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CHAPTER 5

5. THE WAY FORWARD

5.1 It is suggested that the issues and options relating to the unauthorised access to computers and the unauthorised modification of computer data and software applications be debated thoroughly before any direction is embarked upon. This debate should also include the options for procedural provisions in order to facilitate the detection, investigation and prosecution of unauthorised access to computers and the unauthorised modification of computer data and software applications.

5.2 Based on the outcome of such discussions legislation in respect of investigation and prosecution of unauthorised access to computers and the unauthorised modification of computer data and software applications as well as related procedural aspects may be proposed. The comments of all parties who feel that they have an interest in this topic or may be affected by the type of measures discussed in this paper are therefore of vital importance to the Commission.

5.3 To facilitate a focussed debate, respondents are requested to formulate crisp submissions with the following in mind:

5.3.1 do respondents agree with the scope of the investigation and the according of priorities to the various objectives as set out in paragraphs 1.4 and 1.5 of Chapter One of this Issue Paper;

5.3.2 is there a need for legislative intervention to create the offences of unauthorised access to computers and the unauthorised modification of computer data and software applications;

5.3.3 is there a need for the introduction of procedural provisions developed specifically to be applied in relation to computer related offences;

5.3.4 is it agreed that the principal issues are those set out in this paper,

5.3.5 are there any other issues pertaining to the unauthorised access to computers, the unauthorised modification of computer data and software applications and the related procedural matters which were not discussed in this paper, and

5.3.6 what, specifically, is proposed in relation to those issues (or any further issues) as an effective basis for reformatory legislation?

5.4 All respondents are invited to indicate their preferences in respect of the options examined and to raise other issues and options of which the Commission may be unaware and which they feel should be explored.