CRIME TIME: CYBER CRIME

Goeie middag! Dis net na 18:00 en dis weer tyd vir Crime Time waar ek jou `n blik op die misdaadwereld gaan gee. So skuif reg en word lekker gemaklik en kuier lekker saam met my vir die volgende uur. Vandag gaan ek met jou gesels oor Cyber Crime. Dis nou die misdaad wat gepleeg word via die internet. Cyber Crime is `n wye studieveld, maar die tipes wat ons die beste ken is waar jou geld deur middel van slenters uit jou bankrekening getrek word. Ander tipes is identiteitsbedrog en om in te breek by `n persoon se rekenaar of om sy sosiale mediarekeninge by in te breek ens. Vandag gaan ek die belangrikste aspekte van die Cyber Crimes and Cyber Security Bill wat op 9 Desember 2016 in die Staatskoerant gepubliseer is. Die wet is in Engels geskryf so ek gaan die dele in die wet in Engels aanhaal.

Die doel van die wet

To create offences and impose penalties which have a bearing on cybercrime; to criminalise the distribution of data messages which is harmful and to provide for interim protection orders; to further regulate jurisdiction in respect of cybercrimes; to further regulate the powers to investigate cybercrimes; to further regulate aspects relating to mutual assistance in respect of the investigation of cybercrime; to provide for the establishment of a 24/7 Point of Contact; to further provide for the proof of certain facts by affidavit; to impose obligations on electronic communications service providers and financial institutions to assist in the investigation of cybercrimes and to report cybercrimes; to provide for the establishment of structures to promote cybersecurity and capacity building; to regulate the identification and declaration of critical information infrastructures and measures to protect critical information infrastructures; to provide that the Executive may enter into agreements with foreign States to promote cybersecurity; to delete and amend provisions of certain laws; and to provide for matters connected therewith.

Dit klink na `n goeie doel. Kom ons gaan kyk hoe die wet beoog om dit te doen.

Unlawful securing of access

2. (1) Any person who unlawfully and intentionally secures access to—

(a) data;

(b) a computer program;

(d) a computer system, is guilty of an offence.

(2) For purposes of this section a person secures access to—

(a) data when the person is in a position to—

(i) alter, modify or delete the data;

(ii) copy or move the data to a different location in the computer data storage medium in which it is held or to any other computer data storage medium;

(iii) obtain its output data; or

(iv) otherwise use the data;

(b) a computer program when the person is in a position to—

(i) alter, modify or delete the computer program;

(ii) copy or move the computer program to a different location in the computer data storage medium in which it is held or to any other computer data storage medium;

(iii) cause the computer program to perform any function;

(iv) obtain its output; or

(v) otherwise use the computer program;

(i) access data as contemplated in paragraph(a)

or access a computer program as contemplated in paragraph(b),

stored on the computer data storage medium;

(ii) store data or a computer program on a computer data storage medium; or

(iii) otherwise use the computer data storage medium; or

(d) a computer system when the person is in a position to—

(i) use any resources of;

(ii) instruct; or

(iii) communicate with, a computer system, and the access contemplated in paragraph (a), (b), (c) or (d) which the person secures is unauthorised.

(3) For purposes of subsection (2),

‘‘unauthorised’’ means that the person—

(a) is not himself or herself lawfully entitled to secure access;

(b) does not have the lawful consent of another person who is lawfully entitled to secure access; or

(c) exceeds his or her entitlement or consent, to secure access, to data, a computer program, a computer data storage medium or a computer system.

Unlawful acquiring of data

3. (1) Any person who unlawfully and intentionally—

(a) overcomes any protection measure which is intended to prevent access to data; and

(b) acquires data, within or which is transmitted to or from a computer system, is guilty of an offence.

(2) Any person who unlawfully and intentionally possesses data, with the knowledge that such data was acquired unlawfully as contemplated in subsection (1), is guilty of an offence.

(3) Any person who is found in possession of data, in regard to which there is a reasonable suspicion that such data was acquired unlawfully as contemplated in subsection (1) and who is unable to give a satisfactory exculpatory account of such possession, is guilty of an offence.

(4) For purposes of this section, ‘‘acquire’’ means— (a) use;

(b) examine or capture data or any output thereof;

(d) move data to—

(i) a different location in a computer system in which it is held; or

(ii) any other location; or

(e) divert data from its intended destination to any other destination

Unlawful acts in respect of software or hardware tool

4. (1) Any person who unlawfully and intentionally possesses, manufactures, assembles, obtains, sells, purchases, makes available or advertises any software or hardware tool for purposes of contravening the provisions of section 2(1), 3(1), 5(1), 6(1) or 7(1)(a) or (d), is guilty of an offence.

(2) Any person who unlawfully and intentionally uses any software or hardware tool for purposes of contravening the provisions of section 2(1), 3(1), 5(1), 6(1) or 7(1)(a) or (d), is guilty of an offence. (3) For purposes of this section, ‘‘software or hardware tool’’ means any electronic, mechanical or other instrument, device, equipment, apparatus or a substantial component of such a device or a computer program, which is designed or adapted primarily for the purposes of—

(a) securing access as contemplated in section 2(1);

(b) acquiring data as contemplated in section 3(1);

(d) interfering with a computer data storage medium or a computer system as contemplated in section 6(1); or

(e) acquiring, modifying, providing, making available, copying, using or cloning a password, access code or similar data or devices as defined in section 7(3).

Unlawful interference with data or computer program

5. (1) Any person who unlawfully and intentionally interferes with—

(a) data; or

(b) a computer program, is guilty of an offence.

(2) For purposes of this section, ‘‘interference with data or a computer program’’ means to permanently or temporarily—

(a) delete data or a computer program;

(b) alter data or a computer program;

(d) render data or a computer program meaningless, useless or ineffective;

(e) obstruct, interrupt or interfere with the lawful use of data or a computer program; or

(f) deny access to data or a computer program.

Die laaste twee het juis te doen met die hardeware en sagteware wat deur Kuberkrakers (dis nou `n mooi Afrikaans woord) of te wel Hackers gebruik word.

Unlawful interference with computer data storage medium or computer system

6. (1) Any person who unlawfully and intentionally interferes with a computer data storage medium or a computer system, is guilty of an offence.

(2) For purposes of this section, ‘‘interference with a computer data storage medium or a computer system’’ means to permanently or temporarily—

(a) alter any resource of; or

(b) interrupt or impair—

(i) the functioning of;

(ii) the confidentiality of;

(iii) the integrity of; or

(iv) the availability of, a computer data storage medium or a computer system.

Unlawful acquisition, possession, provision, receipt or use of password, access codes or similar data or devices

7. (1) Any person who unlawfully and intentionally—

(a) acquires;

(b) possesses;

(d) uses,

a password, an access code or similar data or device for purposes of contravening the provisions of section 2(1), 3(1), 5(1), 6(1), 8 or 9(1), is guilty of an offence.

(2) Any person who is found in possession of a password, an access code or similar data or device in regard to which there is a reasonable suspicion that such password, access code or similar data or device—

(a) was acquired;

(b) is possessed;

(d) was used or may be used, for purposes of contravening the provisions of section 2(1), 3(1), 5(1), 6(1), 8 or 9(1), and who is unable to give a satisfactory exculpatory account of such possession, is guilty of an offence.

(3) For purposes of this section, ‘‘password, access codes or similar data or device’’ means without limitation—

(a) a secret code or pin;

(b) an image;

(d) an access card;

(e) any device;

(f) biometric data; or

(g) a word or a string of characters or numbers, used for—

(i) financial transactions; or

(ii) user authentication in order to access or use data, a computer program, a computer data storage medium or a computer system.

Op daardie noot is dit tyd vir `n musiekbreek. Wanneer ek terugkom, bekyk ek Kuberbedrog. Op die draaitafel het ek Denny Hardman met Touch my Body.

Dit was Denny Hardman met Touch my body en ek is William Munnik met Crime Time waar ek jou `n blik op die misdaadwereld gee. Vanaand gesels ek met jou oor Cyber Crime. Volgende gaan kyk ek na Kuberbedrog.

Cyber fraud

8. Any person who unlawfully and with the intention to defraud, makes a misrepresentation—

(a) by means of data or a computer program; or

(b) through any interference with data or a computer program as contemplated in subsection 5(2) or interference with a computer data storage medium or a computer system as contemplated in section 6(2), which—

(i) causes actual prejudice; or

(ii) is potentially prejudicial, to another person, is guilty of the offence of cyber fraud.

Cyber forgery and uttering

9. (1) Any person who unlawfully and with the intention to defraud, makes—

(a) false data; or

(b) a false computer program, to the actual or potential prejudice of another person, is guilty of the offence of cyber forgery.

(2) Any person who unlawfully and with the intention to defraud, passes off—

(a) false data; or

(b) a false computer program, to the actual or potential prejudice of another person, is guilty of the offence of cyber uttering.

Cyber extortion (Afpersing)

10. Any person who unlawfully and intentionally—

(a) threatens to commit any offence; or

(b) commits any offence, contemplated in sections 3(1), 5(1), 6(1) or 7(1)(a) or (d), for the purpose of—

(i) obtaining any advantage from another person; or

(ii) compelling another person to perform or to abstain from performing any act, is guilty of the offence of cyber extortion.

Aggravated offences

11. (1) (a) Any person who commits an offence referred to in—

(i) section 3(1), 5(1) or 6(1), in respect of; or

(ii) section 7(1), in so far as the passwords, access codes or similar data and devices relate to, a restricted computer system, is guilty of an aggravated offence.

(b) For purposes of paragraph (a), ‘‘a restricted computer system’’ means any data, computer program, computer data storage medium or computer system under the control of or exclusively used by—

(i) any financial institution;

(ii) an organ of state as set out in section 239 of the Constitution of the Republic of South Africa, 1996, including a court; or

(iii) a critical information infrastructure as contemplated in section 57(2).

(2) Any person who commits an offence referred to in section 5(1), 6(1) or 10, which—

(a) endangers the life or violates the physical integrity or physical freedom of, or causes bodily injury to, any person, or any number of persons;

(b) causes serious risk to the health or safety of the public or any segment of the public;

(d) causes a serious interference with, or serious disruption of, an essential service, facility or system, or the delivery of any essential service;

(e) causes any major economic loss;

(f) creates a serious public emergency situation; or

(g) prejudices the security, defence, law enforcement or international relations of the Republic, is guilty of an aggravated offence.

(3) A prosecution in terms of subsection (1) or (2) must be authorised in writing by the Director of Public Prosecutions having jurisdiction.

Attempting, conspiring, aiding, abetting, inducing, inciting, instigating, instructing, commanding or procuring to commit offence

12. 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.

Theft of incorporeal

13. The common law offence of theft must be interpreted so as not to exclude the theft of an incorporeal.

Dis weer tyd vir `n musiekbreek en op die draaitafel het ek vir jou vir Mwah en Elvis se seun Met Sandra Prinsloo.

Dit was Mwah en Elvis se seun met Sandra Prinsloo en ek is William Munnik met Crime Time waar ek jou `n blik op die misdaadwereld gee. Voor die breek het ek met jou gepraat oor Kuberbedrog. Nou gaan ek kyk watter strawwe jou opgele kan word sou jy skuldig bevind word aan enige van die bogenoemde misdade.

Penalties

14. (1) Any person who contravenes the provisions of section 2(1), 3(3) or 7(2) is liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment. Password inligting)

(2) Any person who contravenes the provisions of section 3(1) or (2), 4(1) or (2), 5(1), 6(1) or 7(1) is liable on conviction to a fine or to imprisonment for a period not exceeding 10 years or to both a fine and such imprisonment.

(3) Any person who contravenes the provisions of section 11(1) is liable on conviction to a fine or to imprisonment for a period not exceeding 15 years or to both a fine and such imprisonment.

(4) A court which convicts a person of an offence in terms of section 8, 9(1) or (2), 10 or 11(2) may, where a penalty is not prescribed in respect of that offence by any other law, impose a sentence as provided for in section 276 of the Criminal Procedure Act, 1977, which that court considers appropriate and which is within that court’s penal jurisdiction.

(5) A court which imposes any sentence in terms of this section must, without excluding other relevant factors, consider as aggravating factors—

(a) the fact that the offence was committed by electronic means;

(b) the extent of the prejudice and loss suffered by the complainant or other person as a result of the commission of such an offence;

(c) the extent to which the person gained financially or received any favour, benefit, reward, compensation or any other advantage from the commission of the offence; or

(d) the fact that the offence was committed in concert with one or more persons.

(6) If a person is convicted of any offence provided for in section 2(1), 3(1), 5(1), 6(1), 7(1), 8, 9(1) or (2), 10 or 11(1) or (2), a court which imposes any sentence in terms of those sections where the offence was committed—

(a) by a person; or

(b) with the collusion or assistance of another person, who as part of his or her duties, functions or lawful authority was in charge of, in control of, or had access to data, a computer program, a computer data storage medium or a computer system which was involved in the offence, must, unless substantial and compelling circumstances justifying the imposition of another sentence, impose, with or without a fine, a period of direct imprisonment which may not be suspended as contemplated in section 297(4) of the Criminal Procedure Act, 1977

Wow! Hulle speel nogal nie met hierdie vonnisse nie.

Op daardie noot het my tyd uitgeloop en groet ek tot Saterdag om 08:00 waar ek jou gaan help om jou week en naweek se ontspanningsaktiwiteite te beplan. Wees veilig en moenie drink en bestuur nie. Volgende Woensdag gaan ek aan met kubermisdaad en gaan ek onwelvoeglike boodskappe en teistering ens. Behandel. Ek gaan uitspeel met Gerhard Steyn en Nadine met Ons 2.

《Crime Time Cyber Crime William 2018 03 21.175954》 - 免费有声读物

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