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EXECUTIVE SUMMARY

This investigation focusses on the activities of obtaining unauthorised access to computer data and software applications and of unauthorised modification of computer data and software applications.

Computers are playing an integral part in the functioning of our society. Computers are relied upon to perform functions upon which human life as well as the economic and industrial functioning of society are dependant. The potential danger if computers performing these functions are interfered with is very serious. The Commission therefore proposes that these activities be made subject to criminal sanction.

The activities of obtaining unauthorised access to computer data and software applications and of unauthorised modification of computer data and software applications cannot be dealt satisfactorily with in terms of the present provisions of our criminal law. This indicates that the introduction of new offences by way of legislation should be seriously considered. It is therefore proposed that a “Computer Misuse Act” be developed for this purpose.

The offences that should be contained in such an Act are:

• unauthorised access to applications or data in computer system,

• unauthorised modification of applications or data in computer system,

• development and trafficking in devices or applications primarily used to obtain unauthorised access,

• trafficking in computer passwords, and

• interference with use of computer system.

It is also proposed that a Computer Misuse Act make provision for procedural matters such as search and seizure, admissibility of evidence and jurisdiction.

The Commission’s proposals are embodied in a proposed Bill attached to this discusion paper as Annexure A.