Formulating specialised Legislation to address the Growing Spectre of Cybercrime: A Comparative Study

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dc.contributor.author Cassim, F
dc.date.accessioned 2010-08-12T10:53:59Z
dc.date.available 2010-08-12T10:53:59Z
dc.date.issued 2009
dc.identifier.issn 1727-3781
dc.identifier.uri http://hdl.handle.net/10394/3647
dc.description.abstract The article looks at cyber legislation formulated to address cybercrime in the United States of America, the United Kingdom, Australia, India, the Gulf States and South Africa. The study reveals that the inability of national laws to address the challenges posed by cybercrime has led to the introduction of specialised cyber legislation. It is advocated that countries should amend their procedural laws to include intangible evidence of cybercrime, as opposed to tangible evidence of traditional crimes. It is possible that new forms of cybercrime will often emerge with evolving technology; therefore new cyber laws should be introduced to respond to these rapid changes. There should also be continuous research and training of IT security personnel, financial services sector personnel, police officers, prosecutors and the judiciary to keep them abreast of the evolving technology. International co-operation between countries is also required to address the global nature of cybercrime. To this end countries such as South Africa should ratify the Council of Europe’s Convention on Cybercrime (COECC) to serve as a deterrent against international cybercrime. A balanced approach that considers the protection of fundamental human rights and the need for the effective prosecution of cybercrime has been mooted as the way forward. en
dc.subject Cyber legislation en
dc.subject cybercrime en
dc.subject inability of national laws en
dc.subject specialised cyber legislation en
dc.subject comparative law en
dc.subject procedural laws en
dc.subject intangible evidence en
dc.subject traditional crimes en
dc.subject tangible evidence en
dc.subject evolving technology en
dc.subject international co-operation en
dc.subject global nature of cybercrime en
dc.subject COECC en
dc.subject international cybercrime en
dc.subject balanced approach en
dc.subject fundamental human rights en
dc.subject effective prosecution en
dc.title Formulating specialised Legislation to address the Growing Spectre of Cybercrime: A Comparative Study en
dc.type Article en

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