The presentation focuses on the Law and Technology. It also expanciate on available laws that protect internet users in computer technology envitonment.
2. Laws in general (such as constitutional,
administrative, contract and criminal laws)
are applicable
Specific Laws –
IP Law, Computer Crime Law and Electronic
Transactions Law etc.
3. IP Act No: 36 of 2003
Electronic Transactions Act. No: 19 0f 2006
Computer Crime Act No: 24 of 2007
(Information and Communication Technology
Act No: 27 of 2003 -policy and Evidence
(Special Provisions) Act No: 14 of 1995 -
computer evidence).
4. Computer : an electronic or similar device
having information processing capabilities
(IP Act and ET Act)
Computer program: A set of
instructions expressed in words, codes,
schemes or in any other form which is
capable, when incorporated in a medium
that the computer can read, of causing a
computer to perform or achieve a
particular task or result.
(IP Act and Computer Crime Act)
5. Computer programs : Copyright Law
Protected as a literary work
(source code & object code)
Protected rights – moral & economic
Owner of rights: author, employer &
person who commissioned
Duration – Life time & 70 years
Acquisition – purchase/license
Databases – Copyright Law
6. Infringement : acts that violate protected
rights
Civil/criminal liability
Hardware
- Patent law (inventions)
- Trademark law ( Business)
- Layout designs
- Information
Undisclosed information (secret, kept
secret & financial value), Law of
contracts
7. Electronic documents, e-records data messages and other e-
communication are legally valid (offer & acceptance)
Requirement in writing & e-documents, etc., (electronic form)
valid if the contained information is accessible so as to be
usable for subsequent reference.
Original forms of information in writing – can be in e-form (
reliability of the integrity of information and availability of
information for subsequent reference)
Information retention e-form
Electronic signatures
E-records/signatures in govt. forms, licences, permits, receipts
( as may be specified by the relevant govt. agency)
Regulations
E-contracts – valid unless otherwise agreed (formation,
originator, time, etc.,)
8. Unauthorized & intentional access to a computer – (computer/information held in
computer) (hacking)
An act done in order to secure access to computer /information held in computer
(turning on of a computer) (cracking)
Unauthorized & intentional act of causing a computer to perform any function that
will result in unauthorized modification or damage or potential damage to a
computer, computer system or computer program (eg. deleting information)
Intentionally causing a computer to perform a function adversely affecting national
security, national economy or public order.
Obtaining (unauthorized & intentional) information from a computer or a storage
medium of a computer – buys. receives, sells or (deals with) ,offers for sale,
downloads, uploads, copies, acquires, etc.,
Intercepting data or communication to, from or within a computer or
electromagnetic emissions from a computer carrying information
Illegal devices (for committing an offence) produces, sells, imports, procures, etc.,
Unauthorized disclosure of information (entrusted) which enables access to any
service provided by means of a computer
Attempt, abetment & conspiring