Basic Concepts of Cyberlaw fo

For Finals: legal problems & national initiatives

Nadia Abu Hasan

Contents

Definition (cyberspace & cyberlaw)

Legal problems of computer networks ( 5 types)-what is it about, examples, & solutions to the
legal problem ( evidence by cases & statutes)

International Initiatives

National Initiatives

Definition

CYBERSPACE: Virtual computer world, and more specifically, is an electronic medium used to form a
global computer network to facilitate online communication.

CYBERLAW: Law that regulate the Internet's relationship to technological and electronic elements,
including computers, software, hardware and information systems (IS). (to regulate cyberspace)

Legal problems of computer networks

1. Identity/ anonymous

- Any forms of Internet communication lack the ability to clearly identify the communicating
parties.

- ‘on the internet, nobody knows you’re a cat’

- It is subjected to different jurisdictional requirements which have not been adequately

developed.

- Identification through an internet host may be hampered by confidentiality and data protection
obligations.

2. Attribution

- Tracking, identifying and laying blame on the perpetrator.

- A signature is unique and hence binds the person signing to the document to which it is
attached.

- Digital messages typically are not uniqu as they have to be interchangeable and interoperable
- Even though a person may be correctly identified, there is a difficulty passed by attributing a
document to that person.

3. Authentication

- Is it original?

- Electronic message can be easily forged.

- Even if a party is identified, there is still difficulty of ensuring that the message or the signature
is authentic or genuine.

- There is an inability to authenticate an electronic document unlike the real world where
witnesses would be present to view a signature being made.

4. Non-repudiation

- It’s a problem in the Internet world and to e-commerce in particular where one party cannot be
confirmed as the recipient or denies seeing or signing a contract or document.

- Repudiate : to deny or contest something

- Non- repudiation : ability to ensure that someone cannot deny or contest (certainty)

- It’s a problem in the internet world and to e-commerce in particular where one party cannot be
confirmed as the recipient or denies seeing or signing a contract or document.

- If transactions cannot be guaranteed, then the men of business may shy away from e-commerce.

- Whether it is certain

5. Jurisdiction

- The internet has no territorial boundaries: it is a virtual world of interconnected computer networks

a.k.a cyberspace.

- who is going to handle the case

- territorial area of authority to hear and judge cases.

International initiatives – convention & treaties (FIND 3 MORE)

The Convention on Cybercrime (Budapest Convention)

 Guideline for developing comprehensive legislation against Cybercrime and international

cooperation.

United Nations Convention Against Transnational Organized Crime (Palermo Convention)

 To enact domestic criminal offences that target organized criminal groups, extradiction, mutual
legal assistance, and law enforcement cooperation.
National initiatives ( legislations/acts)

Computer Crimes Act 1997: To provide for offences relating to the misuse of computers.

Electronic Commerce Act 2006: to facilitate commercial transactions through the use of electronic means
and other matters connected therewith.

Digital Signature Act 1997: to regulate digital signatures and to provide for matters connected
therewith.

Communications and Multimedia Act 1998: to regulate the converging communications and
multimedia industries, and for incidental matters.

Personal Data Protection Act 2010: to regulate the processing of personal data in commercial
transactions and to provide for matters connected therewith and incidental thereto.

Penal code

The Telemedicine Act 1997