Cybercrimes and cybersecurity bill for South Africa

dominic

Legal Expert: Telecoms
Joined
Sep 7, 2004
Messages
7,329
Jan - you should also perhaps link to the discussion paper

...along with the launch of the Cybersecurity Hub on 8 September this sees some progress at last
 

Jan

Who's the Boss?
Staff member
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May 24, 2010
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5,017
Jan - you should also perhaps link to the discussion paper

Good ideal. Thanks, Dominic.

Is it just me or is Section 17 a little scary for folks who operate forums or who offer comments on their blogs?

17. (1) Any person who unlawfully and intentionally-

(a) makes available, broadcasts or distributes;
(b) causes to be made available, broadcast or distributed; or
(c) assists in making available, broadcasts or distributes,

through a computer network or an electronic communications network, to a specific person or the general public, a data message which advocates, promotes or incites hate, discrimination or violence against a person or a group of persons, is guilty of an offence.

(2) Any person who contravenes the provisions of subsection (1) is liable, on conviction to a fine or imprisonment not exceeding 2 years.
 

LazyLion

King of de Jungle
Joined
Mar 17, 2005
Messages
103,813
Is it just me or is Section 17 a little scary for folks who operate forums or who offer comments on their blogs?

It's scary because of how the ANC will interpret it and use it.
 

Jan

Who's the Boss?
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It's scary because of how the ANC will interpret it and use it.

Exactly. IANAL, but whenever new legislation is proposed and wording open to interpretation such as "unlawful and intentional" is included, I worry about how judges will rule in the first few cases.

I also worry about how long it will take for case law to be established, because until the wording is interpreted it can have a chilling effect on local sites who can't afford the risk of being dragged to court by someone with deep pockets.
 

j4ck455

Executive Member
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Jan 2, 2006
Messages
6,543
Every day this cANCer government makes me willingly want to lobotomise myself, and not the easy way under anaesthetic but the hard way by repeatedly bashing my head against a wall.

I think all those positive attitudinal ZAffers must have all been expats interviewed face to face in the countries they now call home, they were positive about not being in SA any more.

Is it just me or is Section 17 a little scary for folks who operate forums or who offer comments on their blogs?

There is a simple solution to that, simply shift the blame onto the ISPs that own and operate the networks without which nothing would be "made available".
 

Milano

Honorary Master
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Feb 7, 2004
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15,994
Under the provisions of the bill, South Africa’s President may enter into agreements with foreign States to promote cyber security.

China and Russia
 

krusty_

Member
Joined
Oct 31, 2005
Messages
18
Everyone is a service provider. Take a look at the highlighted sections in this image. If you send or receive email or even SMS, you're a service provider!


cybersecuritybill.jpg
 

dominic

Legal Expert: Telecoms
Joined
Sep 7, 2004
Messages
7,329
Everyone is a service provider. Take a look at the highlighted sections in this image. If you send or receive email or even SMS, you're a service provider!


cybersecuritybill.jpg

will be addressing that definition aggressively - definition of service providers / ISPs is always a problem
 
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