E-Government Legal
Requirements
‘Government’ within and
according to Law
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Laws in general (such as constitutional,
administrative, contract and criminal
laws) are applicable
Specific Laws –
IP Law, Computer Crime Law and
Electronic Transactions Law etc.
Law
IP Act No: 36 of 2003
Electronic Transactions Act. No: 19 0f
2006
Computer Crime Act No: 24 of 2007
(Information and Communication
Technology Act No: 27 of 2003 -policy
and Evidence (Special Provisions) Act
No: 14 of 1995 -computer evidence).
Computer…..
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Computer : an electronic or similar device
having information processing capabilities
(IP Act and ET Act)
Computer program: A set of
instructions expressed in words, codes,
schemes or in any other form which is
capable, when incorporated in a medium that
the computer can read, of causing a
computer to perform or achieve a particular
task or result.
(IP Act and Computer Crime Act)
IP Regime :
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Computer programs : Copyright Law
Protected as a literary work
(source code & object code)
Protected rights – moral & economic
Owner of rights: author, employer & person
who commissioned
Duration – Life time & 70 years
Acquisition – purchase/license
Databases – Copyright Law
IP Regime -continue …
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Infringement : acts that violate protected
rights
Civil/criminal liability
Hardware
Patent law (inventions)
Trademark law ( Business)
Layout designs
Information
Undisclosed information (secret, kept secret
& financial value), Law of contracts
Electronic Transactions
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Electronic documents, e-records data messages and other ecommunication are legally valid (offer & acceptance)
Requirement in writing & e-documents, etc., (electronic form)
valid if the contained information is accessible so as to be
usable for subsequent reference.
Original forms of information in writing – can be in e-form (
reliability of the integrity of information and availability of
information for subsequent reference)
Information retention e-form
Electronic signatures
E-records/signatures in govt. forms, licences, permits, receipts
( as may be specified by the relevant govt. agency)
Regulations
E-contracts – valid unless otherwise agreed (formation,
originator, time, etc.,)
Computer Crimes (Cyber
Crimes)
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Unauthorized & intentional access to a computer – (computer/information held
in computer) (hacking)
An act done in order to secure access to computer /information held in
computer (turning on of a computer) (cracking)
Unauthorized & intentional act of causing a computer to perform any function
that will result in unauthorized modification or damage or potential damage to
a computer, computer system or computer program (eg. deleting information)
Intentionally causing a computer to perform a function adversely affecting
national security, national economy or public order.
Obtaining (unauthorized & intentional) information from a computer or a
storage medium of a computer – buys. receives, sells or (deals with) ,offers for
sale, downloads, uploads, copies, acquires, etc.,
Intercepting data or communication to, from or within a computer or
electromagnetic emissions from a computer carrying information
Illegal devices (for committing an offence) produces, sells, imports, procures,
etc.,
Unauthorized disclosure of information (entrusted) which enables access to any
service provided by means of a computer
Attempt, abetment & conspiring
THANK YOU
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Survives
only adoptable, not strongest