[Owasp-leaders] Fwd: ZA: Cyber Crimes Bill comments please contribute

Christo christo.goosen at owasp.org
Tue Nov 24 08:22:19 UTC 2015


Hi Everyone

As part of a OWASP Cape Town initiative we are opposing and commenting
on a new Cyber Crimes Bill to be passed in our home country South Africa.

Any fellow South Africans, practitioners of law or experts in security
legislation please contribute where possible. We have made a public
Google Doc for people to contribute comments for the end of the month.

Biggest problem of the law is: _*You are guilty until proven innocent.
*_This can be exploited against political opposition or even business
competitors.

The individual who drafted the law has no technical background and the
definitions and offenses are not logical. Additionally you can get less
jail time and fines for murdering someone in my country, than committing
a 'Cyber  Crime'. Here follows some sections of the law:


> "database": means a collection of data in a computer data storage medium

> Attempting, conspiring, aiding, abetting, inducing, inciting,
> instigating,
> instructing, commanding, or procuring to commit offence
> 22.
> Any person who
> unlawfully and
> intentionally -
> (a)attempts;
> (b)conspires with any other person; or
> (c)aids, abets, induces, incites,
> instigates, instructs, commands, or procures
> another person,
> to commit an offence in terms of this Chapter, is guilty of an offence
> and is liable on
> conviction to the punishment to which a person convicted of actually
> committing that
> offence would be liable


Below are further details

Thanks
CG


-------- Forwarded Message --------
Subject: 	ZA: Cyber Crimes Bill comments please contribute
Date: 	Tue, 24 Nov 2015 10:09:50 +0200
From: 	Christo <christo.goosen at owasp.org>
To: 	owasp-cape-town at lists.owasp.org



Hi Everyone

We have started commenting on the South African Cyber Crime Bill. This
bill is needed, but inherently flawed and should be re-drafted. Time is
running out as comment is reserved till end of the month.

We now call on the infosec and greater IT community to add to this
document so that we have something to present to the department of
Justice and advocate Mthunzi Mhaga (Mediaenquiries at justice.gov.za, 083
641 8141).

Here is the google doc: *https://goo.gl/kr8nML

*The actual bill you can find here:
http://www.justice.gov.za/legislation/invitations/CyberCrimesBill2015.pdf

Additionally I have made several resources available on the bill from
Mark Heyink (advocate & CISSP):
https://www.dropbox.com/home/Public/OWASP%20Cyber%20Crime%20Talk

*_If you wish to remain anonymous you can send me your submissions via
email and I will add it to the document._*

Please contribute as this can make a difference.

CG
-- 
OWASP Logo

 
Christo Goosen
OWASP Cape Town Chapter Leader
OWASP Foundation
https://www.owasp.org



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