LCR4805
ASSIGNMENT 2 SEMESTER 2 2024
UNIQUE NO.
DUE DATE: 10 SEPTEMBER 2024
, LCR4805
Assignment 2 Semester 2 2024
Unique Number:
Due Date: 10 September 2024
Selected Private and Criminal Law Principles of the Internet
QUESTION 1
The local municipality's ransomware attack presents a significant issue, and the
responsible party, Robert, can face criminal charges under South African law. To
address this, we need to explore two main aspects: first, whether Robert could be
charged with any crime if he lives in South Africa, and second, whether it makes a
difference if he lives in Dublin, Ireland.
Part (a): Can Robert Be Charged if He Lives in South Africa?
To determine if Robert can be charged for the ransomware attack, we need to look at
the law before and after the Cybercrimes Act 19 of 2020 came into force.
Before the Cybercrimes Act 19 of 2020
Before this Act was introduced, South Africa's legal framework to deal with cybercrimes
was somewhat outdated and scattered across different laws. A primary piece of
legislation was the Electronic Communications and Transactions Act 25 of 2002
(ECTA), which contained provisions related to cybercrime. However, this Act was
limited in its coverage, as it mainly dealt with issues like hacking, identity theft, and
unauthorised access to data. The ransomware attack Robert carried out may have been
dealt with under the crime of unauthorised access to a computer system or
unauthorised interception of data under ECTA, but there was no specific crime for
ransomware attacks or similar cyber-related offences.
ASSIGNMENT 2 SEMESTER 2 2024
UNIQUE NO.
DUE DATE: 10 SEPTEMBER 2024
, LCR4805
Assignment 2 Semester 2 2024
Unique Number:
Due Date: 10 September 2024
Selected Private and Criminal Law Principles of the Internet
QUESTION 1
The local municipality's ransomware attack presents a significant issue, and the
responsible party, Robert, can face criminal charges under South African law. To
address this, we need to explore two main aspects: first, whether Robert could be
charged with any crime if he lives in South Africa, and second, whether it makes a
difference if he lives in Dublin, Ireland.
Part (a): Can Robert Be Charged if He Lives in South Africa?
To determine if Robert can be charged for the ransomware attack, we need to look at
the law before and after the Cybercrimes Act 19 of 2020 came into force.
Before the Cybercrimes Act 19 of 2020
Before this Act was introduced, South Africa's legal framework to deal with cybercrimes
was somewhat outdated and scattered across different laws. A primary piece of
legislation was the Electronic Communications and Transactions Act 25 of 2002
(ECTA), which contained provisions related to cybercrime. However, this Act was
limited in its coverage, as it mainly dealt with issues like hacking, identity theft, and
unauthorised access to data. The ransomware attack Robert carried out may have been
dealt with under the crime of unauthorised access to a computer system or
unauthorised interception of data under ECTA, but there was no specific crime for
ransomware attacks or similar cyber-related offences.
