Dissertations / Theses on the topic 'Firearms – Law and legislation – Data processing'

In becoming a signatory to the World Intellectual Property Organization (WIPO) Treaties, Canada has undertaken the obligation to provide protection against the circumvention of technological measures designed to protect copyright works. While on its face the obligation appears simple, in reality it brings about an intersection of policy, law and technology; a complex situation with far reaching repercussions. The U.S., a co-signatory to the WIPO Treaties, responded to this tension by enacting the Digital Milennium Copyright Act (DMCA), which heavily regulated circumvention technology and garnered wide-spread criticism. Critics labeled the law as unpredictable and overbroad legislation, which has chilled free speech, violated fair use, stifled research and study and encouraged monopolies by eliminating competition. Drawing largely on the U.S. experience, this thesis aims to suggest a possible route for Canada to take when fulfilling its own obligations under the WIPO. It will begin with a review of the relevant provisions of the Treaties to determine the extent of Canada's obligation. It will then examine Canada's proposal papers and the responses of its citizens to the questioned posed regarding future anti-circumvention legislation. It will also examine the DMCA in detail and attempt to distil its flaws. Finally, it will investigate the extent of the need for new anti-circumvention legislation in Canada by examining Canada's existing laws dealing with the protection of technology measures. Such process will provide evidence that Canada has, to a large extent, complied with its obligations under the WIPO while maintaining the delicate balance between the stakeholders of copyright law. Thus while new anti-circumvention legislation may still be in order, Canada has the latitude to craft a law that fully recognizes the rights of all stakeholders in the copyright equation and is consistent with its own copyright policies.

This thesis deals with the way in which copyright law is changing in the digital environment and the mechanisms which are facilitating this change. It deals with these issues by analysing the mechanisms of this change, specifically Digital Rights Management (DRM)Systems and anti-circumvention legislation, and the impact which this change is having on the rights of copyright users. The purpose of copyright is to provide an incentive to authors to continue creating while simultaneously providing a public good in allowing the public to use those creations in certain ways. Copyright achieves this purpose by granting both the author and user certain rights. The author is given a limited monopoly over their work in exchange for allowing this work to enter the public sphere and ensuring that users of that work can utilise that work in certain limited ways. The success of copyright thus rests on maintaining the balance between the rights of these parties. The rise of digital technology has created a situation in which copyright content can be easily copied by any party with a Personal Computer and disseminated around the globe instantly via the Internet. In response to these dangers, copyright owners are making use of DRM systems to protect content. DRM systems include various measures of control within its scope. Theses systems allow for copyright owners to control both access and use of content by copyright users. DRM Systems are not foolproof measures of protection however. Technologically sophisticated users are able to circumvent these protection measures. Thus, in order to protect DRM Systems from circumvention, anti-circumvention legislation has been proposed through international treaties and adopted in many countries. The combined effect of these protection measures are open to abuse by copyright owners and serve to curtail the limited rights of copyright users. The end result of this is that the balance which copyright law was created to maintain is disrupted and copyright law no longer fulfils its purpose. This thesis undertakes an analysis of these issues with reference to how these issues affect copyright users in developing countries. This is done with particular reference to possible approaches to this issue in South Africa as South Africa is a signatory to these anti-circumvention treaties.

Thesis (LLM)--Stellenbosch University, 2004
ENGLISH 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.

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.

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.

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.

Social network sites have recently become extremely popular online destinations as they offer users easy ways to build and maintain their relationships with each other. Consequently, students, lecturers, teachers, parents and businesses are using these tools to communicate with each other in a fast and cost-effective manner. However, literature suggests that the full potential of social network sites has not yet been revealed since users are still battling to overcome the various negative characteristics surrounding these sites. A framework for appropriate use of these sites is needed so that users are able to overcome these negative aspects, allowing them to be more effective and use the sites successfully. The goal of this research is to construct a framework for perceived successful use of social computing tools in educational institutions. This framework will include critical success factors that need to be adopted by users in order to develop the positive aspects of social computing, while at the same time overcoming the disadvantages experienced by users. Factors for successful use were derived from the literature and consolidated into a theoretical framework in order to understand the factors that drive successful use of social network sites. Measures used to test successful use of social network sites were also derived from these sources and were included in the same theoretical framework; these measures allow users to evaluate the extent of perceived successful use of social network sites. This framework was tested empirically by means of a pilot study and online survey, and revised according to the results of the survey. The factors were identified using Cronbach alpha coefficients (in the pilot study) and exploratory factor analysis to confirm the reliability of the scales developed. Pearson product-moment correlation coefficient analysis, t-tests and Pearson Chi-Square tests were used to measure the relationships amongst the variables in the framework proposed in this research. The factors influencing perceived successful use of social network sites were identified by the empirical study as: • Privacy and Security Settings need to be enabled. These are split into: - Settings: content that users allow others to see - Viewers: people who are allowed onto a user's profile • It is necessary for users to practise Legal and Acceptable Activities when using social network sites • Suspect Information needs to be checked before sharing it with others • Personal and Professional Time needs to be separated to ensure that work is completed before social activities occur • Users need to practise Professional and Ethical Behaviour • Users need to have a Positive Attitude when using social network sites • Usability of sites affects their success. This includes: - technical capacity (broadband) - ease of use - functionality (range of features and functions) • Current and Controversial Issues need to be discussed on social network sites. The extent to which social network sites are being used successfully can be evaluated by the presence of the following measures: • Range of Content must be available to users. This includes: - Content displayed on profiles - Viewers able to visit profiles • Visitors Behaviour is monitored and no unwanted visitors are present users' profiles • Social Contracts found on sites are followed by users • Critical Thinking Skills and Accurate Information are displayed by users • Work is completed before social activities occur on sites • A Variety of Users is present on sites • Collaboration between people as well as variety of opinions exist on sites • Social Capital (well-being) is present after users have been on sites • Learning and Advising Skills are enhanced on sites. The framework developed provides users with a useful instrument to overcome the negative characteristics associated with social network sites. If used successfully, social network sites can offer lecturers and students a unique method to develop their relationship, creating a positive learning experience.

This study focuses on the right to privacy in the workplace, specifically employees' expectations of electronic privacy where personal information is processed. The main aim of this dissertation is to establish whether, given advantages in technology, South African laws offers adequate protection for employees when their electronic information is being processed. The study analyses South African law as it relates to the privacy of employees during the processing of their personal information in the workplace.This is examined within the parameters of the constitutional and legislative framework with due regard to the common-law right to privacy. The legal issues are examined from a South African context and is compared with data protection laws and regulations of the United Kingdom. It also offers recommendations based on experience gained in the United Kingdom.
Private Law
LL. M.

M.Comm.
The influence of electronic trading on the corporate environment is researched in this study. Large amounts of money in the form of financial instruments are managed on behalf of clients on a daily basis. With the ever-changing technology, organisations are forced to reconsider their current use of technology to enable them to provide the best service to their clients. Most financial processes have done away with the unnecessary use of paper. Corporate organisations that invest large amounts of money on behalf of clients and do not utilise electronic trading systems, are putting themselves, as well as their clients, at a disadvantage. It must be stressed that although the technical requirements and systems that are necessary for electronic trading are discussed, this study concentrates more on the strategic advantages and management implications electronic trading has on the organisation. This study comes to the conclusion that electronic trading has a significant impact on the business world, and that corporate organisations should seriously consider to convert their processes accordingly, expand it and utilise it to its full potential.

Digitisation had a profound impact on the creation, reproduction, and dissemination of works protected by copyright. Works in digital format are vulnerable to infringement, and technological protection measures are accordingly applied as protection. Technological protection measures can, however, easily be circumvented, and additional legal protection against circumvention was needed. Article 11 of the WIPO Copyright Treaty (the WCT) obliges Member States to provide adequate legal protection against the circumvention of technological measures applied to works protected by copyright. Contracting parties must refine the provisions of Article 11 and provide for exceptions on the prohibition. Article 11 does not specify whether it pertains to only certain types of technological measures, nor does it prohibit the trafficking in circumvention devices. The United States implemented the provisions of Article 11 of the WCT through the Digital Millennium Copyright Act of 1998 (the DMCA). Section 1201 of the DMCA prohibits the circumvention of technological measures. It is detailed and relates to two categories of technological measures - access control and copy control. It prohibits not only the act of circumvention, but also the trafficking in circumvention devices. Article 6 of the EC Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society of 2001 implements Article 11 of the WCT. Article 6 seeks to protect Aeffective technological measures@. It prohibits both the act of circumvention and circumvention devices. Although Article 11 of the WCT is silent on the issue of access control, it seems as if the international trend is to provide legal protection to access controls, thus indirectly creating a right to control access. South Africa has not yet implemented Article 11 of the WCT. The South African Copyright Act of 1979 does not protect technological protection measures. The Electronic Communications and Transactions Act of 2002 (the ECT Act) provides protection against the circumvention of technological protection measures applied to digital data. The definition of Adata@ is such that it could include protected works. If applied to protected works, the anti-circumvention provisions of the ECT Act would be detrimental to user privileges. As developing country, it seems to be in South Africa's best interest to the implement the provisions of Article 11 in such a manner that it still allows users access to and legitimate use of works protected by copyright.
Jurisprudence
LL.D.

In present-day society more and more personal information is being collected. The nature of the collection has also changed: more sensitive and potentially prejudicial information is collected. The advent of computers and the development of new telecommunications technology, linking computers in networks (principally the Internet) and enabling the transfer of information between computer systems, have made information increasingly important, and boosted the collection and use of personal information. The risks inherent in the processing of personal information are that the data may be inaccurate, incomplete or irrelevant, accessed or disclosed without authorisation, used for a purpose other than that for which they were collected, or destroyed. The processing of personal information poses a threat to a person's right to privacy. The right to identity is also infringed when incorrect or misleading information relating to a person is processed. In response to the problem of the invasion of the right to privacy by the processing of personal information, many countries have adopted "data protection" laws. Since the common law in South Africa does not provide adequate protection for personal data, data protection legislation is also required. This study is undertaken from a private law perspective. However, since privacy is also protected as a fundamental right, the influence of constitutional law on data protection is also considered. After analysing different foreign data protection laws and legal instruments, a set of core data protection principles is identified. In addition, certain general legal principles that should form the basis of any statutory data protection legislation in South Africa are proposed. Following an analysis of the theoretical basis for data protection in South African private law, the current position as regards data protection in South-Africa is analysed and measured against the principles identified. The conclusion arrived at is that the current South African acts can all be considered to be steps in the right direction, but not complete solutions. Further legislation incorporating internationally accepted data protection principles is therefore necessary. The elements that should be incorporated in a data protection regime are discussed.
Jurisprudence
LL. D. (Jurisprudence)

The subject of this thesis is the use of Information Technology (IT) to assist in the resolution of cases that appear before the Family Law Court in Australia. IT is used to assist in two processes. The first process is the intelligent gathering and preparation of information for Family Law cases. The second process is the modeling of case-decisions by the Family Law Court. The first process is covered in this thesis and the second process is part of the Andrew Stranieri's doctorate research at La Trobe University. Legal Interaction Charts (LIC) are developed to model procedures a Family Law solicitor carries out when gathering information and preparing a case. Sequenced Event Charts (SEC) are developed to implement LICs on a computer.

Public programming initiatives are considered as an integral part of archival operations because they support greater use of archival records. This study investigated public programming practises in the ESARBICA region. The findings of the study were determined after applying methodological triangulation, within a quantitative research context. This included the use of self-administered questionnaires, semi-structured interviews and the analysis of documents and websites. Participants in this study were ESARBICA board members, Directors of the National Archives and archivists from the ESARBICA region. Nine (69.2%) national directors representing different member states completed the questionnaire and eight archivists from the same region were interviewed. Furthermore, three ESARBICA board members were also interviwed. Legislation and country reports from ESARBICA member states were reviewed, together with websites of institutions within the ESARBICA region that offered archival education and training. Findings of the study indicated that public programming initiatives were not a priority. Reasons for this included lack of public programming policies, budgetary constraints, shortage of staff and lack of transport. Furthermore, the national archives were reluctant to rope in technology to promote their archives. Collaboration efforts with regard to promoting archives were shallow. Moreover, the investigation of user needs was restricted to existing users of the archives. In addition to all this, the archivists felt that they needed to improve their public programming skills. The study therefore suggests that the national archives of ESARBICA should focus on: legislation, public programming policies, advocacy, users, partnerships and skills. Taking these factors into consideration, an inclusive and integrated public programming framework was developed and proposed as a possible measure for improving public programming efforts in the ESARBICA region.
Information Science
D. Litt. et Phil. (Information Science)

The importance of records management to the provision of healthcare services cannot be overemphasised. If medical records are not managed properly, this might result in the provision of poor healthcare services. This is because usually if medical records are not properly managed, the healthcare institutions attain inaccurate, untimely, incomplete and unauthentic records or the records fade completely. Records that are not managed properly are easily lost, modified, altered, misfiled and/or damaged, which results in a struggle to locate them and, eventually, much time is lost. Records of this kind may not support healthcare service providers properly in decision-making, problem-solving, monitoring and evaluation of service for continuous service improvement. This study utilised the five elements of trusted records management (records management governance practice, staff capacity and competencies, recordkeeping system and technology, and records archival processes) to investigate the development of a framework to embed medical records management into the healthcare service delivery practice for effective records management practice. The study predominantly utilised a quantitative approach with some support from a limited scope of qualitative data to augment numeric data. The data was collected using the four different techniques, namely questionnaire, interview, observation and system/documents analysis. The study revealed that the mode of medical record management was not effectively enabling the institution to manage medical records properly due to lack of integrated medical records management framework into the healthcare business process. The medical records management technology also lacked file tracking system, records backup, and audit trail which compromise records safety and security. The study recommended supply of the necessary resources, with a framework that the healthcare institutions may adopt to embed medical records management into the healthcare service delivery. ECM may also be implemented to incorporate electronic records management systems, information management, web content and other add-ons to support the records management framework in ensuring effective discharge of all records management functional requirements on the healthcare business process. A further study was recommended about the development of an online outpatient consultation system and medical records access to avoid patient long turnaround time for service.
Information Science
D. Litt. et. Phil. (Information Science)

An audit of financial statements relies heavily on authentic records to yield informed audit opinions. Without proper records of transactions, the objective of auditing financial statements becomes difficult. In the digital environment, determining the authenticity of digital documents for purposes of auditing is even more problematic because of a lack of criteria used by auditors for the declaration of such authenticity. This study sought to develop a framework for the authentication of records in a government accounting system in Botswana with a view to supporting the audit process in the public sector. This qualitative study framed within the interpretivism epistemological research paradigm, used archival diplomatics as a theoretical lens. Data were collected through system analysis, analysis of documents such as legislation, as well as interviews with auditors, ICT professionals and records management practitioners purposively selected from the Botswana National Archives and Records Services, Office of the Auditor General, Department of Information Technology, Accountant-General’s Department, Department of Internal Audit and Department of Corporate Services of the Ministry of Finance and Economic Development. The study established that the legislative framework for managing digital records does exist in Botswana. A lack of skills by records management professionals and auditors to authenticate digital records was also noted. The absence of some criteria to authenticate digital records means that auditors use their own discretion with regard to their authenticity. In addition, as a business system, the Government Accounting and Budgeting System (GABS) does produce and store digital records, but their authenticity and availability over time are not guaranteed. This weakness can be addressed by integrating GABS with an Enterprise Content Management (ECM). Currently, records authenticity in GABS is ensured through reliance on social and technical indicators (information technology and system application controls). The study suggests a framework for the authentication of digital accounting records in a government accounting system with the hope that its implementation would support the audit process. It is concluded that because of the failure to establish guidelines and checklists for auditors to authenticate digital records, there will be continued reliance on information technology and system application controls. Therefore, it is recommended that the Auditor General should develop a checklist for authentication. A further study of the integration of Government Accounting and Budgeting System with an Enterprise Content Management to properly manage digital records produced and stored in the system is recommended.
Information Science
D. Phil. (Information Science)