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n Tydskrif vir die Suid-Afrikaanse Reg - Die strafregtelike en prosedurele middele ter bekamping van kubermisdaad (deel 1)
Criminal and procedural law aspects regarding crime prevention in cyber space
The computer and specifically the internet, brought about a new technological and information era. The internet created a new and borderless communication medium through which astounding benefits and possibilities were created, specifically with regard to trade, education, research, communication and entertainment. Computer abuse and the commission of cyber crime are, however, directly linked to these developments. A clear distinction is drawn between two categories of cyber crime, namely traditional crimes which are committed in the physical world and internet crimes which are only committed in cyber space. This article in two parts contemplates the question whether provision is made for the prevention of cyber crime in South Africa and if affirmative, whether the prevention of cyber crime can be effectively enforced. The author discusses this question with reference to the criminal law and law of criminal procedure prior to the existence of the Electronic Communications and Transactions Act 25 of 2002, the possible effect that this legislation may have when it is eventually promulgated by the president as well as the possible influence of the Interception and Monitoring Bill on the criminal law and law of criminal procedure. The influence of international treaties and specific problems identified in relation to the prevention of cyber crime are also discussed.
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