new incitement cyberlaws (draft)

Sinbad

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WTAF?

Causing someone to adopt a standpoint is now a crime?
 
AFAIK the draft Cybercrimes and Cybersecurity Bill was only recently published so no, it's not a crime… yet.
The draft? AFAIK they are still busy working on it...

dominic - any comments (or may I do so?) ?



/sees bwana's ninja draft edit! :p
 
Right sorry, yes, still a draft.
Interesting:

The relevant text:
Computer related terrorist activity and related offences

15. (1) Any person who unlawfully and intentionally engages in a computer related terrorist activity is guilty of an offence.
(2) Any person who unlawfully and intentionally does anything which
will, or is likely to, enhance the ability of any person, entity or organisation to engage in a computer related terrorist activity, including—
(a) the provision of, or offering to provide, a skill or expertise;
(b) entering into any country or remaining therein; or
(c) making himself or herself available, for the benefit of, at the direction of, or in association with any person, entity or organisation engaging in a computer related terrorist activity, and who knows or ought reasonably to have known or suspected, that such act was done for the purpose of enhancing the ability of such person, entity or organisation to engage in a computer related terrorist activity, is guilty of the offence of association with a computer related terrorist activity.
(3) Any person, entity or organisation who unlawfully and
intentionally—
(a) provides or offers to provide data, any software or hardware tool as contemplated in section 6(5), malware as contemplated in section 9(4), a password, access code or similar data or device as contemplated in section 10(4), a computer device, a computer network, a database, an electronic communications network or any other device or equipment or any part thereof, to any other person for use by or for the benefit of a person, entity or organisation;
(b) solicits support for or gives support to a person, entity or organisation;
(c) provides, receives or participates in training or instruction, or recruits a person, entity or an organisation to receive training or instruction;
(d) recruits any person, entity or organisation; or
(e) possesses, receives or makes available data, any software or hardware tool as contemplated in section 6(5), malware as contemplated in section 9(4), a password, access code or similar data and device as contemplated in section 10(4) or a computer device, computer network, a database, an electronic communications network or any other device or equipment or any part thereof,
connected with the engagement in a computer related terrorist activity, and who knows or ought reasonably to have known or suspected that the actions referred to in paragraphs (a) to (e), are so connected, is guilty of the offence of facilitating a computer-related terrorist activity.
(4) Any person who contravenes the provisions of subsections (1), (2) or (3) ) is liable on conviction to imprisonment for a period not exceeding 25 years.
(5) For purposes of this section "computer related terrorist activity”
means any prohibited act contemplated in section 7(1), 8(1), 9(1) (in so far as it relates to the use of malware) or 14(1) —
(a) which—
(i) endangers the life, or violates the physical integrity or physical freedom of, or causes serious bodily injury to or the death of, any person, or any number of persons;
(ii) causes serious risk to the health or safety of the public or any segment of the public;
(iii) causes the destruction of or substantial damage to critical data, a critical database, an electronic communications network or a National Critical Information Infrastructure, whether public or private;
(iv) is designed or calculated to cause serious interference with or serious disruption of an essential service, critical data, a critical database, an electronic communications network or a National Critical Information Infrastructure;
(v) causes any major economic loss or extensive destabilisation of an economic system or substantial devastation of the national economy of a country; or
(vi) creates a serious public emergency situation or a general insurrection in the Republic,
irrespective whether the harm contemplated in paragraphs (a) (i) to (vi) is or may be suffered in or outside the Republic; and
(b) which is intended, or by its nature and context, can reasonably be regarded as being intended, in whole or in part, directly or indirectly, to—
(i) threaten the unity and territorial integrity of the Republic;
(ii) intimidate, or to induce or cause feelings of insecurity among members of the public, or a segment of the public, with regard to its security, including its economic security, or to induce, cause or spread feelings of terror, fear or panic in a civilian population; or
(iii) unduly compel, intimidate, force, coerce, induce or cause a person, a government, the general public or a segment of the public, or a domestic or an international organisation or body or intergovernmental organisation or body, to do or to abstain or refrain from doing any act, or to adopt or abandon a particular standpoint, or to act in accordance with certain principles,
whether the public or the person, government, body, or organisation or institution referred to in subparagraphs (ii) or (iii), as the case may be, is inside or outside the Republic

So, the government providing an electronic press release intending to intimidate citizens into, say, paying etolls by threatening to revoke vehicle licenses is an act of cyber terrorism.
 
Sinbad. Good pickup. wonder if it will stick?
 
The wording is interesting though:

3) Any person, entity or organisation who unlawfully and intentionally—


What's unlawful?
An inciteful post on twitter is legal and lawful, unless it falls foul of these laws - but until it falls foul of these laws these laws can't be applied to it?
 
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