Telecommunications Law & ICT

• Telecommunications law dynamically reflects changes in information technology and communications.
• The intersection of telecommunications, information technology and communications has led to ICT law, incorporating broadcasting aspects.

Key Developments

• Convergence of Technologies merges telecommunications, broadcasting, and IT.
• South Africa's Convergence Bill transitioned into the Electronic Communications Act (ECA).
• The ECA integrates broadcasting law with ICT law.
• The Independent Communications Authority of South Africa (ICASA) oversees license conversions.

Relevant Legislation

• The Electronic Communications and Transactions Act (ECT Act) was established in 2002.
• The Regulation of Interception of Communications and Provision of Communication-related Information Act (RIC Act) was established in 2002.
• The Cybercrimes Act was established in 2020 and contains criminal provisions from the ECT Act.

Reasons for Regulation

• Telecommunications are considered a public utility like water and electricity.
• Governments historically restricted competition to control telecommunications services via state monopolies.
• Regulation is deemed necessary because the radio-frequency spectrum constitutes a finite resource.

Additional References

• Cyber-law@SA II (3rd edition) includes regulatory and technical discussions.
• The Consumer Protection Act (CPA) and Protection of Personal Information Act (POPIA) impact electronic communications.
• Altech Autopage Cellular v Chairperson Council of ICASA is a case concerning licensing conversions under the ECA.

Historical Background

• The South African Post Office (SAPO) managed mail and telecommunications, including telegraphs and telephony.
• Early regulations included the Post and Telecommunication-related Matters Act (1958).
• Additional early regulations included the Telegraph Messages Protection Act (1963).
• Broadcasting was governed by the Radio Act of 1952.

Evolution

• PostNet & Telkom emerged after SAPO split, with Telkom gaining a telecommunications monopoly.
• The SABC initially broadcast on short-wave and medium-wave (AM) radio.
• Television was introduced in the 1970s, later shifting to commercial broadcasting models.

The Internet: Development and Legal Challenges

• The U.S. Department of Defense developed the internet as a decentralized communication system.
• The internet is the physical carrier network.
• The World Wide Web (WWW) is content programmed via HTML.
• E-mail is a messaging system using TCP/IP.

Definitions (ECT Act 2002)

• An information system is a network for processing data messages.
• Information system services include access, transmission, and storage of data.

The Internet in South Africa

• The first e-mail link in 1988 was between Rhodes University and Oregon, USA.
• Uninet was an early academic research network.
• Neotel (SNO Telecommunications) was licensed as a competitor to Telkom in 2005.

Key Internet Applications

• E-mail is still dominant and referred to as a "killer app".
• Blogging and surfing are key internet applications.
• Mailing lists and Internet Relay Chat (IRC) are key internet applications.
• Voice over Internet Protocol (VOIP), like Skype, Vonage, and Vanadoo, is a key internet application.

Legislative Recognition of VOIP and Data Messages

• The Electronic Communications and Transactions (ECT) Act 25 of 2002 broadly defines a "data message."
• The definition within the ECT act includes voice, where it is used in an automated transaction.
• The definition within the ECT act also includes stored records.
• This allows for the inclusion of Voice over Internet Protocol (VOIP) in electronic commerce regulations.

Telkom and Value-Added Network Services (VANS)

• The Telecommunications Act 103 of 1996 (repealed) initially gave Telkom the monopoly to provide value-added network services (VANS).
• VANS modify content, format, or protocol of signals for customers and are defined in Section 1, Act 64 of 2001.
• VANS provide authorized access to stored text and data.
• VANS manage data network services.
• The South African Telecommunications Regulatory Authority (SATRA) ruled the Internet is a VANS in 1997.
• The 1997 regulatory decision ended Telkom's monopoly on Internet services.
• ICASA (Independent Communications Authority of South Africa) was formed by merging SATRA and the Independent Broadcasting Authority (IBA).
• ICASA regulates electronic communications licenses and Internet services.
• ICASA has been criticized for inefficiency, with 87% of respondents in an online poll rating its performance as "pathetic".
• Public Enterprises Minister Alec Irwin attempted to fast-track broadband through Infraco.
• South Africa Connect outlines broadband expansion strategies.

Wired Telecommunications Services

• Traditional telecommunications relied on telegraph wire.
• Technological advances shifted from analog to digital signals.
• Integrated Services Digital Network (ISDN) and Asymmetric Digital Subscriber Line (ADSL) were introduced for faster data transmission.
• Telkom's monopoly in ADSL services has faced criticism.
• The Internet Service Providers Association (ISPA) advocates for competition in broadband services.
• ISPA has expressed concern about the high cost of international bandwidth (SAT3 cable system).
• The East Africa Submarine System (EASSy) launched in 2013 as an alternative.

Packet-Switching vs. Circuit-Switching

• Packet-switching sends data in small packets over different routes, reassembling it at the destination, like the internet.
• Circuit-switching uses a dedicated communication line until the message is transmitted, similar to traditional telephone calls.

Wireless Telecommunications Services

• Cellular networks use transmission masts and are not connected by wires.
• Cellular networks are one of South Africa's fastest-growing communication sectors.
• Cellular networks are recognized internationally with the ".mobi" domain.
• Mobile Cellular Telecommunication Services use radio frequency spectrum.
• Mobile Cellular Telecommunication Services allow re-use of frequencies in different geographical areas.
• Mobile Cellular Telecommunication Services maintain connections through "call handover" between cells.
• Providers initially had to use Telkom's infrastructure.
• Competition among providers like Vodacom, MTN, and Cell C emerged.
• Fixed-line services have largely been replaced by mobile networks.
• The Electronic Communications Act 36 of 2005 repealed the Telecommunications Act.
• The Electronic Communications Act 36 of 2005 introduced broad definitions for electronic communications services.
• The Electronic Communications Act 36 of 2005 defines electronic communications networks to include satellite, fixed, mobile, fiber optic, and electricity cable systems.

Mobile Data Services

• Mobile data services include Short Messaging Service (SMS), General Packet Radio Service (GPRS), and Multimedia Messaging Service (MMS).
• GPRS connects mobile users to the Internet.
• Wireless Application Protocol (WAP) adapts Internet content for mobile devices.
• 5G Networks are expanding in South Africa, enhancing video and multimedia capabilities.

Bluetooth and Wi-Fi

• Bluetooth enables short-range wireless communication.
• Wi-Fi connects devices to local or wide-area networks.
• Blackberry protocol provides full email access beyond SMS.

Legal Concerns in Telecommunications

• Regulation of Interception of Communications (RIC) Act 70 of 2002 requires sellers of SIM cards and mobile phones to register buyers’ details.
• The RIC Act includes users of prepaid services.
• The RIC Act aims to reduce online fraud, sex-abuse calls, and delivery of adult content.
• Section 30 of the RIC Act requires telecom service providers to provide interception capabilities and store customer data.
• Compliance with Section 30 of the RIC Act is low due to high costs.
• The Internet Service Providers Association (ISPA) exempts smaller providers from the interception requirement.
• The Internet Service Providers Association (ISPA) works with the Office for Interception Centre to ensure compliance.
• The Wireless Application Service Providers Association (WASPA) created a code of conduct to curb spam and regulate mobile content.
• WASPA introduced technical measures like blacklisting numbers.

Wireless Internet Services

• WiMax is an alternative to traditional wired connections.
• ICASA issued 11 WiMax licenses to companies like Telkom, Altech, and MWEB.
• MWEB piloted a R15 million WiMax project.
• Government Gazette No. 28282 (2005) formalized wireless communication regulations.
• Wireless technology expands access to broadband and mobile services.
• South Africa's telecommunications sector has evolved significantly with legislative changes and technology advancements.
• ICASA plays a crucial role in regulation but has faced criticism for inefficiency.
• A shift from Telkom's monopoly to competitive broadband and mobile services has improved accessibility.
• Wireless communication growth continues with 5G, Wi-Fi, and Bluetooth technologies.
• Legal frameworks like the RIC Act aim to balance security and privacy concerns in telecommunications.
• WiMax offers broadband wireless communication and also supports services such as email, VoIP, and video streaming through Internet Protocol Television (IPTV).

Standards in Telecommunications

• Establishing and adhering to international standards is crucial given the global nature of technological communication.
• South Africa has played a pioneering role in setting telecommunications standards through the South African Bureau of Standards (SABS), mandated by the Standards Act 29 of 1993.
• IEEE 802.11 is a standard for communication via radio waves, primarily used for Wi-Fi.
• IEEE 802.11b & 802.11g control the 2.4 GHz frequency for wireless communications.
• IEEE 802.16d & 802.16e support fixed and mobile broadband access and are used for WiMax technology.
• The Wireless Application Service Providers' Association (WASPA) enforces industry standards in South Africa.
• WASPA Key definitions include adult service, which constitutes any service with content of a sexual nature.
• A WASPA customer is defined as a mobile telecommunications subscriber willing to access services.
• A WASPA Wireless Application Service Provider provides mobile services, including premium-rated services, under contract.
• WASPA defines Spam as "unsolicited commercial messages" with exceptions.
• Exceptions to WASPA's definition of Spam are if the recipient requested the message.
• Exceptions to WASPA's definition of Spam are if the recipient has an existing commercial relationship with the sender.
• Exceptions to WASPA's definition of Spam are if the recipient has given explicit consent to receive messages.
• Hypertext Markup Language (HTML) is a standard language for structuring and displaying web content.
• Extensible Markup Language (XML) is used for classifying and structuring data.
• XML-based Standards include XAdES for advanced electronic signatures.
• XML-based Standards include XCBF for common biometric format.
• XML-based Standards include SAML: Security Assertion Markup Language for authentication.
• Open Document Format (ODF) has been adopted by the South African government to ensure open standards for public information.
• eXtensible Business Reporting Language (XBRL) is used for business and financial reporting. Mandated by the Companies Intellectual Property Commission (CIPC).
• The South African Constitution (1996) is the highest legal authority.
• The South African Constitution (1996) ensures right to privacy and protection against unlawful searches, seizures, and communication infringements.
• The South African Constitution (1996) ensures the right to access information held by the state and private entities when required to exercise or protect one's rights.
• The Promotion of Access to Information Act (PAIA) ensures individuals can access public and private sector information.
• To gain access to sector information under PAIA, the information must be necessary for exercising rights.
• To gain access to sector information under PAIA, the requester must follow procedural requirements.
• To gain access to sector information under PAIA, the request must not fall under legally mandated grounds for refusal.
• PAIA has faced criticism for cumbersome implementation and difficulties for ordinary citizens to use it effectively.
• The ECT Act (2002) defines key digital communication concepts such as data, data messages, and electronic signatures.
• The ECT Act (2002) defines key digital communication concepts such as personal information and web pages.
• The ECT Act plays a foundational role in regulating electronic transactions, cybersecurity, and online legal frameworks.
• The RIC Act (2002) regulates the interception of communications and balances privacy with security concerns.
• The RIC Act (2002) came into effect on 30 November 2005, with sections regarding subscriber information coming into effect on 30 June 2006.

Key Provisions of RIC Act

• General Prohibition: Intercepting communications is illegal unless permitted by the Act.
• Exemptions (Without Warrant) apply if one party has given prior written consent.
• Exemptions (Without Warrant) apply if the intercepting party is also part of the communication.
• Exemptions (Without Warrant) apply to interception in prisons or radio-frequency monitoring for system maintenance.
• Exemptions (Without Warrant) apply if the interception occurs for business-related security or compliance.
• Exemptions (Without Warrant) apply for the prevention of serious bodily harm or locating a missing person.
• Law enforcement may obtain an interception direction from a judge if reasonable suspicion exists regarding a serious crime

Interception with Warrant

• Employers may monitor workplace communications but must obtain written consent from employees.
• South Africa has a well-structured telecommunications regulatory framework.
• The regulatory framework in South Africa ensures International alignment with IEEE standards.
• The regulatory framework in South Africa ensures consumer protection through WASPA regulations.
• The regulatory framework in South Africa ensures privacy and access rights via the Constitution and PAIA.
• The regulatory framework in South Africa ensures secure digital transactions under the ECT Act.
• Lawful communication interception is allowed through the RIC Act.
• Laws and standards collectively shape the legal landscape for telecommunications in South Africa.
• The telecommunication legal landscape balances technological innovation with consumer rights and security concerns.
• Indirect communication refers to communication transmitted via postal services or telecommunications systems.
• Indirect communication contrasts with direct communication, which involves face-to-face interaction.
• Monitoring devices are defined as any electronic, mechanical, or other instrument capable of listening to or recording communications.
• Monitoring devices include devices used independently or in combination with others.

Regulation of Interception of Communications (RIC) Act

• Information about indirect communications stored by telecommunication service providers (TSPs) are covered under the RIC act.
• The RIC act includes switching, dialing, or signaling data to TSP's.
• The RIC act includes origin, destination, termination, duration, and equipment details.
• The RIC act includes location data of users.
• TSPs are required to maintain accurate records.

Duty of Telecommunication Service Providers (TSPs)

• Section 30 requires TSPs and ISPs to store communication-related information for extended periods.
• TSPs collect and maintain personal data before allowing service contracts.
• General prohibitions exist on disclosing collected information, with certain ISP exemptions.
• The Regulation of Interception of Communications and Provision of Communication-Related Information Amendment Bill proposed stricter data recording duties.
• Customers and TSPs bear responsibility for record-keeping under section 40.
• Service obligations are burdened on prepaid service providers and users.
• Before activating SIM cards or mobile devices, TSPs must record the MSISDN.
• Before activating SIM cards or mobile devices, TSPs must record the IMEI number.
• Before activating SIM cards or mobile devices, TSPs must record full customer details, including their name, ID, and address.
• Customers must provide accurate biographical data before TSPs activate their SIM cards or mobile devices.
• Service providers must collect past user data within 12 months, creating retrospective obligations.
• Non-compliance leads to criminal charges or service discontinuation.
• Chapter 6 establishes interception centers managed by the Office for Interception Centers.
• Law enforcement agencies may require a "tap-in link" to monitor communications.
• Chapter 9 concerns itself with the use of intercepted communications as court evidence and legal presumptions easing the State's burden of proof.
• Section 52 makes it a criminal offense for possessing stolen mobile devices without explanation.
• Constitutional scrutiny concerns arise when regarding section 16, providing judicial oversight.
• Constitutional scrutiny concerns arise when regarding sections 40-57, which may face legal challenges.

Electronic Communications Act

• The Electronic Communications Act repeals the Telecommunications Act and Broadcasting Act.
• The ECA promotes convergence in broadcasting and telecommunications sectors.
• The ECA establishes a regulatory framework through ICASA.
• Section 7 states that no person may provide services without a license unless exempt under Section 6.
• Exemptions include non-profit services and private networks (e.g., university networks).
• Exemptions include radio-frequency uses that do not interfere with other licensees.

The Electronic Communications Act Types of Licenses

• Individual Licenses concern national or regional network services.
• Individual Licenses concern commercial/public broadcasting.
• Individual Licenses concern voice telephony services using national numbering plans.
• Individual Licenses concern state-owned entities with over 25% ownership.
• Class Licenses concern local municipal or district network services.
• Class Licenses concern community broadcasting services.
• Electronic communications service is the transmission of information including voice, data, video, signals, etc.
• Electronic communications network is the infrastructure enabling the transmission of electronic communications.
• Broadcasting is one-way communication to the public or specific subscribers.
• Chapter 12 outlines consumer rights and service obligations.
• Chapter 13 specifies offenses and penalties for non-compliance.
• ICASA oversees compliance, licensing, and regulatory enforcement.
• The Cybercrimes Act amends provisions of the RIC Act.
• The Cybercrimes Act balances law enforcement needs with privacy rights.
• Interaction with Cybercrime Legislation raises constitutional concerns over freedom of speech and association.
• Protea Technology Ltd v Wainer is an example of privacy infringement under communication laws.
• Interaction with Cybercrime Legislation highlights the intersection of privacy rights and regulatory obligations.
• South African communication laws impose strict obligations on service providers.
• Compliance with record-keeping and monitoring duties is mandatory.
• Legal challenges and constitutional scrutiny may shape future amendments.
• The Electronic Communications Act and Cybercrimes Act interact with privacy and security concerns in telecommunications.
• Crime has existed throughout human history, and computers have simply become another tool that criminals use.
• Colin Tapper questioned whether computers necessitate a distinct legal framework.
• The argument that computers necessitate a distinct legal framework being that they differ fundamentally from previous technologies and that traditional legal principles are insufficient to address the unique legal challenges they create.
• In the 21st century, these arguments remain relevant, as ICT has evolved rapidly, and the law struggles to keep pace.
• ICT crime, also referred to as computer crime, involves illegal activities where computers play a central role.
• Burchell (2002) distinguishes between computers as objects (or targets) of crime, like hacking and denial-of-service attacks.
• Burchell (2002) distinguishes between computers as instruments of crime, like using a computer for fraud, phishing, or identity theft.
• Burchell argues that existing common law may already address some ICT crimes.
• Burchell argues that any legislative intervention must be well-defined and carefully implemented.
• Collier expands on this distinction by introducing three roles computers play in crime.
• Collier details that computers as the victim of crime include cyberattacks and hacking.
• Collier details that computers as tools for committing crime include financial fraud and cyberstalking.
• Collier details that computers as incidental to crime include the storage of illegal data such as child pornography.
• Lan Walden further refines these categories into computer-related crimes, concerning fraudulent activities using computers.
• Lan Walden further refines these categories into content-related offences, concerning crimes involving illegal content (e.g., child pornography).
• Lan Walden further refines these categories into computer integrity offences, concerning attacks on the computer itself (e.g., virus distribution, hacking).
• The primary legal interest in most ICT crimes is data.
• ICT crimes such as virus distribution, phishing, spoofing, and denial-of-service attacks aim to compromise or manipulate data.
• Distinction in ICT Crime: If the target is data, it is considered a pure ICT crime.
• Distinction in ICT Crime: If the computer is only a tool, it is an ICT-related crime.
• Some ICT-related crimes, like child pornography, require specialized legal treatment.
• Laws such as South Africa's Films and Publications Act (Act 65 of 1996) deal separately with content-related offences.
• New legal definitions need to be established because traditional laws may not cover emerging ICT crimes adequately, requiring new legislation.
• Investigation difficulties arise because cybercriminals operate anonymously, often across multiple jurisdictions.
• Investigation difficulties arise because digital evidence must be carefully collected and preserved to be admissible in court.
• Forensic developments have expanded the field of ICT forensics to address the challenges of digital investigations, including tracing cybercriminals and verifying digital evidence.
• Legal procedures dictate that the process of prosecuting ICT criminals involves not only substantive criminal law but also procedural law, ensuring that digital evidence is obtained lawfully.
• ICT crime continues to evolve, requiring a dynamic legal response.
• Distinguishing between different types of ICT crime helps in crafting appropriate legal frameworks.
• The increasing value of data makes it the central focus of many ICT-related offences.
• Law enforcement, forensic science, and legal frameworks must adapt to address the growing complexity of cybercrime effectively.

Data Integrity in ICT

• Van der Merwe's analysis underlines the importance of protecting data in the ICT world.
• Data should be at the heart of both legal frameworks and technological concerns.
• The Cybercrimes Act provides a comprehensive approach to addressing the complexities of cybercrime.
• The Cybercrimes Act focuses on safeguarding the integrity and security of data.

Data as Focal Point

• Cybercrime legislation and the Cybercrimes Act consider data as the focal point of both legal protection and technological safeguards.
• Traffic Data: Includes details about a communication's origin, destination, route, format, time, date, size, duration, and type of service.
• In combating cybercrime, law enforcement, forensic science, and legal frameworks must adapt to address the growing complexity of cybercrime effectively.
• Van der Merwe discusses the importance of protecting data in the modern Information and Communications Technology (ICT) world.
• A shift in Focus in ICT security emphasizes the protection of data rather than focusing solely on the physical "container".
• Twine made an important distinction between different ICT-related concepts, which are ranked by increasing information value.
• The ranks of ICT resources by value from lowest to highest includes: Data (raw unprocessed), Information (processed data), Knowledge (contextualized), Wisdom (applied knowledge) and Intelligence.
• Electronic Communications and Transactions Act (ECT Act) emphasizes the protection of data messages as a core focus of legal frameworks related to ICT.
• The Cybercrimes Act helps to reach its goal of combating ICT-related crimes in South Africa with a focus on defining terminology.
• Cybercrimes Act is defined by its sections.
• South African Cybercrimes Act (2021) concerns Reporting Obligations for certain institutions.
• Cybercrimes Act has Reporting Obligations.
• There is now requirements that Electronic communication service providers and financial institutions must report cybercrimes to the South African Police Service (SAPS) within 72 hours, to retain supporting evidence.
• Chapter 1 of the cybercrimes act relates to definitions and interpretation of terms.
• Chapter 3 of the cybercrimes act relates to jurisdiction and investigative powers.
• Electronic communication service providers and financial institutions must report cybercrimes to SAPS within 72 hours and preserve related evidence, failure to do so is a criminal offence.

Conclusion of Cybercrimes Act

• Van der Merwe's analysis underlines the importance of protecting data in the ICT world with focuses placed on the heart of both legal frameworks and technological concerns.
• The Cybercrimes Act makes Cybercrime legislation focus on the focal points in both legal protection and technological safeguards, while providing a comprehensive approach to addressing the complexities, focusing not just on the container of data but on the integrity and security of the data itself.
• Criminalizes actions regarding a computer system or storage medium under Section 2(1).
• Defines unlawful and intentional access to systems or storage. under Access Section 2(2).
• Criminalizes data interception, even through electromagnetic emissions under Interception of Data Section 3.
• Prohibits possessing tools to commit crimes listed under Possession of Software/Hardware for Malicious Purposes Section 4.
• Interfering with data, computer programs, Confidentiality of systems is also protected and storage mediums is prohibited under Unlawful Interference Section 5 & 6.
• Criminalizes the possession of access codes under Password and Access Code Possession Section 7.
• Provides detailed descriptions of how these crimes are committed, particularly in relation to computers and digital transactions under Specific Cybercrimes Cyber-fraud, Forgery, and Extortion Sections 8-10.
• The Director of Public Prosecutions must authorize prosecution under Aggravated Offenses Section 11.
• Cyberattacks will endanger life, cause bodily harm, or pose risks to public safety.
• Theft now includes digital or intangible property and issues arise from the overlap with intellectual property law under Theft of Incorporeal Property Section 12.
• Damage to Property Section 13 includes corporeal or incorporeal property.
• Prohibits using electronic communications to incite damage to property or violence against individuals/groups under Incitement to Damage Property or Violence Sections 14-15.
• Criminalizes the disclosure of intimate images without consent with focus on privacy expectations under Sexual Exploitation Section 16.
• Attempts, conspiracies, and participation in crimes are covered in Part III under Inchoate Crimes Section 3 and Procedure.
• Section Part IV and Part V follow cybercrime specific procedure under Competent Verdicts & Sentencing procedure.
• Allows for "long-arm jurisdiction" in cases involving the internet and international crimes under jurisdiction of cybercrimes under Jurisdiction Chapter 3 Jurisdiction.
• Investigations are now outlined for powers of investigation, search, access, or seizure related to cybercrimes under Investigation Powers in Cybercrimes.
• There is now co-operation with foreign states in the fight under International Assistance on Cybercrimes.
• A proposed cybersecurity hub facilitates awareness and coordination efforts is called an ICT Security Hub used to combat cybercrime.
• Reporting obligations now mean that electronic communications service providers and financial institutions are obligated to report cybercrimes and build capacity to address them.

Studies on Pornography

• Focus from studies show a need for protecting the data within computers, rather than peripheral hardware to combat ICT Crime.
• The growing significance of ICT crime requires a multi-disciplinary approach, encompassing criminal law, privacy law, evidence law, and IT security under reporting.
• overview a need has arisen between fraud being linked to most crimes, the fact that most crimes are now commercial means I.T. is used for non-commercial crimes, and accessing child pornography online .
• The need to focus on legislations has been required by the Films and publications act which covers all pornography (incl. Child pornography 1999 amendment).
• Issues with current legislation, as an example the definition of distribution content under this act accounts for little to nothing as a means leaving the gap, and not being able to cover streaming over the internet.
• The issues are such that Su Rawlinson's crimes can be held to court by, having to accuse someone with 1,159 counts of possessing Child Pornography.
• The laws are meant to have victims from the most harmful effects, as now courts can apply protection to Cybercrimes under (Sexual Offences and Related Matters) Amendment Act.

Studies on Gambling

• Gambling like pornography is an area of concern, requires attention with the addition to the internet.
• All cases of jurisdictions tend to follow the casino case of "Casino Enterprises of Swaziland" as Judge HartzenBerg states that gambling can be harmful to individuals, the need for revenue has risen.
• Gambling sites as declared by the courts are all connected to the internet in the event of there operating on the exterior, still require laws for the operation to be deemed applicable.
• The global reach for extremist groups and those of religious hatred and terror has made it a tool of inciting violence with hateful speech due to misinformation via all access to sites.
• The Ukrainian Case of businesses being subjected to harm highlights global ransomware, the growing nature of such cases has made it key to international and local concerns as infrastructure damage is a key concern .
• Vulnerability in power supply could give rise vulnerabilities due to its reliance on a single entities to provide critical services like electricity and telecommunications which are classified as infra- structure via Critical Infrastructure Protection Act.

Conclusion of South African Cyber Law

• The slow development of legislation has made the Electronic Communications and Transactions Act a key piece of legislation and has inspired the SALC to create and adopt a 2 step process , finding new law to assist issues to unauthorized systems.
• Section 2(1-2), 3, 4, 5 (part 1-2) have assisted with a vast growing collection of methods to help improve international cases in Cybercrime law.
• The Key focus point is to make people aware of is cybercrimes, while most cases are ransomware that have affected the growth against infrastructure has inspired hate, and needs a keen eye from the world to combat this growing hate .
• When you interfere with any computer data. it's a felony.
• The acquisition of passwords will lead to arrests as they are objects used for most computer crimes.
• fraud that conducts via the internet is fraudulent, forgoing of documents is forgery, extortion on the web will result in arrest .
• All crimes relating to institutions requires authorisation from the director of prosecutions .
• theft that is not from property is property of another.
• Intimate theft Is now a crime without privacy .
• Crimes covered in “Part III”.
• Juristical powers need to follow the correct procedures when relating to cybercrimes and sentencing and will make the process fair.
• Long armed jurisdictions have been used internationally when crimes are involved with the use of the internet, and now cooperation is needed more than ever because of that.