The presentation focuses on the Law and Technology. It also expanciate on available laws that protect internet users in computer technology envitonment.

1. Legal Structure for
CYBER GOVERNANCE

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

9.  Survives
only adoptable, not strongest