SayPro 116931-2-5 SayPro Lesson legal and ethical issues in relation to internet use

The government of South Africa has passed a number of legislations to govern the internet. For the purposes of this module we shall discuss the following;

• Electronic communications and transactions act. 2002
• Regulation of interception of communications and provision of communication-related information act, 2002
• Constitution of South Africa

 

1. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT. 2002

The overall objective of the Act is to enable and facilitate electronic transactions by creating legal certainty around transactions and communications conducted electronically.

The Act seeks to address the following policy imperatives:

• bridging the digital divide by developing a national e-strategy for South Africa;
• ensuring legal recognition and functional equivalence between electronic and paper-based transactions;
• promoting public confidence and trust in electronic transactions; and
• Providing supervision of certain service providers.

 

Let’s look at some of the key areas of the ACT

 

1. Facilitating electronic transactions

Part 1 provides for the legal recognition of data messages and records. Electronic data will, subject to certain conditions, be permitted to be retained for statutory record retention purposes, will be regarded as being ‘‘in writing’’, and as a true copy of an ‘‘original’’ record, and provision is made for securing proper evidentiary weight of electronic evidence.

Part 2 deals with the rights and obligations that follow from the communication of data messages. The Act also provides for the validity of sending notices and other expressions of intent through data messages.

2. Cyber inspectors

Chapter XII of the Act seeks to provide for the Department of Communications to appoint cyber inspectors. The cyber inspectors may monitor Internet web sites in the public domain and are granted powers of search and seizure of “information systems”, subject to obtaining a warrant

The Act’s definition of ‘‘information system’’ means a system for generating, sending, receiving, storing, displaying or otherwise processing data messages and includes the Internet;

 

Under Section 82. (1) A cyber inspector may, in the performance of his or her functions, at any reasonable time, without prior notice and on the authority of a warrant issued in terms of section 83(1), enter any premises or access an information system that has a bearing on an investigation

 

[Amongst other things] He is authorised to:

1. search those premises or that information system;
2. search any person on those premises if there are reasonable grounds for believing that the person has personal possession of an article, document or record that has a bearing on the investigation;
3. take extracts from, or make copies of any book, document or record that is on or in the premises or in the information system and that has a bearing on the investigation;
4. demand the production of and inspect relevant licenses and registration certificates as provided for in any law;
5. inspect any facilities on the premises which are linked or associated with the information system and which have a bearing on the investigation;

A person who refuses to co-operate or hinders a person conducting a lawful search and seizure in terms of this section is guilty of an offence.

 

3. Cyber crime

 

Chapter XIII of the Act seeks to make the first statutory provisions on cyber crime in South African jurisprudence. The Act seeks to introduce statutory criminal offences relating to information systems and includes—

(a) unauthorised access to data;
(b) interception of or interference with data;
(c) computer-related extortion;
(d) fraud; and
(e) forgery.

Under Section 86. (1) Companies and individual should note that subject to the Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992), a person who intentionally accesses or intercepts any data without authority or permission to do so, is guilty of an offence. [You don’t have to do anything with it, just look!]

A person who unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any device, including a computer programme 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. [Therefore, if you are given the password to a restricted “pay” website, and you use it, you are breaking the law! ]

 

2. REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISION OF COMMUNICATION-RELATED INFORMATION ACT, 2002

RICA regulates the interception of communications, the monitoring of radio signals and radio frequency spectrums and the provision of communication-related information relating to indirect communication in the records of telecommunication service providers. It also regulates applications for interception of communications and provision of communication-related information under certain circumstances. It regulates law enforcement where interception of communications is involved and prohibits the provision of telecommunication services which do not have the capability to be intercepted and requires telecommunication service providers to store communication-related information (CRI).

 

The law specifies costs to be borne by telecommunication service providers related to these requirements and compensation to services providers. It provides for the establishment of interception centres an Office for Interception Centres and an Internet Service Providers Assistance Fund. Lastly it prohibits the manufacturing, assembling, possessing, selling, purchasing or advertising of interception equipment without a certificate of exemption issued by the relevant Minister.

 

3. CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA

Section 14 of the Bill of Rights in the South African Constitution of 1996 expressly provide that “everyone has a right to privacy, which includes the right not to have (…) (d) the privacy of their communications infringed”. The rights in the Bill of Rights may be limited, section 36 of the Constitution. However, various other provisions in the Bill of Rights indirectly imply a right to safety and security. If citizens have a right to security, it creates a corresponding duty on the State.

 

Chapter 11 of the Constitution governs this duty and authorise the Police, Defence Force and Intelligence Agencies to assist the State in its security obligations.

IMPLICATIONS OF PROVIDING INTERNET ACCESS

In addition to using the Internet, especially the World Wide Web and e-mail for work-related purposes, employees are also using the Internet for personal use, whether for sending personal e-mail messages, playing games, downloading pornography, ordering goods online, checking stock prices, or gambling. Accordingly, many issues have arisen involving employee e-mail and Internet use.

Employers are grappling with how much, if any, personal use of the Internet and e-mail to permit in the workplace. Employers are also grappling with the question of whether to monitor Internet use and whether to block access to certain Internet sites.

In this section, we shall concentrate on implications of providing internet access to employees in terms of security of information and virus protection.

1. VIRUS AND VIRUS PROTECTION

One of the main disadvantages of providing internet access is viruses and worms. According to Webopedia, a virus (opens in a new browser window) is a “programme or piece of code that is loaded onto your computer without your knowledge and runs against your wishes.”

Many popular programmes like Microsoft Office appear on different computers in different households. The likelihood is great that many family members, co-workers, friends, and neighbours use the same software. And when many people use this software, they begin to share information through downloading files, trading floppy disks or zip disks, opening e-mail attachments, displaying Web pages, and file-sharing. They unknowingly open the door to viruses.

• Some viruses are disguised as legitimate computer programmes. Others may use macros written into popular software products — like Microsoft Word — where users can programmeme certain keystrokes to execute certain commands, or to specify certain processes to run when documents are opened or closed — may be written to infect data files.
• Some viruses do little but duplicate themselves, while others can cause serious damage or affect programme and system performance.

What is a Worm?

Worms are computer programmes that replicate themselves and often interferes with the normal operation of a computer, programme, or network. Unlike viruses, worms do not attach to other files or programmes. Worms tend to spread more rapidly than computer viruses because they often take advantage of automatic file sending and receiving to spread them over the network from one computer to the next.

While worms have been known to delete files or send email documents they typically reside in memory, eat up system resources, and slow down your computer.

What is a Trojan Horse?

No, it’s not a horse that you saw in the movie Troy. A Trojan horse is a programme that initially appears useful and fools a user into running it. It frequently hides in games and other small software programmes so that when you download it, you unknowingly execute it on your computer. Unlike viruses, Trojans do not replicate themselves. Rather, they leave behind a programme that can be contacted by another computer. Trojans have also been known to destroy files on your hard disk. One example of a Trojan Horse is a programme that claims to find and delete viruses, but instead, introduce a virus to your computer.

Hoaxes

Many of us have received email chain letters that warn impending viruses. Or they might be disguised as a promotion that sounds too good to resist.

Hoaxes are scare alerts started by malicious people that are passed on by innocent users who think they are helping the community by spreading the warning. Do not forward these hoax messages. There have been many reported cases where e-mail systems collapsed after dozens of users forwarded false alerts to other users. The best course of action is to merely delete these hoax emails

Symantec, a global leader in information security, maintains a page on its Web site(opens in a new browser window) that contains a list of known hoaxes. If you are concerned about a bogus email you received about a new virus or sales promotion, visit this site to see if it is listed and what it says.

Top 10 Tips to Avoid Computer Worms

1. Keep your operating system and applications, particularly email applications like Microsoft Outlook or Outlook Express, up-to-date. Get the updates directly from the vendor.
2. Try to avoid sending or receiving mail that contains attachments.
3. Don’t open attachments that reveal a file extension of EXE, VBS, SHS, or PIF.
4. Do not share your folders with other users unless it’s necessary.
5. Disconnect your network or modem cable when you’re not using your computer – or just power it down.
6. Do not open attachments or follow Web links received in an email advertisement or other unsolicited e-mail.
7. Avoid attachments with sexual file names (NUDES.VSB) that entice you to execute them.
8. Never accept attachments from strangers in online chat systems such as AOL Instant Messenger.
9. Avoid downloading files from public newsgroups (Usenet news)
10. Don’t trust icons or pictures that are associated with file attachments, like a logo of a well-known software product.
11. INFORMATION SECURITY

Generally speaking, privacy rights are granted (if at all) by specific laws, rules, or regulations. Some of those rights apply in the workplace and some don’t. And even if there is no specific law, a right to privacy can be based on the legal common law concept of having a “reasonable expectation of privacy.” For employers and employees, privacy issues have become increasingly prevalent in the workplace, and with the increased use of electronic resources, privacy at work is even more complex especially with respect to confidential information.

Confidential information that exist in the workplace are things like client records, business planning and forecasting, employee records, and information collected in the course of research and development. With the use of the internet, confidentiality of this information can be compromised.

Workplace confidentiality requires that this information be identified and secured to prevent unauthorized access or release of the information and includes everything from policies on workplace Internet usage to nondisclosure agreements in employee contracts.

SECURING THE INTERNET

The following can be done to secure the internet; protected website, digital certificate, encryption, firewall.

1. Firewalls

The best protection against security threats may be anti-virus software and a firewall.  In the computer world, a firewall is a system that keeps dangerous Internet “flames” away from a private computer network, or LAN. In other words, it prevents unauthorized access to or from a private LAN. One mechanism blocks traffic, another permits traffic.

Why is a Firewall Necessary?

• Lurking on the Internet, there are thieves and troublemakers who want to log in to your private network and start snooping around.
• A firewall provides another layer of network security. Firewalls can’t really protect against viruses, so Anti-virus software and regular updates are still a good idea.

2. Digital Certificate

Digital Certificates are the electronic counterparts to driver licenses, passports and membership cards. You can present a Digital Certificate electronically to prove your identity or your right to access information or services online.

 

Digital Certificates, also known as digital certificates, bind an identity to a pair of electronic keys that can be used to encrypt and sign digital information. A Digital Certificate makes it possible to verify someone’s claim that they have the right to use a given key, helping to prevent people from using phony keys to impersonate other users. Used in conjunction with encryption, Digital Certificates provide a more complete security solution, assuring the identity of all parties involved in a transaction.

 

A Digital Certificate is issued by a Certification Authority (CA) and signed with the CA’s private key.

A Digital Certificate typically contains the:

• Owner’s public key
• Owner’s name
• Expiration date of the public key
• Name of the issuer (the CA that issued the Digital Certificate
• Serial number of the Digital Certificate
• Digital signature of the issuer

 

The most widely accepted format for Digital Certificates is defined by the CCITT X.509 international standard; thus certificates can be read or written by any application complying with X.509. Further refinements are found in the PKCS standards and the PEM standard

3. Encryption

Encryption is the process of scrambling a message so that only the intended recipient can read it. The actual cryptographic process is generally a complicated mathematical formulation, the more complex — the more difficult to break. A key is supplied to the recipient so that they can then decipher the message. Keys for encryption algorithms are described in terms of the number of bits. The higher the number of bits – the more difficult that cryptosystem would be to break.

Encryption can provide a means of securing information. As more and more information is stored on computers or communicated via computers, the need to insure that this information is invulnerable to snooping and/or tampering becomes more relevant. Any thoughts with respect to your own personal information (ie. medical records, tax records, credit history, employment history, etc.) may bring to mind an area in which you DO want, need or expect privacy. As teachers, we are often called upon to handle sensitive student information. We need to have access to student records, but maintain the confidentiality of their information..

Encryption is seen by many people as a necessary step for commerce on the internet to succeed. Without confidence that net transactions are secure, people are unwilling to trust a site enough to transact any sort of business using it. Encryption may give consumers the confidence they need to do internet business.

Encryption can also provide a means of “message authentication”. The PGP User’s Guide explains, “The sender’s own secret key can be used to encrypt a message thereby signing it. This creates a digital signature of a message…This proves that the sender was the true originator of the message, and that the message has not been subsequently altered by anyone else, because the sender alone possesses the secret key that made that signature.” [2] This prevents forgery of that signed message, and prevents the sender from denying the signature.

E-mail is certainly not secure. While you may believe that the use of a password makes your business private, you should be aware that sending information without encryption has been likened to sending postcards through the mail. Your message is totally open to interception by anyone along the way. You may believe that your personal e-mail is not incriminating and does not contain content that you must keep secret, and you may be right. But there are many common situations, where users have a legitimate need for security both to protect that information and to insure that information is not tampered with: Consumers placing orders with credit cards via the Internet, journalists protecting their sources, therapists protecting client files, businesses communicating trade secrets to foreign branches, ATM transactions, political dissenters, or whistle-blowers — all are examples of why encryption may be needed for e-mail or data files, and why it might be necessary to create a secure environment through its use.

Teenagers and children are constantly glued to their smartphones and tablets. They use them for social media, entertainment, and communication. However, with internet access comes a lot of legal and ethical issues that every user should know about.

SayPro is here to help you understand these issues and make the most of the internet without breaking any laws or endangering your security. Our online tutorials teach you how to stay safe on the internet, how to use it responsibly, and how to protect yourself from online frauds. Our experts will explain everything you need to know in a simple manner, so that you can easily navigate through the world of digital world. From using social media safely to not being a victim of phishing attacks, we’ll teach you everything that’s important today!

Internet is a big part of our lives today. It plays an important role in different aspects of our life, from communication to entertainment. But somehow, we all ignore the law and ethical issues related to internet use.

SayPro is trying to make us aware of the importance of saying ‘yes’ and ‘no’ when it comes to internet usage. The lesson aims at making us conscious about the legal and ethical issues involved while using internet. Try out your hand at solving these problems, and let me know how you go!

Do you know what saypro is? To put it simply, it’s a lesson on how to use the internet safely. But did you know that there are laws and ethical guidelines in place to help us know when and how to use the internet safely?

This lesson is for you if you’d like to learn about these laws and ethical guidelines so that you can be a savvy and informed internet user. We’ve put together an interesting list of questions from a former assistant attorney general of the US Department of Justice, who has been working on internet safety issues for years now. You’ll get answers to questions like- Why do we have online privacy laws? What is the difference between online and offline stalking? How can I keep my child safe on the web? Or why should I care about online security?

Join this lesson today and learn everything there is to know about internet usage and safety.

Not everyone has the luxury of attending an offline class for their online or mobile learning. So, what do you do when you want to get ahead in your career or choose a new path in life? You opt for online classes!

SayPro is here to help make that possible with lessons that are legal and ethical! When you attend a SayPro lesson, you’ll learn from experienced professionals who know how to navigate the internet safely and manage your privacy. It’s also important to understand the issues of online usage, so our teachers are equipped with that knowledge as well.

Our online classes include interactive exercises and videos that will help you progress quickly while also helping you become more confident online! We understand that getting ahead can be difficult, so we offer flexible scheduling and a student-first mentality that goes above and beyond to create an environment that is conducive to success. With SayPro, there’s no reason why you should ever doubt your ability again!

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