Page 52 - Q&A Book.indd
P. 52

The new Cybercrimes and Cybersecurity Bill to
            tackle cyber criminals
            Esmarie Cronjé
            February 2017

            “I receive at least 10 fake e-mails and sms’s per day telling
            me I’ve won, or entered some competition or can claim some
      Commercial  reward. And it seems to just get worse. It feels like it’s just a
            matter of time before I get caught in some scam and then I
            won’t even know who to turn to for help. Surely, these criminals
            can’t just have free reign to do what they want?”


            A harsh reality of the world today is the growing international threat
            (and industry) of cybercrime. Cyber criminals have become highly
            sophisticated with mechanisms, platforms and scams that are targeted
            and very difficult for an ordinary user to spot. Our world revolves around
            information technology and it is our dependence thereon which is
            targeted by cyber criminals.

            To date, our legal framework regulating cybercrimes has consisted of
            various pieces of legislation as well as our common law. Unfortunately,
            such fall short of effectively regulating the complex world of cybercrime,
            necessitating the need for a consolidated framework to address
            cybersecurity and criminalise cybercrimes.

            The  proposed  Cybercrimes  and  Cybersecurity  Bill  (“Cybercrimes
            Bill”) has accordingly been introduced to assist in providing such a
            framework for combatting computer-related crimes and improving the
            cybersecurity of South African citizens.
            The  Cybercrimes  Bill  will  have  broad  consequences  for  some  of  the
            following persons:

            •       Persons who use a computer or the internet.
            •       Electronic communications and financial service providers.
            •       Suppliers of IT hardware tools and software.
            •       Representatives of government departments.
            •       Information security experts.
            •       The South African Police Services (SAPS).
            •       People who are involved with IT regulatory compliance.

            It creates approximately 50 new offences which have a bearing on
            cybercrimes, such as hacking, unlawful interception or interference
            with data, cyber extortion, cyber forgery, using financial information to




            47
   47   48   49   50   51   52   53   54   55   56   57