Internet related commercial crimes

English: The purpose of this study was to determine whether these exists a need for legislation in South Africa criminalising Internet related commercial crimes and specifically computer-related crimes, which for all purposes refer to instances where computer experts (hackers) gain access to third parties' computers without authorisation or unlawfully interfere with the latter's computer systems as well as to instances where computer experts disseminate malicious computer programs that do the above. Collectively these instances are referred to as hacking and virus instances. The selling and/or distributing of hackers' tools (used to gain access to computer system or to interfere with the functioning of computer systems) and illegally obtained passwords are also examples of a computer-related crime, studied in this dissertation. In search for an answer to the above-mentioned question, this study assessed whether computer-related crimes can be accommodated by the current definitions of common law as well as statutory offences, with specific reference to the offences of theft, receiving stolen property knowing it to be stolen, fraud, theft by false pretences, malicious injury to property and crimen iniuria. After a thorough analysis of the current law obtaining in South Africa it was concluded that should local courts be willing to extend the application as well as the definitions of common law offences to computer-related crimes, then virtually all instances of computer-related crimes would be encompassed by the above-mentioned common law offences. Only the creation and possession of hackers' tools and illegally obtained passwords would not constitute offences in terms of the South African criminal law. It was further noted that should local courts refuse to extend the application of common law offences to computer-related crimes, then thirteen cyber-"transgression" have to be criminalised. Further note was taken of the South African Law Commission's draft bill, the Computer Misuse Bill, as a proposal to criminalise computer-related crimes. In order to assess whether such proposed legislation is in line with foreign legislation criminalising the above-mentioned aspects, this study also scrutinised the legislation of the United States, the United Kingdom, Singapore, the Netherlands as well as the newly enacted European Convention on Cybercrime. Certain recommendations were also made to the South African Law Commission with regard to the type of conduct that should be criminalised to bring foreseen South African legislation, dealing with cyber-related crimes, in line with foreign legislation.