E-Government Legal Requirements

January 27, 2018 | Author: Anonymous | Category: Social Science, Law, Tort Law
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E-Government Legal Requirements

‘Government’ within and according to Law 



Laws in general (such as constitutional, administrative, contract and criminal laws) are applicable Specific Laws – IP Law, Computer Crime Law and Electronic Transactions Law etc.

Law IP Act No: 36 of 2003 Electronic Transactions Act. No: 19 0f 2006 Computer Crime Act No: 24 of 2007 (Information and Communication Technology Act No: 27 of 2003 -policy and Evidence (Special Provisions) Act No: 14 of 1995 -computer evidence).

Computer….. 



Computer : an electronic or similar device having information processing capabilities (IP Act and ET Act) Computer program: A set of instructions expressed in words, codes, schemes or in any other form which is capable, when incorporated in a medium that the computer can read, of causing a computer to perform or achieve a particular task or result. (IP Act and Computer Crime Act)

IP Regime :  

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Computer programs : Copyright Law Protected as a literary work (source code & object code) Protected rights – moral & economic Owner of rights: author, employer & person who commissioned Duration – Life time & 70 years Acquisition – purchase/license Databases – Copyright Law

IP Regime -continue … 



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Infringement : acts that violate protected rights Civil/criminal liability Hardware Patent law (inventions) Trademark law ( Business) Layout designs Information Undisclosed information (secret, kept secret & financial value), Law of contracts

Electronic Transactions 





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Electronic documents, e-records data messages and other ecommunication are legally valid (offer & acceptance) Requirement in writing & e-documents, etc., (electronic form) valid if the contained information is accessible so as to be usable for subsequent reference. Original forms of information in writing – can be in e-form ( reliability of the integrity of information and availability of information for subsequent reference) Information retention e-form Electronic signatures E-records/signatures in govt. forms, licences, permits, receipts ( as may be specified by the relevant govt. agency) Regulations E-contracts – valid unless otherwise agreed (formation, originator, time, etc.,)

Computer Crimes (Cyber Crimes) 

















Unauthorized & intentional access to a computer – (computer/information held in computer) (hacking) An act done in order to secure access to computer /information held in computer (turning on of a computer) (cracking) Unauthorized & intentional act of causing a computer to perform any function that will result in unauthorized modification or damage or potential damage to a computer, computer system or computer program (eg. deleting information) Intentionally causing a computer to perform a function adversely affecting national security, national economy or public order. Obtaining (unauthorized & intentional) information from a computer or a storage medium of a computer – buys. receives, sells or (deals with) ,offers for sale, downloads, uploads, copies, acquires, etc., Intercepting data or communication to, from or within a computer or electromagnetic emissions from a computer carrying information Illegal devices (for committing an offence) produces, sells, imports, procures, etc., Unauthorized disclosure of information (entrusted) which enables access to any service provided by means of a computer Attempt, abetment & conspiring

THANK YOU 

Survives only adoptable, not strongest

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