Cybercrime and the Law Flashcards
Why are there such as laws?
Laws are there to protect YOU as well – that way you can defend yourself against those who might want to harm you.
Why should one apply for a protection order?
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
What must you approve when applying for protection orders?
*Someone is following, watching, bothering or communicating with you repeatedly.
*You need proof, so keep records like screenshots or recordings.
What if you don’t know who is harassing you? Harassment
If you don’t know, you can still apply for the protection order, then the police needs to investigate.
What should you do when it comes to Protection from Harassment Act?
Apply for a protection order at your local court – you can do it yourself.
What happens next? Harassment
A temporary (interim) protection order is usually granted while they are investigating the case.
Can’t they just ignore it? Harassment
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.
What is the POPI Act?
This law gives the rules about how personal information can be collected, stored and used.
Define POPI
Protection of personal information POPI) act
What does confidential include?
ID number, account numbers, medical information, children information
Who is affected by the act? POPI
People or institutions who collect, store and process information
(So pay attention if you plan to work in a business like that!)
What happens if they don’t do it? POPI
They can go to prison or get a fine of up to R10 million – PLUS they must pay damages to those affected
What should you do? POPI
Report it to the regulator if you suspect your personal information has been misused or leaked in a data breach
Define RICA
Regulation of Interception of Communication and Provision of Communication-Related Information
What is the goal of RICA?
To track people, all communications equipment must be sold with tracking capabilities like serial numbers
What is the challenge of RICA?
To catch criminals red-handed, it is necessary to monitor their communications.
What are the rules when it comes to monitoring?
RICA
There have to be rules about who may monitor your communications e.g.
listen to your phone calls
read your emails
Who is affected by the act? RICA
Everyone
Cellphones are often used by criminals – this way police can apply to a judge for permission to monitor their communications
What should you do? RICA
Provide accurate information when giving information required by the RICA act (e.g. when buying a SIM card)
What is the Cybercrimes Bill?
A law which tries to define cybercrime, cyberterrorism and how to fight crimes, punish them and ultimately prevent them.
What kind of cybercrimes are covered in this law?
Cybercrimes
*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
Who is affected by the bill?
Anyone who uses a computing device
What penalties are laid down? Bill
Up to 15 years in prison (25 if it’s an act of terrorism) and/or a fine
What should you do? Bill
Understand what is seen as cybercrime and don’t commit these crimes
