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View the Full text of legislation and regulations affecting the internet in South Africa View the Council of Europe’s Convention on Cybercrime (used as a guideline for developing SA’s national legislation) More on Co E Cybercrime projects and framework for international cooperation View the Definitions of Cybercrime View the Electronic Communications and Transactions (ECT) Amendment Bill, 2012 [PDF 5.47MB] – Published October 2012 View the Cybercrimes and Cybersecurity Bill 2015 [PDF 839KB] – Draft Published for Comment, August 2015 Below is the sections of the Electronic Communications and Transactions (ECT) Act 25 of 2002, relevant to the criminal offences: Definition 85.
In this Chapter, unless the context indicates otherwise— “access” includes the actions of a person who, after taking note of any data, becomes aware of the fact that he or she is not authorised to access that data and still continues to access that data.
127 of 1992), a person who intentionally accesses or intercepts any data without authority or permission to do so, is guilty of an offence.
(2) A person who intentionally and without authority to do so, interferes with data in a way which causes such data to be modified, destroyed or otherwise rendered ineffective, is guilty of an offence.
(3) A person who unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any device, including a computer program or a component, which is designed primarily to overcome security measures for the protection of data, or performs any of those acts with regard to a password, access code or any other similar kind of data with the intent to unlawfully utilise such item to contravene this section, is guilty of an offence.
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