Internet related commercial crimes

[摘要] English: The purpose of this study was to determine whether these exists a need for legislationin South Africa criminalising Internet related commercial crimes and specificallycomputer-related crimes, which for all purposes refer to instances where computerexperts (hackers) gain access to third parties' computers without authorisation orunlawfully interfere with the latter's computer systems as well as to instances wherecomputer experts disseminate malicious computer programs that do the above.Collectively these instances are referred to as hacking and virus instances. The sellingand/or distributing of hackers' tools (used to gain access to computer system or tointerfere with the functioning of computer systems) and illegally obtained passwordsare also examples of a computer-related crime, studied in this dissertation.In search for an answer to the above-mentioned question, this study assessed whethercomputer-related crimes can be accommodated by the current definitions of commonlaw as well as statutory offences, with specific reference to the offences of theft,receiving stolen property knowing it to be stolen, fraud, theft by false pretences,malicious injury to property and crimen iniuria.After a thorough analysis of the current law obtaining in South Africa it was concludedthat should local courts be willing to extend the application as well as the definitions ofcommon law offences to computer-related crimes, then virtually all instances ofcomputer-related crimes would be encompassed by the above-mentioned common lawoffences. Only the creation and possession of hackers' tools and illegally obtainedpasswords would not constitute offences in terms of the South African criminal law. Itwas further noted that should local courts refuse to extend the application of commonlaw offences to computer-related crimes, then thirteen cyber-transgression have tobe criminalised.Further note was taken of the South African Law Commission's draft bill, the ComputerMisuse Bill, as a proposal to criminalise computer-related crimes. In order to assesswhether such proposed legislation is in line with foreign legislation criminalising theabove-mentioned aspects, this study also scrutinised the legislation of the UnitedStates, the United Kingdom, Singapore, the Netherlands as well as the newly enactedEuropean Convention on Cybercrime.Certain recommendations were also made to the South African Law Commission withregard to the type of conduct that should be criminalised to bring foreseen SouthAfrican legislation, dealing with cyber-related crimes, in line with foreign legislation.

[发布机构] University of the Free State