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Lee, Yin Harn. "Videogame modifications under copyright law." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709009.
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Ital, Eric Guy. "Copyright law and the Internet : in modern South African law." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51666.
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Thesis (LLM)--University of Stellenbosch, 2000.ENGLISH ABSTRACT: The Internet is coming more and more into focus of national and international legislation. Especially with regard to copyright law, the rapid growth of the Internet, its global character, its novel technical applications and its private and commercial use by millions of people makes the control over a work complicated and raises copyright problems all over the world. Present legislation is therefore challenged to avoid gaps in the law. Considering the rapid growth of online providers and users in South Africa, it is likely that copyright disputes with regard to the Internet will evolve here soon. In this dissertation, the "world" of the Internet and its lawfulness with regard to existing South African copyright law will be examined. The examination tries to establish whether South African copyright law is able to cope with the present Internet problems and whether it leads to reasonable results. The first chapter of this dissertation will give an overview of the basic principles of the Internet, including the history, development and function of the Internet. Furthermore the changing aspects by means of diqital technology will be discussed. Because the global character of the Internet lead to "international" infringements, governments are considering the prospect of reaching international accord on the protection of intellectual property in the digital era. In chapter two, the present international harmonisation of copyright law will be introduced. Especially the quick adoption of the World Intellectual Property Organisation Treaties in December 1996 demonstrated that an international realisation for a call for action is existing. In chapter three, the application of South African copyright law with regard to the Internet will be discussed. First, it will be examined if a digital work on the Internet is protected in the same way as a "traditional" work. Second, the various rights of the copyright holder are discussed in connection with the use of a work on the Internet. Third, the potential application of the exclusive rights of the copyright holder to various actions on the Internet, such as caching, Web linking and operating an online service will be discussed. The Internet is a worldwide entity, and, as such, copyright infringement on this system is an international problem. The scenario of global, simultaneous exploitation of works on the Internet conflicts sharply with the current system of international copyright protection, which is firmly based on national copyright laws with territorial effects. Section four provides therefore an overview of the applicable law on an international net and analyses the necessity and borders of protection.
AFRIKAANSE OPSOMMING: Nasionale en internasionale wetgewing fokus in In toenemende mate op die Internet. Die versnelde groei van die Internet, sy wêreldkarakter, sy nuwe tegnologiese aanwendings en sy private en kommersiële gebruik deur miljoene mense maak beheer oor In werk baie gekompliseerd en skep veral outeursregprobleme regoor die wêreld. Wetgewing soos dit tans is, word dus uitgedaag om die leemtes in die reg te ondervang. Gegewe die vinnige groei van gekoppelde verskaffers en gebruikers in Suid-Afrika, is dit waarskynlik dat - outeursreggeskille met betrekking tot die Internet binnekort ook hier gaan ontwikkel. In hierdie verhandeling gaan die "wêreld" van die Internet en sy wettigheid onder bestaande Suid-Afrikaanse outeursregwetgewing ondersoek word. In die ondersoek word gepoog om vas te stelof Suid-Afrikaanse outeursregwetgewing geskik is om die Internetprobieme wat tans bestaan te hanteer en of dit lei tot aanvaarbare resultate. Die eerste hoofstuk van die verhandeling sal In oorsig gee van die basiese beginsels van die Internet, insluitende die geskiedenis, ontwikkeling en funksie van die Internet. Verder sal die veranderende aspekte as gevolg van digitale tegnologie bespreek word. Die wêreldkarakter van die Internet gee aanleiding tot "internasionale" inbreukmakings en om hierdie rede oorweeg regerings die moontlikheid van internasionale ooreenkomste oor die beskerming van intellektuele eiendom in die digitale era. In hoofstuk twee word die bestaande internasionale harmonisering van outeursreg bespreek. Veral die vinnige aanname van die World Intellectual Property Organisation se verdrae in Desember 1996, illustreer dat daar In internasionale bewustheid is dat iets in die verband gedoen moet word. In die derde hoofstuk word die aanwending van die Suid-Afrikaanse outeursreg met betrekking tot die Internet bespreek. Eerstens word ondersoek of a digitale werk op die Internet op dieselfde wyse as 'n "tradisionele" werk beskerm kan word. Tweedens word die verskillende regte van die outeursreghebbende in verband met die gebruik van 'n werk op die Internet, bespreek. Derdens word die potensiële aanwending van die eksklusiewe regte van die outeursreghebbende op verskillende aksies op die Internet, soos byvoorbeeld kasberging, web koppeling en die werking van 'n gekoppelde diens, bespreek. Die Internet is 'n wêreldwye verskynsel en sodanig is outeursreginbreukmaking op hierdie stelsel 'n internasionale probleem. Die scenario van 'n wêreldwye, gelyktydige uitbuiting van werke op die Internet is in skerp konflik met die huidige stelsel van internasionale outeursregbeskerming wat stewig gegrond is op nasionale wetgewing met territoriale werking. Hoofstuk vier bied daarom 'n oorsig oor die toepaslike reg op 'n internasionale netwerk en analiseer die nodigheid en ook grense van beskerming.
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Mik, Eliza. "Contract formation in open electronic networks." Phd thesis, Faculty of Law, 2007. http://hdl.handle.net/2123/4995.
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Thesis (Ph. D.)--University of Sydney, 2007.Title from title screen (viewed 28 May 2009) Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Faculty of Law. Degree awarded 2007. Includes bibliography references. Also available in print format.
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Temur, Nuri. "Computer Crime as a Barrier to Electronic Commerce: New Solutions for Public Law Enforcement." Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3171/.
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Electronic commerce was expected to grow exponentially, but the actual rate of growth in recent years has been disappointing. Recent surveys of perceptions of the development of electronic commerce clearly focus our attention on the perception and fear of computer crime as the major cause of this disappointing growth pattern. The thesis critiques existing private law solutions to this problem and argues from a normative theory on “the commons” for the application of new public law enforcement solutions in the public trust, sanctions, and public coproduction of order. The thesis argues that given the failures of existing private law solutions to the problem, these public law enforcement solutions should be more effective, efficient, and more satisfactory.
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Mabeka, Nombulelo Queen. "When does the conduct of an employer infringe on an employee's constitutional right to privacy when intercepting or monitoring electronic communications?" Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5883_1253850534.
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The Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 (RICA) that regulates the monitoring of electronic communications has not yet been tested by our courts. This paper explores the likelihood of an infringement of an employee's right to privacy by an employer in the process of intercepting the latters electronic communications. It is argued that there is no explicit provision of the protection of the right to privacy that is provided in the LRA. It is further argued that the provisions of section 4, 5 and 6 of RICA as they stand do not necessarily provide for the protection of an employee's right to privacy, but the incorporation of these sections could be construed as meaning that the legislature or the framers of the legislation intended to limit the employers right to trade freely, at the same breath, limit the employees right to privacy. It is argued that RICA does not provide protection for the right to privacy wherein consent has been obtained under duress or based on misrepresentation of facts. It is contended that the interception of employees electronic communications in such circumstances would be regarded as an infringement of such employees right to privacy. The burden of proving duress or misrepresentation of facts rests on the employee who alleges that such consent was obtained under duress or based on misrepresentation of facts. It is also argued that RICA does not define the meaning of the words in the course of carrying on of business or reasonable steps provided in section 6 of RICA. It is argued that the meaning of in the course of carrying on of business would be determined by the type of the industry upon which the business operates, as well as the circumstances of the case. Reasonable steps would be regarded as being taken if employers notify employees that their electronic communications would be intercepted..."
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Frantz, Courtney Siler. "An electronic storage and access system for special education legislation." W&M ScholarWorks, 1995. https://scholarworks.wm.edu/etd/1539618425.
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In the field of education, instructional leaders must know the regulations governing the assessment, curriculum, and instruction of all students. An area of special concern is the regulations governing programs for students with disabilities. Although the average population of students with disabilities may represent less than 10% of the total student body, the school administrator is responsible for maintaining access to the most current regulations, for accurately interpreting, and effectively implementing federal and state mandates to ensure that the due process rights of the students with disabilities are upheld. Yet the laws and regulations governing special education programs are continually changing. Having immediate and accurate access to the most current regulations are critical problems for administrators of special education programs.;One means of providing the regulations is the computer. With the use of hypertext-based software, computers are presently and successfully being used in business and medicine for training and reference storage. Therefore, SpeciaLink was developed to serve as a prototypical system for the delivery of the regulations governing special education programs.;To evaluate SpeciaLink, an experiment was conducted to test the effectiveness and efficiency of manipulating and extracting the stored regulations. A controlled experiment involving the use of hypertext programming was conducted in Virginia school districts. The research project used a random sample of secondary school administrators from 15 school districts. The sample frame participants were given a survey to identify their knowledge of the Virginia Regulations Governing Special Education Programs for Children with Disabilities, 1994. For a trial period of two months, the experimental group was given the software, SpeciaLink, that allowed them to electronically access the regulations. After the trial, the entire sample frame was re-surveyed.;Following the pilot program, statistical interpretation of the results revealed that a hypertext-based system is an effective and efficient tool for manipulating and extracting information from the regulations governing special education programs. Because the hypertext-based software promises to be so useful in special education, future research should examine the possibilities of expanding the use of electronically storing local mandates and court litigation that pertain to special education programming.
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Karjiker, Sadulla. "Open-source software and the rationale for copyright protection of computer programs." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80044.
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Thesis (LLD)--Stellenbosch University, 2013.ENGLISH ABSTRACT: The rationale for the legal protection of copyright works is based on the perceived need to encourage the creation of works which are considered to be socially beneficial. By awarding authors proprietary rights in their creations, copyright law allows authors the ability to earn direct financial returns from their efforts, and, thus, copyright law provides the required incentives for authors to create copyright works. Since the early days of commercial software development, copyright protection has been extended to computer programs; thus, by providing such protection it was assumed that their production should be encouraged, and that without such protection they will not be produced to the extent required by society. Comparatively recently, we have witnessed large-scale production of open-source software, which is licensed on generous terms, giving users the right to freely use, modify and redistribute such software. By adopting such licensing terms, the authors of open-source software are unable to charge licensees a fee for permission to use their software, which is the reward which copyright assumes authors seek to create such software. This development has made it necessary to re-evaluate the rationale for copyright protection of computer programs, and determine whether the continued protection of computer programs is justifiable. This study seeks to first establish a coherent theoretical justification for copyright protection, which it is submitted should be an economic justification, rather than a moral justification. The legal analysis in this work seeks to establish whether the copyright protection of computer programs is consistent with the economic justification for copyright protection. In particular, the analysis focuses on the current scope of copyright protection, and seeks to establish whether such protection is excessive, stifling creativity and innovation, and, thus, imposing too high a social cost. It is contended that copyright doctrine has generally sought to minimise these costs, and that current scope of copyright protection of computer programs leaves enough creative room for the production of new software. Despite the fact that the effect of open-source software licences is that authors are unable to earn the direct financial rewards which copyright enables authors to earn as an incentive to create such software, their authors continue to have financial incentives to create such software. Commercial firms who invest in open-source software do so because they seek to provide financially-rewarding related services in respect of software, or because it serves to promote sales in their complementary products. Similarly, the participation of individual computer programmers is largely consistent with the standard economic theories relating to labour markets and the private provision of public goods. Individuals are principally motivated by economic motives, such as career concerns. Copyright protection gives participants the choice to opt for the direct financial rewards which its proprietary protection enables, or the more indirect financial rewards of open-source software development. It is submitted within this research that rather than undermining the rationale for copyright protection of computer programs, the development of open-source software has illustrated that copyright protection allows for the emergence of alternative business models, which may be more economically advantageous to authors.
AFRIKAANSE OPSOMMING: Die rasionaal agter outeursregbeskerming wat deur die reg verleen word is gebasseer op 'n behoefte om die skepping van werke wat sosiaal voordelig geag word te bevorder. Outeursreg verleen aan outeurs direkte finansiële vergoeding vir hul inspanning deur die vestiging van eiendomsreg oor hul werke. Dus, outeursreg voorsien outeurs van die nodige insentiewe om sulke werke te skep. Sedert die begindae van kommersiële sagteware ontwikkeling, is outeursregbeskerming uitgebrei om aan rekenaarprogramme sulke beskerming te bied. Deur die bied van outeursregbeskerming word daar aangeneem dat die ontwikkeling van rekenaarprogramme aangemoedig word en dat sonder die genoemde beskerming programme nie geproduseer sal word tot in 'n mate benodig deur die samelewing nie. Onlangs egter, is daar 'n grootskaalse ontwikkeling van oopbronsagteware opgemerk. Hierdie sagteware word onder ruime terme gelisensieer en gee aan gebruikers die reg om die genoemde sagteware te gebruik, te wysig en vrylik te versprei. Deur sulke terme van lisensiëring aan te neem word outeurs verhoed om vanaf lisensiehouers 'n fooi te vorder vir die toestemming om die sagteware te gebruik. Outeursreg neem aan dat hierdie vergoeding die basis vorm waarom outeurs sulke sagteware ontwikkel. Hierdie ontwikkeling maak dit nodig om die rasionaal agter outeursregbeskerming van rekenaarprogramme te her-evalueer en ook om vas te stel of die volgehoue beskerming van rekenaarprogramme regverdigbaar is. Hierdie studie poog om, eerstens, 'n samehangende teoretiese regverdiging vir outeursreg te vestig. Daar word aan die hand gedoen dat hierdie beskerming 'n ekonomiese, eerder as 'n morele regverdiging as grondslag moet hê. Die regsontleding vervat in hierdie werk poog om vas te stel of die outeursregbeskerming wat aan rekenaarprogramme verleen word in lyn is met die ekonomiese regverdiging van outeursregbeskerming. Die analise fokus in besonder op die huidige bestek van outeursregbeskerming en poog om vas te stel of sodanige beskerming oormatig is, of dit kreatiwiteit en innovasie onderdruk en derhalwe te hoë sosiale koste tot gevolg het. Daar word geargumenteer dat outeursreg in die algemeen poog om sosiale koste te verlaag en dat die huidige omvang van outeursregbeskerming van rekenaarprogramme voldoende kreatiewe ruimte vir die ontwikkeling van nuwe sagteware laat. Die effek van oopbronsagteware is dat outeurs nie in staat is om direkte finansiële vergoeding te verdien, wat as insentief gesien word vir die ontwikkeling van sagteware, nie. Ten spyte hiervan is daar steeds voldoende finansiële insentiewe om sodanige sagteware te ontwikkel. Kommersiële firmas belê in oopbronsagteware om finansiëel lonende verwante dienste ten opsigte van sagteware te voorsien. Dit kan ook dien om verkope in hul onderskeie aanvullende produkte te bevorder. Eweweens is die deelname van individuele rekenaarprogrameerders oorwegend in lyn met die standaard ekonomiese teoriëe ten opsigte van die arbeidsmark en die privaat voorsiening van openbare goedere. Individue word gemotiveer deur ekonomiese motiewe, soos byvoorbeeld oorwegings wat verband hou met hul loopbane. Outeursregbeskerming bied aan deelnemers die keuse om voordeel te trek uit die direkte finansiële vergoeding wat moontlik gemaak word deur outeursregbeskerming of uit die meer indirekte finansiële vergoeding gebied deur die ontwikkeling van oopbronsagteware. In hierdie navorsing word daar geargumenteer dat die ontwikkeling van oopbronsagteware geillustreer het dat outeursregbeskerming die onstaan van alternatiewe besigheidsmodelle toelaat wat ekonomies meer voordelig is vir outeurs in plaas daarvan dat dit die rasionaal vir die outeursregbeskerming van rekenaarprogramme ondermyn.
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Bac, Joanna Ewa. "Software intelligence (SI), dependent legal personhood & SI-human amalgamation : an evolutionary step for US patent law and SI." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237873.
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This doctoral thesis addresses the question of why and how the United States of America (US) legal system should grant legal personhood to software intelligence (SI). This new legal status of SI is visualised as a dependent type of person. The SI dependent legal person would be determined by an inextricable connection between SI and a new type of corporate body, introduced here as SI-Human Amalgamation (SIHA). SI has been defined as one or more computer programmes with an ability to create work that is unforeseen by humans. This includes SI capacity to generate unforeseen innovations, patentable inventions and/or infringe the rights of other patent holders. At present, SI is an entity unrecognised by law. The fact that SI is neither a natural nor a legal person indicates that it cannot be considered the rights' owner or liability bearer. This in turn creates tensions both in society and legal systems because questions, such as, who should hold those rights or be liable for autonomous acts of SI, remain unanswered. It is argued that the SI dependent legal person and SIHA, are necessary to address the new challenges introduced by SI. SI and SIHA, their creativity and actions would be distinct from those performed by human beings involved in the creation of this amalgamation, such as SI's operators or programmers. As such, this structure would constitute an amalgamation based on human beings and SI cooperation (SIHA). SI, as a dependent legal person, would hold the patents rights to its own inventions thus ensuring favourable conditions for the incentives of the US patent system. In addition, the proposed legal framework with the use of legislative instruments could address any liability concerns arising from the foreseen and unforeseen actions, omissions and failure to act of SI.
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Steh, Stephen R. "Unauthorized Access Crimes." Youngstown State University / OhioLINK, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=ysu1254939817.
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Nichols, Kenneth Nolan. "Technical-legal aspects of software patents." CSUSB ScholarWorks, 1996. https://scholarworks.lib.csusb.edu/etd-project/1249.
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Andre, Edward E. "Investigating information management weaknesses in a local government organisation: A critical hermeneutic ethnographic case study of internet documents from information warfare and legal perspective(s)." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2005. https://ro.ecu.edu.au/theses/633.
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In this thesis I develop an approach to analyse and interpret internet documents belonging to a particular organisation in a State of Australia. My intention in the research is to find ways to protect a local government organisation from litigation and other threats due to weaknesses in information management on the internet. Based on Gadamer's (1985) approach to the interpretation of text discourse, this thesis is a critical hermeneutic ethnographic case study of one local government organisation investigating internet docunents from information warfare and legal perspective(s).
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O'Brien, N. D. "The liability of Internet service providers for unlawful content posted by third parties." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1149.
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Internet Service Providers (ISP’s) are crucial to the operation and development of the Internet. However, through the performance of their basic functions, they faced the great risk of civil and criminal liability for unlawful content posted by third parties. As this risk threatened the potential of the Internet, various jurisdictions opted to promulgate legislation that granted ISP’s safe harbours from liability. The South African (RSA) response is Chapter XI of the Electronic Communications and Transactions Act (ECTA). The protection it provides is however not absolute. It is limited to ISP’s that are members of an Industry Representative Body (IRB) and those ISP’s must perform particular functions in relation to third party content in a certain manner to obtain limited liability. Due to the ECTA’s limited application and a lack of authority, the question is raised as to what is the liability of ISP’s for unlawful content posted by third parties? This dissertation pays particular attention to ISP liability for third party defamatory statements, hate speech, and obscene and indecent material. The role and characteristics of ISP’s in the functioning of the Internet is described. It is determined that a wide legal definition would be required to encompass the many roles they perform. The definition provided by the ECTA is wide and many different types of ISP can fall underneath it. This may have unintended consequences as entities may receive protection that the legislature did not intend. The appropriate laws in the United States of America (USA) and the United Kingdom are surveyed and suggestions as to the extent of ISP liability in circumstances where the ECTA does not apply are made. It is established that their position is uncertain due to difficulties in applying the law to the Internet. This could result in the law being applied incorrectly and ISP’s erroneously found liable. The ECTA’s threshold requirements limit the availability of the safe harbor provisions to ISP’s that are members of a recognised IRB. The IRB must comply with an extensive set of requirements to obtain recognition. The purpose of these requirements is to ensure that only responsible ISP’s obtain the protection provided by the act. After an examination of these requirements, their necessity is questioned as their purpose appears to be contrary to the logic of the safe harbours provided by the ECTA. The safe harbours are analysed and comparisons made to similar legislation that exists in the USA and the European Union (EU). It was established that the ECTA is a hybrid of the USA and EU legislation, and to a certain extent improves on them. It was suggested that the extent of ISP liability in relation to certain unlawful content is clearer under the ECTA. However, exceptions may exist in relation to hate speech and obscene and indecent content as a result of legislation that does not properly take the technology of the Internet into account. It was recommended that certain action be taken to correct this position to prevent any negative effects on the Internet industry and conflict with the objectives of the ECTA. The provision of limited liability contained in the ECTA is balanced with a notice and takedown procedure, which provides relief to victims of unlawful content. This procedure is analysed and it appears to be effective in providing relief. However, through an examination of concerns raised in relation to this type of procedure as it exists in the USA and the EU, it is suggested that certain flaws exist. The take-down procedure negatively effects the freedom of expression and the third party’s rights to due process. Further, the threshold requirements result in not all the users of the Internet being provided with the same remedies. It is recommended that certain action be taken to correct these flaws. The solution provided by the ECTA should be favoured over the uncertainty that existed before it promulgation. It may be necessary to correct particular flaws that exist. Certain recommendations are suggested in this regard and the concluding chapter.
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Upton, Oren K. "Asserting national sovereignty in cyberspace : the case for Internet border inspection." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Jun%5FUpton.pdf.
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Funk, Antje Elisabeth Margarete. "Criminal liability of Internet providers in Germany and other jurisdictions." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/70134.
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Thesis (LLM)--Stellenbosch University, 2004ENGLISH ABSTRACT: This thesis deals with the criminal liability of Internet providers. The focus is on Germany, but the analysis is put in a wider, comparative context. This is done with reference to South Africa, as well as Europe and the American system. This thesis demonstrates and discusses the existing legal norms to regulate Internet provider liability for illegal content on the Internet and the international efforts to deal with this issue. In the introduction it is shown how the Internet has given rise to a new form of global communication and the accompanying legal problems. This is followed by an examination of the different functions Internet providers have. A survey of some of the important crimes affecting the Internet and also some Internet-specific offences put the more general issue of liability in a more specific context. Traditional and new forms of crimes are discussed. This section is followed by an analysis of Internet provider liability under German criminal law and Germany's Teleservices Act. From an international criminal law perspective some international instruments, like the Cybercrime Convention of the Council of Europe, is discussed. National legislation, especially in the context of the European Union, must always be put in the proper regional and international context. The thesis concludes with some thoughts on alternative, or perhaps complementary, methods to fight illegal and criminal conduct on the Internet. This is done not as a critique of the responses to Internet crime, but rather to strengthen the many hands trying to reduce Internet crime.
AFRIKAANSE OPSOMMING: Hierdie tesis handeloor die strafregtelike aanspreekliheid van Internet diensverskaffers. Die fokus val op Duitsland, maar die analise word ook geplaas in 'n wyer, vergelykende konteks. Dit word gedoen met verwysing na Suid-Afrika, sowel as Europa en die VSA. Die tesis demonstreer en bespreek die bestaande regsnorme wat Internet diensverskaffers reguleer met spesifieke verwysing na aanspreeklikheid vir onwettige inhoud op die Internet en internasionale pogings om hierdie probleem aan te spreek. Ter inleiding word daar aangetoon hoe die Internet aanleiding gee tot nuwe vorme van globale kommunikasie en die regsprobleme wat dit tot gevolg het. Dit word gevolg deur 'n ondersoek na die verskillende funksies van Internet verskaffers. 'n Ontleding en bespreking van Internet-spesifieke misdrywe plaas die meer algemene vraagstuk in 'n meer gefokusde konteks. Tradisionele en nuwe vorme van misdaad word bespreek. Hierdie afdeling word gevolg deur 'n ontleding van Internet diensverskaffer aanspreeklikheid ingevolge Duitse reg en die Duitse wetgewing op die terrein van telediens. Uit 'n internasionale strafreg oogpunt word sekere internasionale instrumente, soos die Cybercrime Convention van die Raad van Europa, bespreek. Nasionale wetgewing, veral in die konteks van die Europese Unie, word ook in die relevante regionale en internasionale konteks geplaas. Die tesis word afgesluit met sekere gedagtes oor alternatiewe, of moontlik komplimentêre, metodes in die stryd teen Internet-kriminaliteit. Dit moet nie gesien word as kritiek op die huidige stand van sake nie, maar eerder as 'n poging om die talle rolspelers in die stryd teen Internet misdaad se hande te sterk.
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Hodge, Dominic Shaughn. "The income tax consequences of the in-house development of software." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1013550.
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The objective of this thesis was to explore the nature of expenditure incurred on the internal development of software and its treatment in terms of the accounting and taxation frameworks to which it is subject. In fulfilling the primary objective the thesis had a number of subsidiary considerations. These included, firstly, a brief analysis of the approach of the software industry in South Africa to the taxation treatment of this type of software. The second consideration was a discussion and analysis of the taxation framework which differentiates between capital and revenue and the extent to which the receipts produced by internally developed software may be informative of the nature of the expenditure. The third was an analysis of the deductibility of expenditure incurred in the production of software with the fourth analysing the tests employed in the determination of whether expenditure is capital or revenue in nature. The fifth objective was to briefly analyse the accounting standards which find application in the determination of whether or not the software created can be considered a capital asset. The final subsidiary objective of the thesis was an analysis of the taxation framework applicable to software in respect of research and development incentives, as well as the position in the United States of America. Throughout the thesis the most apparent commonality is that there exists a significant level of uncertainty as to the taxation treatment of software both in South Africa and in America. The research concludes by stating that such uncertainty is prejudicial to the interests of research and development in relation to software.
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Saganich, Robert Lee. "An investigation of electronic Protected Health Information (e-PHI) privacy policy legislation in California for seniors using in-home health monitoring systems." Diss., NSUWorks, 2019. https://nsuworks.nova.edu/gscis_etd/1075.
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This study examined privacy legislation in California to identify those electronic Protected Health Information (e-PHI) privacy policies that are suited to seniors using in-home health monitoring systems. Personal freedom and independence are essential to a person's physical and mental health, and mobile technology applications provide a convenient and economical method for monitoring personal health. Many of these apps are written by third parties, however, which poses serious risks to patient privacy. Current federal regulations only cover applications and systems developed for use by covered entities and their business partners. As a result, the responsibility for protecting the privacy of the individual using health monitoring apps obtained from the open market falls squarely on the states.
The goal of this study was to conduct an exploratory study of existing legislation to learn what was being done at the legislative level to protect the security and privacy of users using in-home mobile health monitoring systems. Specifically, those developed and maintained by organizations or individuals not classified as covered entities under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The researcher chose California due to its reputation for groundbreaking privacy laws and high population of seniors.
The researcher conducted a content analysis of California state legislation, federal and industry best practices, and extant literature to identify current and proposed legislation regarding the protection of e-PHI data of those using in-home health monitoring systems.
The results revealed that in-home health monitoring systems show promise, but they are not without risk. The use of smartphones, home networks, and downloadable apps puts patient privacy at risk, and combining systems that were not initially intended to function together carries additional concerns. Factors such as different privacy-protection profiles, opt-in/opt-out defaults, and privacy policies that are difficult to read or are not adhered to by the application also put user data at risk.
While this examination showed that there is legislative support governing the development of the technology of individual components of the in-home health monitoring systems, it appears that the in-home health monitoring system as a whole is an immature technology and not in wide enough use to warrant legislative attention. In addition – unlike the challenges posed by the development and maintenance of the technology of in-home health monitoring systems – there is ample legislation to protect user privacy in mobile in-home health monitoring systems developed and maintained by those not classified as covered entities under HIPAA. Indeed, the volume of privacy law covering the individual components of the system is sufficient to ensure that the privacy of the system as a whole would not be compromised if deployed as suggested in this study. Furthermore, the legislation evaluated over the course of this study demonstrated consistent balance between technical, theoretical, and legal stakeholders.
This study contributes to the body of knowledge in this area by conducting an in-depth review of current and proposed legislation in the state of California for the past five years. The results will help provide future direction for researchers and developers as they struggle to meet the current and future needs of patients using this technology as it matures. There are practical applications for this study as well. The seven themes identified during this study can serve as a valuable starting point for state legislators to evaluate existing and proposed legislation within the context of medical data to identify the need for legislation to assist in protecting user data against fraud, identity theft, and other damaging consequences that occur because of a data breach.
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Gottschalk, Jason Howard. "Towards an evaluation and protection strategy for critical infrastructure." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1018793.
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Critical Infrastructure is often overlooked from an Information Security perspective as being of high importance to protect which may result in Critical Infrastructure being at risk to Cyber related attacks with potential dire consequences. Furthermore, what is considered Critical Infrastructure is often a complex discussion, with varying opinions across audiences. Traditional Critical Infrastructure included power stations, water, sewage pump stations, gas pipe lines, power grids and a new entrant, the “internet of things”. This list is not complete and a constant challenge exists in identifying Critical Infrastructure and its interdependencies. The purpose of this research is to highlight the importance of protecting Critical Infrastructure as well as proposing a high level framework aiding in the identification and securing of Critical Infrastructure. To achieve this, key case studies involving Cyber crime and Cyber warfare, as well as the identification of attack vectors and impact on against Critical Infrastructure (as applicable to Critical Infrastructure where possible), were identified and discussed. Furthermore industry related material was researched as to identify key controls that would aid in protecting Critical Infrastructure. The identification of initiatives that countries were pursuing, that would aid in the protection of Critical Infrastructure, were identified and discussed. Research was conducted into the various standards, frameworks and methodologies available to aid in the identification, remediation and ultimately the protection of Critical Infrastructure. A key output of the research was the development of a hybrid approach to identifying Critical Infrastructure, associated vulnerabilities and an approach for remediation with specific metrics (based on the research performed). The conclusion based on the research is that there is often a need and a requirement to identify and protect Critical Infrastructure however this is usually initiated or driven by non-owners of Critical Infrastructure (Governments, governing bodies, standards bodies and security consultants). Furthermore where there are active initiative by owners very often the suggested approaches are very high level in nature with little direct guidance available for very immature environments.
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Mostert, Charl. "The benefits of contractual causes in mitigating project failures using business system projects." Thesis, Cape Peninsula University of Technology, 2014. http://hdl.handle.net/20.500.11838/1778.
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Dissertation submitted in partial fulfilment of the requirements for the degree
Master of Technology of Technology: Business Information Systems
in the Faculty of Business
at the Cape Peninsula University of TechnologyThis study evaluates the utilisation and effectiveness of contract clauses in Information Technology (IT) and Information System (IS) projects in South Africa to address and mitigate key risks associated with these types of projects. This study established whether specific clauses were being utilised to address key risks, and where clauses were being utilised, whether these clauses were effective in addressing and mitigating the impact of these key risks. The need for the study arose because the researcher had experienced on several occasions in his workplace that contracts which appeared fail-safe during the negotiation stage did not reach the proposed targets, let alone maturity of the agreement. To establish whether colleagues in similar positions in computer-based organisations experienced similar disruptions a quantitative questionnaire was distributed to organisations in the Johannesburg area to gain an insight into their risk profile. Risk could arise from the contract construction and/or wording. Reference was made to the contracts in the engineering environment where standard contracts have been in place for a number of years. Specifically the New Engineering Contract (NEC) of 2011 and the Professional Services Contract were consulted. The study concentrated on four categories of risk identified in a literature review, namely corporate management risk, project management risk, resource utilisation risk and technology risk, which resulted in 42 sub-factors examined. The population of suitable and relevant IT and IS companies could not be definitely established but the researcher made telephonic contact with known organisations and 24 participants agreed to participate in the exercise; 12 service providers and 12 clients of providers, where 78% of participants experienced one or more of the risk factors, and 53% used NEC standard contracts.
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Basilio, Bernardo I. "Knowledge-based classification scheme for regulating the flow of hazardous materials through tunnels." Thesis, Virginia Polytechnic Institute and State University, 1987. http://hdl.handle.net/10919/91097.
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Safety is a major concern for tunnel operators. Local authorities responsible for tunnel facilities are concerned with developing restrictions for hazardous materials passing through the facility that will reduce the risk of death and injury, to an extent that these restrictions do not burden commerce unnecessarily.
Hazardous material regulatory controls for tunnels are extensive, detailed, and subject to constant changes. The general lack of expertise in tunnel personnel and the lack of a scientific basis leading to the development of these regulations have created problems to local tunnel authorities when updating the restrictions, or when faced with new materials introduced by the industry. Traditionally, most regulatory restrictions enforced both at the federal and the local level are based exclusively on subjective estimation by a panel of experts and on political influence. Experts, however, are not readily available and are expensive to maintain. The need for immediate decisions has constrained tunnel operators to rely on their own intuition in addressing real time transport safety problems in tunnel facility.
To address some of these problems, this research investigates the application of knowledge engineering tools to develop a consultative regulatory control system. Specifically, this study presents a structural framework for developing a knowledge-based expert system as an aid to decision-making in tunnel transport safety.
The regulatory problem is modeled as a classification type of problem, which lends itself neatly to an expert system application. Heuristic problem solver which is commonly used in solving classification problem involves the systematic matching of the attributes of an unknown entity to a set of pre-defined solutions. For this study's application, the regulatory groupings inherent in existing tunnel regulations are the basis for developing the solution space. The computer program developed uses knowledge which specifies the appropriate regulation applicable to a new commodity based on the material's physical and chemical properties.M.S.
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Balan, Júnior Osvaldo [UNESP]. "O estabelecimento virtual na sociedade técnica: a necessária busca de segurança jurídica nas transações comerciais." Universidade Estadual Paulista (UNESP), 2011. http://hdl.handle.net/11449/98930.
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balanjunior_o_me_fran.pdf: 1517696 bytes, checksum: ab435b5e58869752ea0cd89ca36317b8 (MD5)O presente trabalho buscará trazer uma profunda reflexão sobre o avanço técnico na sociedade moderna do instituto denominado estabelecimento virtual, assim como seus reflexos nas mais variadas searas. Buscar-se-á compreender este fenômeno através do estudo da técnica, tudo com base nas obras do pensador Jacques Ellul, que trilhou sobre as mais diversas áreas do conhecimento no século passado, com extremo brilhantismo, podendo, além disso, ser considerado um visionário. Mostrar-se-ão os problemas que o avanço tecnológico vem trazendo, os quais complicam o ser humano em sua vida particular, criando neuroses, fruto da adaptação deste ao mundo moderno. Para tanto e de forma mais analítica estudar-se-ão as características da técnica moderna, as quais permitem entender como se dá o desenvolvimento da técnica. Buscar-se-á compreender também o que vem a ser a informação, a principal técnica da atualidade, e as diferentes concepções sobre a sociedade contemporânea. Além disso, analisar-se-á a influência da imagem na sociedade técnica e sua predominância em relação à palavra. Necessária também se mostrou a análise do que vem a ser o comércio eletrônico, o novo modelo de realizações negociais, que se apresenta em franco crescimento. Assim, o estabelecimento virtual surge dentro deste contexto, não permitindo a criação de obstáculos, se encontrando atualmente em todo o mundo, sem enxergar as diferenças culturais e as menosprezando, trazendo uma uniformidade ao mundo, tanto pela forma de comercializar, como pelos produtos que expõe. Mas não são todas as pessoas do globo que tem acesso a este, sendo este outro grande problema apresentado pelo estabelecimento virtual: a exclusão digital. Por conseguinte, demonstrar-se-á...
The present study will try to create a profound reflexion about the technical advance in the modern society of the institute known as virtual establishment, and also its reflexes in a variety of associations. One of the objectives, is to understand this phenomenon thought the study of the technique, all based on the publications of the philosopher Jacques Ellul, who disserted about the various parts of knowledge in the last century with extreme brilliance,making him a true visionary. The problems brought by technological advances will be shown, these can complicated one´s private life, generating neurosis, a product of its adaptation to the modern world. To do so in an analytical form, the characteristics of the modern technique will be studied, permitting tounderstand the development of the technique. The meaning of information, the principal technique used in the actuality, and its different conceptions in contemporaneous society will be explained, and also, the influence of image in the technical society and its predominance in relation with words will be analyzed. The analyses of what is electronic marketing, a new model of business transactions that is in fast growth should also be done. The virtual market appears inside this context, without obstacles, spreading to the entire globe, with no eyes for cultural differences, bringing uniformity to the world, not just in the way to shop but also on the products available. But not everyone has access to it, being this a big problem presented by the virtual establishment: the digital exclusion. In this work, there will be shown the necessity of development of ways to advance in the virtual technique, ways that show be the result of a critical and reflexive posture of the man, which is rarely seen now a days. This work will be based on comparison of the traditional establishment... (Complete abstract click electronic access below)
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Sundstrom, Linda-Marie. "Internet radio: Identifying administrative and regulatory gaps in a cyberspace world without borders." CSUSB ScholarWorks, 2002. https://scholarworks.lib.csusb.edu/etd-project/2137.
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The purpose of this paper is to identify gaps in regulatory policies resulting from the emergence of Internet radio. To accomplish this purpose, the paper seeks to: 1) provide insights into agencies that may have direct involvement in potentially regulating Internet radio; 2) explore the concepts of jurisdiction in cyberspace; and 3) address the regulatory challenges that exist when traditional country borders no longer apply.
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Desai, Mohammed Reza. "An integrated approach for information security compliance in a financial services organisation." Thesis, Cape Peninsula University of Technology, 2016. http://hdl.handle.net/20.500.11838/2396.
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Thesis (MTech (Information Technology))--Cape Peninsula University of Technology, 2016.The aim of this research is to identify and explore the factors affecting information security compliance of information security policies and regulations, in a financial services organisation. The organisation has to comply with information security regulations and legislations by righteousness of its operations in light of the fact that any wrong doing together with misuse of data, are continually expanding. Corporate embarrassments comes about due to rupture of security, results in expanded thoughtfulness regarding corporate consistency. Legislature and policies have been set up to counter information security issues. This legislature and policies are not adequately addressing the compliance issues that arise, but are needed within organisations. Compliance targets are not met due to inconsistent guidelines that turns out to be significant in diminishing the financial position, reputation and security of information. This research further aims to explore whether employees comply with laws and regulations regarding information in an organisation. This is done in order to confirm whether governance and human factors play any significant part in compliance. The research is an exploratory study and specifically analyses the governance function and which stakeholders influence its operations in information compliance. The research investigates certain questions on organisational culture and the human factor, do influence employee’s compliance to laws and regulations. The objectives of the research are to investigate which factors, and how such factors influence compliance of information security policies and compliance with the goal of designing an integrated framework to assist in counteracting these findings. The research is underpinned by the Neo-institutional theory, Agency Theory and Rational choice theory. The Denison organisational cultural model and a framework proposed by von Solms are used as lenses to interpret the data of the research.
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孫陸陽. "暗網絡犯罪的刑法問題研究 =Research on criminal law of dark network crime." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3950654.
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Balan, Júnior Osvaldo. "O estabelecimento virtual na sociedade técnica : a necessária busca de segurança jurídica nas transações comerciais /." Franca : [s.n.], 2011. http://hdl.handle.net/11449/98930.
Full textAbstract:
Orientador: Jorge David Barrientos-ParraBanca: Rui Décio Martins
Banca: Jorge Luis Mialhe
Resumo: O presente trabalho buscará trazer uma profunda reflexão sobre o avanço técnico na sociedade moderna do instituto denominado estabelecimento virtual, assim como seus reflexos nas mais variadas searas. Buscar-se-á compreender este fenômeno através do estudo da técnica, tudo com base nas obras do pensador Jacques Ellul, que trilhou sobre as mais diversas áreas do conhecimento no século passado, com extremo brilhantismo, podendo, além disso, ser considerado um visionário. Mostrar-se-ão os problemas que o avanço tecnológico vem trazendo, os quais complicam o ser humano em sua vida particular, criando neuroses, fruto da adaptação deste ao mundo moderno. Para tanto e de forma mais analítica estudar-se-ão as características da técnica moderna, as quais permitem entender como se dá o desenvolvimento da técnica. Buscar-se-á compreender também o que vem a ser a informação, a principal técnica da atualidade, e as diferentes concepções sobre a sociedade contemporânea. Além disso, analisar-se-á a influência da imagem na sociedade técnica e sua predominância em relação à palavra. Necessária também se mostrou a análise do que vem a ser o comércio eletrônico, o novo modelo de realizações negociais, que se apresenta em franco crescimento. Assim, o estabelecimento virtual surge dentro deste contexto, não permitindo a criação de obstáculos, se encontrando atualmente em todo o mundo, sem enxergar as diferenças culturais e as menosprezando, trazendo uma uniformidade ao mundo, tanto pela forma de comercializar, como pelos produtos que expõe. Mas não são todas as pessoas do globo que tem acesso a este, sendo este outro grande problema apresentado pelo estabelecimento virtual: a exclusão digital. Por conseguinte, demonstrar-se-á... (Resumo completo, clicar acesso eletrônico abaixo)
Abstract: The present study will try to create a profound reflexion about the technical advance in the modern society of the institute known as virtual establishment, and also its reflexes in a variety of associations. One of the objectives, is to understand this phenomenon thought the study of the technique, all based on the publications of the philosopher Jacques Ellul, who disserted about the various parts of knowledge in the last century with extreme brilliance,making him a true visionary. The problems brought by technological advances will be shown, these can complicated one's private life, generating neurosis, a product of its adaptation to the modern world. To do so in an analytical form, the characteristics of the modern technique will be studied, permitting tounderstand the development of the technique. The meaning of information, the principal technique used in the actuality, and its different conceptions in contemporaneous society will be explained, and also, the influence of image in the technical society and its predominance in relation with words will be analyzed. The analyses of what is electronic marketing, a new model of business transactions that is in fast growth should also be done. The virtual market appears inside this context, without obstacles, spreading to the entire globe, with no eyes for cultural differences, bringing uniformity to the world, not just in the way to shop but also on the products available. But not everyone has access to it, being this a big problem presented by the virtual establishment: the digital exclusion. In this work, there will be shown the necessity of development of ways to advance in the virtual technique, ways that show be the result of a critical and reflexive posture of the man, which is rarely seen now a days. This work will be based on comparison of the traditional establishment... (Complete abstract click electronic access below)
Mestre
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劉漢傑. "電腦犯罪若干問題研究 =Research into the some question of computer crime." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3570914.
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Jeppson, Jonas. "The OECD cryptography policy guidelines and their implementation /." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31164.
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The Organization for Economic Co-operation and Development (OECD) issued on 27 March 1997 a recommendation concerning cryptography policy guidelines in an attempt to foster international co-operation and harmonization. Information is becoming increasingly valuable in society. Globalization of markets, improvements in information and communication technology and the shift to a knowledge-based economy has, furthermore, created an enormous potential for electronic commerce. Conservative estimates predict electronic commerce will have a turnover of more than US $400 billion by 2002. The increasing importance of information and communications has, however, made the information society vulnerable. Cryptography plays an important part in securing transactions in electronic commerce and moreover, in establishing a secure electronic environment in the information society. Fear of privacy infringements and lack of secure methods for electronic transactions has until now been holding electronic commerce back. Cryptographic methods are an essential part in securing electronic commerce. Law enforcement agencies and national security organizations fear, however, that widespread use of strong encryption will impede their work substantially. This thesis analyzes the advantages and disadvantages of strong encryption and how the balance of the conflicting interests has been dealt with in the OECD Cryptography Policy Guidelines. Moreover, shows the thesis how the OECD Cryptography Policy Guidelines have been implemented and makes suggestions on how the guidelines should be implemented.
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Hargreaves, C. J. "Assessing the Reliability of Digital Evidence from Live Investigations Involving Encryption." Thesis, Department of Informatics and Sensors, 2009. http://hdl.handle.net/1826/4007.
Full textAbstract:
The traditional approach to a digital investigation when a computer system is
encountered in a running state is to remove the power, image the machine using a
write blocker and then analyse the acquired image. This has the advantage of
preserving the contents of the computer’s hard disk at that point in time. However, the
disadvantage of this approach is that the preservation of the disk is at the expense of
volatile data such as that stored in memory, which does not remain once the power is
disconnected. There are an increasing number of situations where this traditional
approach of ‘pulling the plug’ is not ideal since volatile data is relevant to the
investigation; one of these situations is when the machine under investigation is using
encryption. If encrypted data is encountered on a live machine, a live investigation
can be performed to preserve this evidence in a form that can be later analysed.
However, there are a number of difficulties with using evidence obtained from live
investigations that may cause the reliability of such evidence to be questioned. This
research investigates whether digital evidence obtained from live investigations
involving encryption can be considered to be reliable. To determine this, a means of
assessing reliability is established, which involves evaluating digital evidence against
a set of criteria; evidence should be authentic, accurate and complete. This research
considers how traditional digital investigations satisfy these requirements and then
determines the extent to which evidence from live investigations involving encryption
can satisfy the same criteria. This research concludes that it is possible for live digital
evidence to be considered to be reliable, but that reliability of digital evidence
ultimately depends on the specific investigation and the importance of the decision
being made. However, the research provides structured criteria that allow the
reliability of digital evidence to be assessed, demonstrates the use of these criteria in
the context of live digital investigations involving encryption, and shows the extent to
which each can currently be met.
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Hargreaves, Christopher James. "Assessing the reliability of digital evidence from live investigations involving encryption." Thesis, Cranfield University, 2009. http://dspace.lib.cranfield.ac.uk/handle/1826/4007.
Full textAbstract:
The traditional approach to a digital investigation when a computer system is encountered in a running state is to remove the power, image the machine using a write blocker and then analyse the acquired image. This has the advantage of preserving the contents of the computer’s hard disk at that point in time. However, the disadvantage of this approach is that the preservation of the disk is at the expense of volatile data such as that stored in memory, which does not remain once the power is disconnected. There are an increasing number of situations where this traditional approach of ‘pulling the plug’ is not ideal since volatile data is relevant to the investigation; one of these situations is when the machine under investigation is using encryption. If encrypted data is encountered on a live machine, a live investigation can be performed to preserve this evidence in a form that can be later analysed. However, there are a number of difficulties with using evidence obtained from live investigations that may cause the reliability of such evidence to be questioned. This research investigates whether digital evidence obtained from live investigations involving encryption can be considered to be reliable. To determine this, a means of assessing reliability is established, which involves evaluating digital evidence against a set of criteria; evidence should be authentic, accurate and complete. This research considers how traditional digital investigations satisfy these requirements and then determines the extent to which evidence from live investigations involving encryption can satisfy the same criteria. This research concludes that it is possible for live digital evidence to be considered to be reliable, but that reliability of digital evidence ultimately depends on the specific investigation and the importance of the decision being made. However, the research provides structured criteria that allow the reliability of digital evidence to be assessed, demonstrates the use of these criteria in the context of live digital investigations involving encryption, and shows the extent to which each can currently be met.
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Harte, David. "Internet content control in Australia : data topology, topography and the data deficit." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2001. https://ro.ecu.edu.au/theses/1073.
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The success of the online adult industry has provoked a public policy controversy over the need for internet censorship, and in recent times there has emerged desire to protect minors from possibly unsuitable content. On January 1st 2000, the Broadcasting Services Amendment (Online Services) Act (Cwlth, 1999) (BSA) was proclaimed. The Act purports to regulate and control Internet content in Australia. Operating in tandem with the Act is the Internet Industry Association Code of Practice, giving Australia a co-regulatory approach to Internet content control. The Australian Broadcasting Authority (ABA) is charged with implementing the regime. This study sets out examine the Internet content control problem in the Australian context. The political issues surrounding the topic of Internet censorship and the lack of reliable operational statistics, revealed the difficulty of estimating the effectiveness of the current control regime. Pivotal questions for the study concerned the scope and scale of content control in the Australian context and trends in hosting. This study used website typology, as defined by data topology and data topography, to examine the scope and scale of the content control task, and the implications for the effectiveness of the BSA. It was expected that if the BSA was to have an impact, that a discernible change in user download behaviour should ensue. This study used information provided by the adult Internet Content Provider (ICP) industry to gauge the BSA's impact-on user download behaviour as a measure of the control regime’s effectiveness. It was suggested by some observers that the so-called 'data deficit' between Australia and the US would be exacerbated by the new content control regime, with possible negative implications for the conduct of e-commerce in Australia generally. A study of Australian adult website hosting arrangements and data topography was conducted to examine the implications of the control regime for the "data deficit'. This study suggests that most Australian online adult content is in fact hosted in the US. The reasons for offshore hosting are almost totally financial and pre-date the introduction of the Broadcasting Services Act (Online Services) Amendment Act 1999. The study also suggests that any effect on the 'data deficit' should be minimal, and that the typology of adult content websites in such that the current co-regulatory regime may prove ineffective in controlling access to adult content.
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Louw, Sanelda. "Die belastingaftrekbaarheid van sagteware." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/20434.
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Thesis (MComm)--Stellenbosch University, 2004.ENGLISH ABSTRACT: The aim of this study is to determine the applicability of the various South African Income Taxation Act sections on the deduction of software costs. A distinction is made between the various deduction sections in the Income Taxation Act that are applicable to software costs. By doing this an appropriate taxation deduction is recommended for the different types of software costs that the taxpayer incurs. Software assets and expenditure can be divided into various categories based on the acquisition agreement. The rights and assets that are obtained, differ for each category of software cost. In some instances a copyright is obtained and in other instances only a right of use is obtained. Furthermore the taxpayer receives intellectual property, an intangible asset, and/or a tangible asset. A literature study and an analysis of the different types of software costs and the four concerned Income Taxation Act sections serve as background for the consideration of the applicability of each specific deduction section in the Income Taxation Act on the various categories of software costs. By using the information obtained in the literature study and the analyses, a recommendation is made of the most applicable deduction article for each category of software cost.
AFRIKAANSE OPSOMMING: Hierdie studie het ten doel om die toepaslikheid van die verskillende Suid-Afrikaanse Inkomstebelastingwetsartikels, op die aftrekking van sagtewarekoste te bepaal. 'n Onderskeid word getref tussen die verskillende aftrekkingsartikels wat van toepassing is op sagtewarekoste in die Inkomstebelastingwet. Sodoende word 'n geskikte belastingaftrekking vir die verskillende tipes sagtewarekoste voorgestel wat deur elke belastingpligtige aangegaan word. Sagtewarebates of -uitgawes kan in verskillende kategoriee verdeel word na aanleiding van die verkrygingsooreenkoms wat aangegaan is. Die regte en bates wat verkry word verskil ten opsigte van elke kategorie sagtewarekoste. In sommige gevalle word 'n outeursreg verkry en in ander gevalle slegs 'n gebruiksreg. Verder kan of intellekuele eiendom, 'n ontasbare bate, en/of 'n tasbare bate verkry word. 'n Literatuurstudie en analise van die verskillende tipes sagtewarekoste en die vIer betrokke Inkomstebelastingwetsartikels dien as agtergrond vir die oorweging van die toepaslikheid van elke spesifieke aftrekkingsartikel in die Inkomstebelastingwet op die onderskeie kategoriee sagtewarekoste. Daama word die inligting wat bekom is in die literatuurstudie en analise gebruik om die mees toepaslike aftrekkingsartikel vir elke kategorieë sagtewarekoste voor te stel.
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Asubiaro, Omowumi Modupe. "www.crimesagainstchildren.com : addressing child pornography via the Internet in Africa." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&.
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The study focus on child pornography on the Internet as a manifestation of sexual abuse and sexual exploitation of children. The debate centres around the exacerbated effect of child pornography on victims and subsequent effects on the society. Ultimately, the study aims to highlight the various legal and non-legal responses specific to child pornography on the Internet with a view to proffer solutions to African states on how to deal with the problem. The study also lend an African voice to the ongoing debate on how to deal with the problem of child pornography on the Internet
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Souza, Ricardo Vieira de. "O ciberespaço e a jurisdição transnacional: necessidade de regulação." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21438.
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Ricardo Vieira de Souza.pdf: 1123440 bytes, checksum: e5ceefcb485691ee0e19257f666d7604 (MD5)Made available in DSpace on 2018-09-26T10:04:28Z (GMT). No. of bitstreams: 1 Ricardo Vieira de Souza.pdf: 1123440 bytes, checksum: e5ceefcb485691ee0e19257f666d7604 (MD5) Previous issue date: 2018-08-24
This work is based on the concern about the practice of illicit at the transnational level facilitated by the incessant and always renewed improvement of communication through the world wide web. If on the one hand, the internet, an indisputable product of this network, has favored the connection between people from different parts of the world, on the other hand, has brought cyber-crime to the forefront, which at the same time challenges the establishment of a criminal guardianship for cyberspace in impunity. This is due to the phenomenon of globalization, which has shortened distances in the face of technological and social advances, and the consequences of criminal law. The present research sought to justify how it is possible before the classical concepts of sovereignty that a state effectively combats transnational cyber crime. For that, points were developed as to how the classic concept of sovereignty is found; the characteristics of cyberspace; and the concepts of jurisdiction and criminal jurisdiction. Thus, a dogmatic criminal and procedural criminal analysis will be carried out if it is possible to establish a transnational criminal jurisdiction as a way of regulating cyberspace
Este trabalho parte da preocupação com a prática de ilícitos em nível transnacional facilitada pelo aprimoramento incessante e sempre renovado da comunicação através da rede mundial de computadores. Se de um lado, a internet, produto indiscutível dessa rede, favoreceu a conexão entre as pessoas de diversas partes do mundo, de outro, trouxe à baila a criminalidade cibernética, que contemporaneamente desafia o estabelecimento de uma tutela penal para o ciberespaço no que tange a impunidade. Isso decorre do fenômeno da globalização, a qual encurtou distâncias em face dos avanços tecnológicos e sociais, e as consequências causadas ao direito penal. A presente pesquisa buscou fundamentar como é possível ante os conceitos clássicos de soberania, que um Estado combata a criminalidade cibernética transnacional de maneira efetiva. Para tanto, foram desenvolvidos pontos de como encontra-se o conceito clássico de soberania; as características do ciberespaço; e os conceitos de jurisdição e competência penal. Torna-se assim efetuar uma análise dogmática penal e processual penal se é possível se instituir uma jurisdição penal transnacional como forma de regular o ciberespaço
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Breindl, Yana. "Hacking the law: an analysis of internet-based campaigning on digital rights in the European Union." Doctoral thesis, Universite Libre de Bruxelles, 2011. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209836.
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Digital rights activism constitutes an exemplary case of how internet affordances can be mobilised to engender political change. The values and principles stemming from the hacker imaginaire, and free and open source software practices, underpin digital rights activism, which uses the internet as a tool, object and platform for the protection of rights in the digital realm. The analysis focuses on how digital rights activists use and adapt the political affordances of the internet to intervene in European Union policy-making. Two original case studies of internet-based campaigning at the European level (the “No Software Patents” and the “Telecoms package” campaigns) provide in-depth insight into the campaigning processes and their impact upon parliamentary politics. The cases highlight the complementarity of online and offline collective action, by examining processes of open collaboration, information disclosure and internet-assisted lobbying. The success of the “Telecoms package” campaign is then assessed, along with the perspective of the targets: members and staff of the European Parliament.The belief in values of freedom, decentralisation, openness, creativity and progress inspires a particular type of activism, which promotes autonomy, participation and efficiency. The empirical evidence suggests that this set of principles can, at times, conflict with practices observed in the field. This has to do with the particular opportunity structure of the European Union and the characteristics of the movement. The EU favours functional integration of civil society actors who are expected to contribute technical and/or legal expertise. This configuration challenges internet-based protest networks that rely on highly independent and fluctuating engagement, and suffer from a lack of diversity and cohesion. The internet does not solve all obstacles to collective action. It provides, however, a networked infrastructure and tools for organising, coordinating and campaigning. Online and offline actions are not only supportive of each other. Internet-based campaigning can be successful once it reaches out beyond the internet, and penetrates the corridors of political institutions.
Doctorat en Information et communication
info:eu-repo/semantics/nonPublished
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Spencer, Logan Lemuella C. "Changing from the silo model to the horizontal layers model in public policy regulations : the implications and potential for the telecommunications industry /." Thesis, Available online, Georgia Institute of Technology, 2005, 2005. http://etd.gatech.edu/theses/available/etd-11282005-192311/.
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PALKA, Przemyslaw. "Virtual property : towards a general theory." Doctoral thesis, 2017. http://hdl.handle.net/1814/49664.
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Defence date: 20 December 2017Examining Board: Professor Giovanni Sartor, European University Institute (Supervisor); Professor Hans-Wolfgang Micklitz, European University Institute; Professor Roger Brownsword, King’s College London; Professor Bartosz Brożek, Jagiellonian University
The primary contribution of the thesis is a theory enhancing the legal understanding of the phenomenon of virtual property, encompassing presentation of data and a new conceptual framework to interpret it. The author argues that the normative debates concerning the phenomenon have underestimated the importance of understanding and conceptualizing it first, and aims at amending this gap. The ‘virtual property phenomenon’ refers to the users of internet platforms and online computer games ‘possessing’ virtual items – digital objects that exist within these services – and getting into economic and social relations concerning these items, with other users, service providers and third parties. These relations are regulated by different types of service-specific rules – contractual and the ‘code’ – created unilaterally by the service providers, who additionally retain the ability to interpret and enforce them, using ‘digital force’, i.e. by modifying and deleting virtual items, and blocking users’ accounts. The primary challenge stems not from the fact that the phenomenon is not regulated, but from the fact that lawyers lack words – terms and concepts – to even conduct a meaningful debate about it, or how to respond to it. The thesis consists of six chapters. Firstly, the author describes the phenomenon and analyzes the theoretical and regulatory legal challenges posed by its emergence. Secondly, he critically assesses the state of the art. Thirdly, a methodology to address these challenges is proposed, which can also be used in other research projects concerning law and technology. Fourthly, the author explains how the process of digitalization has fundamentally challenged the assumptions that private law held about the structure of reality, and proposes new doctrinal tools to conceptualize it. Fifthly, the author presents a legally useful concept of virtual items, and argues that granting users property rights over them might not be the optimal means of realizing the property goals. Finally, the author proposes a normative solution, a correction of private law, responding to the new type of inequality in relations, namely a user protection law.
Chapters 3.2.2. 'The formation of legal concepts : organic and manual acquiring of meaning'; 4.2.1. 'Objects'; 5.1.2. 'The three step-method : particularization of the Idea by the features of an object'; and 5.2.3. 'The method applied' of the thesis draws upon an earlier version published as an EUI Working Paper 2016/08 'Redefining 'property' in the digital era : when online, do as the Romans did'
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LIU, CHING-CHIA, and 劉景嘉. "A Study of Legislation on Computer Crimes under Criminal Law." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/63158231865708707433.
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碩士國立臺北大學
法律學系一般生組
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The propose of this thesis was to identify the meaning of computer crime, and discover the legal interest which computer crime law protects. Since the idea of a separate category of computer crime arose in Taiwan (Republic of China), the evolution of such legislation followed successive waves, reflecting establishing the Chapter 36 of Criminal Code of Republic of China (hereinafter criminal code) -“Offenses Against the Computer Security”. However, due to the prohibition against the computer crimes is new, the interpretation of computer crime law remains many problems in Taiwan. Therefore, at the first, the author tried to analyze the scope of computer crimes under criminal law by comparing the differences of jurisdiction between Taiwan and other common law countries, and those countries were the United States of America, the United Kingdom, Australia, and Canada. Second, the author tried to interpret the articles in Chapter 36 of Criminal Code by the result of observing different jurisdiction and analyzing the materials in Taiwan. The results are as follows. First, the concerns of each jurisdiction was to protect against unauthorized access to computer data or computer system, so the prohibition against the offenses were those computer misuse crimes, excluding the traditional criminal offenses facilitated by computers. Therefore, “computer misuse crime” should be equivalent to “computer crime”, and the author defined computer crime as the conduct that intentionally causes interference with the proper functioning of computers and computer networks, so that upsets user’s reliance on the rights and privileges provided by computer owners and operators. Furthermore, there could be divided into four categories of offenses under computer crime law in each jurisdiction , and those categories were Access Offenses, Impairment of Data, Interception of Data, and Misuse Devices. Consequently, as the author tried to distinguish the offenses against computer crime law by timeline, those offenses could be divided into Misuse Devices, Access Offenses, and Misuse and Impairment of Data. Second, as the concerns of each jurisdiction was to protect computer data or computer system under computer crime law, it was an inspiration for discovering the legal interest which is protected by the Chapter 36 of Criminal Code. Briefly, in the modern society, as the computer technology has improved and proliferated in our society, businesses, and personal daily lives, more and more people use computers and rely on them as part of their life, so the collapse of computer system or cyberspace on the internet might result in the collapse of society. Therefore, the reason why the concerns of each jurisdiction was to protect the computer data or computer system was because of maintaining order in cyberspace, and it was the exactly legal interest protected under Chapter 36 of Criminal Code. The author recommends that when interpreting the articles in the Chapter 36 of Criminal Code, it should be aware of the legal interest, which is protected in this chapter. Therefore, since the requirement of certain articles in this chapter provided as “…causing damages to the public or others…”, it should be interpreted as the defendant must truly damage the order in cyberspace so could he meet the requirement of those offenses against computer crimes.
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Hopewell, Nicholas James. "Eligibility to participate in the Olympics : ways to improve how disputes are resolved at games time." Thesis, 2004. http://hdl.handle.net/2429/15573.
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Eligibility disputes at the Olympic Games are ultimately resolved by the Ad Hoc Division
("AHD") of the Court of Arbitration for Sport. This paper critically examines the AHD
both from within and without.
The first part of this thesis describes eligibility disputes at Games time, and how they
are resolved. The paper begins with a brief look at the history of athlete participation in
the Olympic Games. It then deals with the concept of eligibility, and sets out the rules
which govern same for the Olympics. These rules are set by a number of separate but
related entities, namely the International Olympic Committee, the International
Federations, the National Olympic Committees, and, finally, the World Anti-Doping
Agency. The roles of each of these bodies are examined in order to provide the context
in which disputes are resolved.
This paper then surveys the parameters in which the AHD operates which have been
set over the years by domestic courts with an Anglo-American tradition. The
performance of the AHD is then critically examined with a view to making
recommendations for its improvement.
The second part of this thesis surveys the ways eligibility disputes are resolved in the
major north American professional sports leagues and the NCAA, with a view to
suggesting improvements in the AHD process.
This thesis concludes by offering recommendations to the AHD process in two areas:
operational and structural. Several operational improvements are suggested, the main
ones of which are that all parties affected by a dispute be offered an opportunity to
participate in before the AHD, and parties be given the opportunity to appoint the Panel.
The structural change suggested is that athletes be given formal input into the
administration of the Games, with the Athletes' Commission being the obvious body
which could form the basis for a bargaining unit. It is suggested that questions
surrounding the legitimacy of AHD will remain while ever athletes have no formal say in
its composition or operation.
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Zimmeck, Sebastian. "Using Machine Learning to improve Internet Privacy." Thesis, 2017. https://doi.org/10.7916/D8862N5F.
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Internet privacy lacks transparency, choice, quantifiability, and accountability, especially, as the deployment of machine learning technologies becomes mainstream. However, these technologies can be both privacy-invasive as well as privacy-protective. This dissertation advances the thesis that machine learning can be used for purposes of improving Internet privacy. Starting with a case study that shows how the potential of a social network to learn ethnicity and gender of its users from geotags can be estimated, various strands of machine learning technologies to further privacy are explored. While the quantification of privacy is the subject of well-known privacy metrics, such as k-anonymity or differential privacy, I discuss how some of those metrics can be leveraged in tandem with machine learning algorithms for purposes of quantifying the privacy-invasiveness of data collection practices. Further, I demonstrate how the current notice-and-choice paradigm can be realized by automatic machine learning privacy policy analysis. The implemented system notifies users efficiently and accurately on applicable data practices. Further, by analyzing software data flows users are enabled to compare actual to described data practices and regulators can enforce those at scale. The emerging cross-device tracking practices of ad networks, analytics companies, and others can be supplemented by machine learning technologies as well to notify users of privacy practices across devices and give them the choice they are entitled to by law. Ultimately, cross-device tracking is a harbinger of the emerging Internet of Things, for which I envision intelligent personal assistants that help users navigating through the increasing complexity of privacy notices and choices.
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Dagada, Rabelani. "Legal and policy aspects to consider when providing information security in the corporate environment." Thesis, 2014. http://hdl.handle.net/10500/18839.
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E-commerce is growing rapidly due to the massive usage of the Internet to conduct commercial transactions. This growth has presented both customers and merchants with many advantages. However, one of the challenges in E-commerce is information security. In order to mitigate e-crime, the South African government promulgated laws that contain information security legal aspects that should be integrated into the establishment of information security. Although several authors have written about legal and policy aspects regarding information security in the South African context, it has not yet been explained how these aspects are used in the provision of information security in the South African corporate environment.
This is the premise upon which the study was undertaken. Forty-five South African organisations participated in this research. Data gathering methods included individual interviews, website analysis, and document analysis.
The findings of this study indicate that most organisations in South Africa are not integrating legal aspects into their information security policies. One of the most important outcomes of this study is the proposed Concept Model of Legal Compliance in the Corporate Environment. This Concept Model embodies the contribution of this study and demonstrates how legal requirements can be incorporated into information security endeavours. The fact that the proposed Concept Model is technology-independent and that it can be implemented in a real corporate environment, regardless of the organisation’s governance and management structure, holds great promise for the future of information security in South Africa and abroad.
Furthermore, this thesis has generated a topology for linking legislation to the provision of information security which can be used by any academic or practitioner who intends to implement information security measures in line with the provisions of the law. It is on the basis of this premise that practitioners can, to some extent, construe that the integration of legislation into information security policies can be done in other South African organisations that did not participate in this study. Although this study has yielded theoretical, methodological and practical contributions, there is, in reality, more research work to be done in this area.School of Computing
D. Phil. (Information Systems)
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Maat, Sandra Mariana. "Cyber crime: a comparative law analysis." Diss., 2004. http://hdl.handle.net/10500/2056.
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The Electronic Communications and Transactions Act, 25 of 2002, eradicated various lacunae that previously existed in respect of cyber crimes. Cyber crimes such as inter alia hacking, rogue code, unauthorised modification of data and denial of service attacks have now been criminalised. Specific criminal provisions in relation to spamming, computer-related fraud and extortion have also been included in the Act. It is argued that theft of incorporeal items such as information has already been recognised in our law, but has not been taken to its logical conclusion in our case law. However, there are instances where neither the common law nor our statutory provisions are applicable and where there is still a need for legislative intervention. The Act sufficiently deals with jurisdiction, the admissibility of data messages, the admissibility of electronic signatures and the regulation of cryptography. Cyber inspectors are a new addition to law enforcement.Jurisprudence
L. L. M.
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Dempsey, Gillian. "Knowledge and innovation in intellectual property : the case of computer program copyright." Phd thesis, 1998. http://hdl.handle.net/1885/109408.
Full textAbstract:
Information economics 1s used to develop a model of technological
innovation which is applied to the case of computer program copyright.
A critical outline of the neo-classical economic perspective of innovation
and Arrow's concerns regarding appropriability of information is
provided. This perspective justifies intellectual property institutions as a
correction of market failure and as a "reward for invention". The same
literature marginalises countervailing arguments including monopoly
distortions, alternative sources of innovator reward and the potential for
anti-competitive strategies.
Information economics provides a distinct and preferred perspective in
the analysis of technological development and in the role of intellectual
property in the promotion of innovat~on. The conception of information
as a resource, rather than as a commodity, implies that information is part
of a shared technological capital, whose indivisibilities should be
exploited for social benefit. The information perspective conceives
innovation as a messy, evolutionary and interactive process involving
many participants, and a cycle of innovation characterised by incremental
improvements, imitation and learning strategies, and technological
trajectories influenced by bounded rationality. These environments will
also generate powerful network externalities.
A model of innovation based on these assumptions is developed which
incorporates two major distinctions. One is between tacit and codified
knowledge; the other is between technology and technological artefacts.
This knowledge-artefact distinction is defined in the innovation model by
the concept of an information technology artefact, characterised as a
physical product whose underlying means of creation is not
communicated by mere possession of that product. This innovation
model is reconciled to the intellectual property regimes of confidential
information, patent and copyright, demonstrating the use of legal
doctrines to encourage the diffusion of tacit knowledge through society.
Applying the innovation model to the question of computer programs, it
is argued that programs in their executable of machine code forms
correspond to the concept of an IT artefact, in that possession of machine
code does not imply access to the underlying source code. The process of
software development and the utility of decompilation are discussed in
this context, particularly the lack of isomorphic correspondence between
machine code and third or higher generation source code languages. The
close analogy between the software development model and the scenario
of confidential information suggests a limited role for copyright of
computer programs beyond a prohibition of literal copying or piracy.
Arguments favouring broader protection of non-literal elements of
computer programs are critically reviewed and prescriptions for
proprietary protocols, user interfaces and standards in the literature are
rejected as inconsistent with the realisation of network externalities by the
software industry. An information economics perspective instead
recommends the encouragement of reverse engineering and imitative
competition provided that developers implement their own source code
solutions to invest in the diffusion of tacit programming knowledge.
Decompilation should be permitted to provide a limited degree of access
to internal interfaces and communications protocols. Elements of a user
interface should not be protected. Copyright regimes in the United States,
Europe and Australia are assessed against the policy prescriptions
generated by the application of the innovation model to computer
programs. The influence of political actors and international pressures
such as TRIPS are noted. It is hoped that the infusion of an information
economics approach might trigger the switch in perspective needed in
policy debates to preserve the integrity of the intellectual commons.
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Jamalkhan, Nasserkhan. "What is the impact of the Cyber Crime Act on the business community in Mauritius." Thesis, 2004. http://hdl.handle.net/10413/1503.
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At this early age of the internet, the e-business environment is almost like a lawless territory. Fast movers are making fortunes whereas rebels can act with impunity and move on before the legal process can catch up. The fast expansion of cyber crimes in the world has been the motivation to perform this research on its impact on the business community in Mauritius after the devastating effects in developing countries. Organisations that are not keeping pace with these realities are becoming vulnerable to cyber criminals or hackers. An analysis of the situation in the world from the literature review has provided a better understanding of the most common crimes that are causing trouble to the businesses and obstacles to the advancement of e-commerce. Compared to earlier technological changes, the internet has shown a rapid proliferation. Organisations have to be ready to face this challenge or they may face the dangers of being attacked or even prosecuted for not having secured their system properly. While securing the internet remains a major challenge for every country, businesses have to cope with limited protection until an international law become in force to control this wild territory. The reports available on the Crime trend show that there has been a steady increase in Computer related crimes in the world. The research is conducted on a sample of IT literate participants. Interviews and focus group discussion have also contributed in the accuracy of the findings. The results and findings demonstrate that there is room for improvement but there is a lack of awareness on the Cyber crime act. Hopefully, this research will help to shed light on the major concerns of the business community. VIThesis (MBA)-University of KwaZulu-Natal, Durban, 2004.
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Ulrich, Neil. "Wetgewing teen elektroniese betreding." Diss., 1998. http://hdl.handle.net/10500/16234.
Full textAbstract:
Text in AfrikaansParralel met die snelle groei van rekenaartegnologie en die groteiwordende rol wat rekenaars in ans alledaagse lewe speel, is daar ongelukkig 'n toename in die misbruik van rekenaars. Benewens die wyses om rekenaarmisbruik by wyse van remedies in die siviele reg aan te spreek, is dit hoofsaaklik die taak van die strafreg om sodanige misbruik te kriminaliseer en deur middel van straf sulke misbruik te voorkom en oortreders af te skrik. Uit 'n ontleding van die Suid-Afrikaanse strafreg het dit geblyk dat bestaande misdrywe, beide gemeenregtelik en statuter, nie voldoende rekenaarmisbruik kan kriminaliseer en aanspreek nie. Wetgewing blyk die mees gepaste optossing te wees. Uit 'n regsvergelykende studie van die hantering van rekenaarmisbruik in jurisdiksies waar die wetgewer verskillende benaderings toegepas het, het dit geblyk dat die mees gepaste wyse om rekenaarmisbruik te kriminaliseer sal wees om ongemagtigde rekenaarbetreding as moedermisdaad te bestraf aangesien dit die fondament is waarop enige verdere misbruik van 'n rekenaar gebaseer word. Daarbenewens moet verdere meer spesifieke misbruikshandelinge wyd omskryfword as misdrywe, ten opsigte van meer emstige misbruik na betreding van 'n rekenaar
Parallel with the growth in computer technology and increasing use of computers, there has been an increase in computer misuse. In addition to addressing different methods of computer misuse in terms of civil law remedies, it is mainly the task of the criminal law to criminalise such misuse, prevent computer misuse and deter offenders by means of punishment. It was clear from a study of South African criminal law that existing offences, both statutory and in terms of the common law, do not criminalise and address computer misuse effectively. It therefore seems that legislation would be the most appropriate solution. It appeared from a comparative study of jurisdictions where legislators approach computer misuse differently, that the most effective way of criminalising computer misuse would be to criminalise una1,1thorised computer accessing as basic offence. In addition thereto more specific further acts of serious computer misuse, defined broadly, should be criminalised
Criminal & Procedural Law
LL.M. (Criminal & Procedural Law)
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Lehobye, Nafta Mokate. "Cyber-law of copyright protection and the fair-use of doctrine : a conflict theory approach for the information systems researchers." Thesis, 2011. http://encore.tut.ac.za/iii/cpro/DigitalItemViewPage.external?sp=1000686.
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M. Tech. Business Information Systems Tshwane University of Technology 2011.This is a South African case in which some kind of justified divergence on the use of cyber-digital copyright protected material of the author referred to as 'fair-use' exists. What exactly is it and to what extent fair-use should be considered fair according to the 'fair-use doctrine'? What may be the concomitant permissibility between cyber-law of copyright protection and fair-use defence? Is it treated on the basis of take-it-or-leave-it or is it a win-win situation? What does our law say about this? In order to answer these questions, this study focused on the effect of cyber-law of copyright on South African academic and research institutions. The study covered topics that include how cyber-law of copyrights has changed access to works. It will also indicate what the effect of legislation is (or the lack thereof) on fair-use vis-à-vis the copyright protection, all of these being exposed to management of cyber-copyrights at the said institutions. Apart from a short synopsis on the conflict, de minimis copying (copying small) and substantial taking, it finally, also reflects, based on this theory, the fundamental conflict theme as envisaged and propagated between both the copyrights and fair-use contradistinction. In order to realize all these, the research will also look into ways of circumventing the possibility of infringement by not only extensively examining, through hypothetical scenario, cyber-law of copyrights protection, but also examining the fair-use defence. Empirical research in the faculty of Information and Communication Technology of Universities of Technology has also been conducted. The Study thus concludes by illuminating that as the IS researchers fare with the impression that copyrights law is, to some extent, only limited to printed and not digital information, the IS researchers, as are not legal experts, need some form of legal orientation on the interpretation of copyrights law in order to promote IS scholarship.
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PORCEDDA, Maria Grazia. "Cybersecurity and privacy rights in EU law : moving beyond the trade-off model to appraise the role of technology." Doctoral thesis, 2017. http://hdl.handle.net/1814/45944.
Full textAbstract:
Defence date: 30 March 2017Examining Board: Professor Marise Cremona, EUI (Supervisor); Professor Deirdre Curtin, EUI; Professor Anne Flanagan, Queen Mary University of London; Professor Ronald Leenes, Tilburg University
This thesis concerns a specific instance of the trade-off between security and ‘privacy rights’, namely cybersecurity, as it applies to EU Law. The research question is whether, and how, the pursuit of cybersecurity can be reconciled with the protection of personal data and respect for private and family life, which I treat as two independent rights. Classic legal argumentation is used to support a normative critique against the trade-off; an in-depth scrutiny of ‘(cyber)security’ and ‘privacy’ further shows that the trade-off is methodologically flawed: it is an inappropriate intellectual device that offers a biased understanding of the subject matter. Once the terms of discussion are reappraised, the relationship between cybersecurity and privacy appears more nuanced, and is mediated by elements otherwise overlooked, chiefly technology. If this fatally wounds the over-simplistic trade-off model, and even opens up avenues for integration between privacy and cybersecurity in EU law, on the other hand it also raises new questions. Looked at from the perspective of applicable law, technology can both protect and infringe privacy rights, which leads to the paradox of the same technology being both permissible and impermissible, resulting in a seeming impasse. I identify the problem as lying in the combination of technology neutrality, the courts’ avoidance in pronouncing on matters of technology, and the open-ended understanding of privacy rights. To appraise whether cybersecurity and privacy rights can be reconciled, I develop a method that bridges the technological and legal understandings of information security and privacy, based on the notions/methods of protection goals, attributes and core/periphery or essence, and which has the advantage of highlighting the independence of the two privacy rights. A trial run of the method discloses aspects of the ‘how’ question that were buried under the trade-off debate, viz. the re-appropriation of the political and judicial process vis-àvis technology.
Chapter 4 draws upon an article in Neue Kriminalpolitik 4/2013
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Sullivan, Clare Linda. "Digital identity: an emergent legal concept; an analysis of the role and legal nature of digital identity in a transactional context." 2009. http://hdl.handle.net/2440/54148.
Full textAbstract:
This thesis examines the emergent legal concept of digital identity under the United Kingdom National Identity Scheme ('NIS') and its Australian counterpart, the Access Card Scheme('ACS') proposed in 2007. The Identity Cards Act 2006 UK c 15 ('Identity Cards Act’) and the Human Services (Enhanced Service Delivery) Bill (Cth) 2007 ('Access Card Bill') reveal a remarkably similar concept of identity in terms of its constitution and especially its functions. The United Kingdom scheme is currently being established, whereas the proposed Australian Scheme has been shelved following a change of government late in 2007. The NIS is therefore used as the model for this study but the analysis applies to any such scheme based on digital technology, including the ACS, should it be resurrected. The emergent concept of digital identity which is the subject of this thesis arises from legislation. It is a legal construct which consists of a collection of information that is stored and transmitted in digital form, and which has specific functions under the identity scheme. In this study, the information recorded about an individual for an identity scheme is referred to as an individual's 'database identity.' Database identity consists of information prescribed by legislation. Collectively, that information comprises an individual's registered identity. Under the United Kingdom scheme, it includes an individual's name/s, gender, date and place of birth and date of death, photograph, signature and biometrics, and other information such as citizenship and residential status including residential address/es, nationality, identity card number, passport number, work permit number, driver‘s licence number, and administrative information such as security and verification details. Within database identity is a small subset of information which is an individual‘s transactional identity, that is, an individual‘s identity for transactional purposes. In this study, that subset of database identity is called an individual‘s 'token identity'. Under the NIS, token identity consists of name, gender, date and place of birth, date of death and biometrics. Token identity is the gateway to the other information which makes up database identity and token identity has specific functions at the time of a transaction which give it legal character. In effect, it operates as the individual‘s transactional 'key.' Presentation of the required token identity at the time of the transaction enables the system to recognise, and to deal with, the registered identity. This thesis is therefore not about identity in the deep philosophical sense of 'who am I?' or 'what makes me, me?' It is about a legal concept of individual identity for specific purposes under a national identity scheme. In many ways, though, the concept of digital identity which is the subject of this thesis is just as important in a modern legal context. Under a national identity scheme, the response to the question 'who am I? ' is 'you are who the scheme (and in particular, the National Identity Register ('NIR')) says you are.' As the first conceptual legal analysis of identity in a transactional context, this thesis examines the functions and legal nature of database identity, and particularly token identity. Token identity has specific functions at the time of a transaction which are analysed from a legal perspective to determine whether token identity is a form of legal personality. This thesis also contends that individual personal and proprietary rights necessarily apply as a result of the functions and legal nature of this emergent concept of identity. In addition to the well- recognised right to privacy, this thesis argues that the concept gives rise to the right to identity which has been overlooked in this context. For the first time, identity as a legal concept is distinguished from privacy which is the focus of legal scholarship and jurisprudence in this area. The right to identity is contrasted with the right to privacy and the protection afforded by the right to identity in this context by those human rights in the United Kingdom is considered. The protection afforded to an individual in the United Kingdom is contrasted with the situation in Australia which does not currently have a comprehensive national human rights charter. In view of the limited protection which is currently provided to token identity by the civil law, the protection provided by the criminal law in both the United Kingdom and Australia becomes particularly significant in considering the obligations and rights which arise under the scheme. The adequacy of the criminal law in addressing the nature and consequences of the dishonest use by a person of another person‘s identity information is therefore also examined. Identity theft is defined and distinguished from identity fraud, having regard to the emergent concept of digital identity and the wrong and the harm caused by its misuse. In particular, the nature of token identity is examined and the consequences of its misuse by another person are considered in determining whether token identity is property which is capable of being the subject of theft and criminal damage. The thesis concludes by summarising the major insights provided by chapters 1-6 with a view to the future when national identity schemes like that of the United Kingdom, and indeed international schemes, will be commonplace and token identity routinely required for most commercial transactions. In that environment, being asked to provide one‘s token identity is likely to be as common and as routine as being asked one's name.Thesis (Ph.D.) -- University of Adelaide, Law School, 2009
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Lentz, Roberta G. ""Linguistic engineering" and the FCC computer inquiries, 1966-1989." 2008. http://hdl.handle.net/2152/18249.
Full textAbstract:
This study applies a critical discourse analysis framework to an examination of the constitutive effects of three regulatory proceedings, called “The Computer Inquiries,” on contemporary notions about communications infrastructure policy. The Computer Inquiries are a trio of interrelated U.S. Federal Communications Commission (FCC) dockets focused on problems posed by the convergence of regulated telephony with unregulated computing services. The Inquiry docket texts, which date from the mid-1960s to the late 1980s, are a basis for the liberalization of common carrier1 regulation and are the empirical evidence that the dissertation draws upon to trace the incremental evolution of terms used to define the boundaries between these converging services. Datasets include the 23 documents contained in three case studies: Computer Inquiry I (FCC Docket 16979), Computer Inquiry II (FCC Docket 20828), and Computer Inquiry III (FCC Docket 85-229). The first case study traces the incremental construction of a concept called “hybrid” services as the foundation for an FCC policy of “maximum industry separation” between common carriers and data processing companies. The second case study illustrates how the FCC subsequently re-engineered the hybrid concept into regulatory categories of “basic” and “enhanced” services. This definitional shift justified liberalizing the FCC’s maximum separation policy into a “modified” policy based upon a resale structure. The third case study demonstrates how the FCC further relaxed the resale policy by implementing accounting controls to distinguish between regulated common carriers providing the telecommunications infrastructure (conduit) used by unregulated information services (content) companies. Research reveals the malleable and somewhat arbitrary nature of regulatory distinctions between content and conduit as a basis for the FCC’s shifting jurisdictional authority over common carriers. During the course of the Inquiries, the FCC transitioned from a proactive to a reactive regulator with a discursive strategy involving what the dissertation calls “linguistic engineering.” Finally, the study notes the lack of attention to First Amendment and democracy concerns in all three Inquiry dockets. The dissertation concludes by calling for a Fourth Computer Inquiry to reconsider the legacy of the Computer Inquiries through which the principle of nondiscriminatory carriage of information by telecommunications providers has been eroded.text
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Hills, Cathrine Anna. "Developing a law and policy framework to regulate cyber bullying in South African schools." Thesis, 2017. http://hdl.handle.net/10500/22794.
Full textAbstract:
Cyber bullying is a growing phenomenon in schools all over the world, and it is evident that cyber bullying presents certain unique problems for schools in the regulation thereof. From the number of different definitions of cyber bullying, it is also evident that there is no clear concept of the exact nature of cyber bullying, and how it should be addressed in schools. The existing legal framework in South Africa can be used to address cyber bullying in schools, but there is no legislation or policy that is directly aimed at the regulation of cyber bullying at school level.
The purpose of this research is to develop a law and policy framework for the effective regulation of cyber bullying in schools. Firstly, a literature review was conducted to determine the nature of cyber bullying and to examine how cyber bullying in American schools is regulated by law. Secondly, a literature study determined the human rights obligations with regard to protecting learners against cyber bullying, and reviewed how current South African law and policy speaks to addressing cyber bullying in schools. In order to investigate the occurrence of cyber bullying in South African schools practically, a case study was conducted at a South African school. All the resources mentioned above were used to develop an education-specific law and policy framework to address cyber bullying in South African schools effectively. This framework includes a suggested insertion in the South African Schools Act, draft Guidelines for the regulation of cyber bullying in schools, draft provisions for schools’ Codes of conduct for learners and an information brochure on cyber bullying.Public, Constitutional and International Law
LL. D.
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Mtuze, Sizwe Lindelo Snail ka. "A comparative review of legislative reform of electronic contract formation in South Africa." Diss., 2015. http://hdl.handle.net/10500/22724.
Full textAbstract:
Electronic contracts in the new technological age and electronic commerce have brought about world-wide legal uncertainty. When compared to the traditional paper-based method of writing and signing, the question has arisen whether contracts concluded by electronic means should be recognised as valid and enforceable agreements in terms of the functional equivalence approach.
This study will examine the law regulating e-commerce from a South African perspective in contrast to international trends and e-commerce law from the perspective of the United States. The research investigates various aspects of contract formation such as time and place, validity of electronic agreements, electronic signatures, attribution of electronic data messages and signatures, automated transaction as well as select aspects of e-jurisdiction from a South African and United States viewpoint.Mercantile Law
LLM
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Popoola, Olumuyiwa Oluwole. "Satutory limitation of liability of internet service providers in decentralized peer to peer file sharing." Diss., 2012. http://hdl.handle.net/10500/5618.
Full textAbstract:
A study is done on the protection of sound recordings in the decentralized peer-to-peer (DP2P) file sharing in the United States, the United Kingdom and South Africa. This study reveals that because sound recordings have unique features different from other copyright works, the illegal sharing of sound recordings can ordinarily be filtered, identified, and detected by the Internet service providers (ISPs) before granting access to users and without infringing the users‟ right to privacy. However, the ISPs have failed in this regard, hence, they are strictly held liable under the contributory, vicarious and inducing infringements notwithstanding the statutory law which prohibits ISPs from monitoring, and intercepting their networks. In fact and law, the terms filtering, identifying and detecting on the one hand and monitoring and intercepting on the other hand are different in relation to sound recordings and as such ISPs are not prohibited from filtering, identifying and detecting illegal sound recordings on their networks, thus, ISPs are not protected under the limitation law as it is generally believed. However, several recommendations are made for reform, inter alia: a review of the limitation law to include the terms filtering, identifying and detecting in pursuance of the terms monitoring, and intercepting, if the intention of the legislators was meant to include the latter terms; protection of access right in digital sound recordings, protection of the neighbouring rights of ISPs in the digital world, imposing levies on all recording equipment, the insurability of sound recordings and ISPs‟ signals, and bandwidth.Mercentile Law
LL. M. (Mercantile Law)