Cybercrime and the Law

Question 1

Why are there such as laws?

Answer 1

Laws are there to protect YOU as well – that way you can defend yourself against those who might want to harm you.

Question 2

Why should one apply for a protection order?

Answer 2

Apply for a protection order if:
*A person or group’s behaviour toward you is rude, abusive, aggressive or obsessive
*You feel threatened or unsafe

Question 3

What must you approve when applying for protection orders?

Answer 3

*Someone is following, watching, bothering or communicating with you repeatedly.
*You need proof, so keep records like screenshots or recordings.

Question 4

What if you don’t know who is harassing you? Harassment

Answer 4

If you don’t know, you can still apply for the protection order, then the police needs to investigate.

Question 5

What should you do when it comes to Protection from Harassment Act?

Answer 5

Apply for a protection order at your local court – you can do it yourself.

Question 6

What happens next? Harassment

Answer 6

A temporary (interim) protection order is usually granted while they are investigating the case.

Question 7

Can’t they just ignore it? Harassment

Answer 7

If someone breaks the terms of a protection order they can be sentenced for up to 5 years in jail, or have to pay a fine.

Question 8

What is the POPI Act?

Answer 8

This law gives the rules about how personal information can be collected, stored and used.

Question 9

Define POPI

Answer 9

Protection of personal information POPI) act

Question 10

What does confidential include?

Answer 10

ID number, account numbers, medical information, children information

Question 11

Who is affected by the act? POPI

Answer 11

People or institutions who collect, store and process information
(So pay attention if you plan to work in a business like that!)

Question 12

What happens if they don’t do it? POPI

Answer 12

They can go to prison or get a fine of up to R10 million – PLUS they must pay damages to those affected

Question 13

What should you do? POPI

Answer 13

Report it to the regulator if you suspect your personal information has been misused or leaked in a data breach

Question 14

Define RICA

Answer 14

Regulation of Interception of Communication and Provision of Communication-Related Information

Question 15

What is the goal of RICA?

Answer 15

To track people, all communications equipment must be sold with tracking capabilities like serial numbers

Question 16

What is the challenge of RICA?

Answer 16

To catch criminals red-handed, it is necessary to monitor their communications.

Question 17

What are the rules when it comes to monitoring?

Answer 17

RICA
There have to be rules about who may monitor your communications e.g.
listen to your phone calls
read your emails

Question 18

Who is affected by the act? RICA

Answer 18

Everyone
Cellphones are often used by criminals – this way police can apply to a judge for permission to monitor their communications

Question 19

What should you do? RICA

Answer 19

Provide accurate information when giving information required by the RICA act (e.g. when buying a SIM card)

Question 20

What is the Cybercrimes Bill?

Answer 20

A law which tries to define cybercrime, cyberterrorism and how to fight crimes, punish them and ultimately prevent them.

Question 21

What kind of cybercrimes are covered in this law?
Cybercrimes

Answer 21

*Unauthorised (unlawful) access to data or hardware
*Unauthorised interception of communications
*Cyber fraud – fraud committed using computing devices
*Sending messages that incite violence or damage to property, or that threaten a person or group of persons

Question 22

Who is affected by the bill?

Answer 22

Anyone who uses a computing device

Question 23

What penalties are laid down? Bill

Answer 23

Up to 15 years in prison (25 if it’s an act of terrorism) and/or a fine

Question 24

What should you do? Bill

Answer 24

Understand what is seen as cybercrime and don’t commit these crimes