME IN UNITED KINGDOM AND UNITED STATES OF AMERICA33

7.1 United States of America33

7.1.1 The Computer Fraud and Abuse Act33

7.2 United Kingdom34

7.2.1 Spam, Malware and the Law35

7.2.2 European Convention on Cybercrime35

7.2.3 Civil law for dealing cybercriminals36

CHAPTER 8: AMENDMENTS AND ADOPTION OF LEGISLATION37

8.1 Amendment of Existing Legislation37

8.2 Status of Existing African Cyber Crime ...