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SA’s new cybercrimes law explained

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A new Cybersecurity Bill is coming into effect later this year which aims to stop cybercrime and improve security for South Africans. SEAN DUFFY, Security Executive at Dimension Data Middle East & Africa, explains the basics of the bill.

A proposed new Cybercrimes and Cybersecurity Bill (Cybercrimes Bill) aims to stop cybercrime and to improve security for South African citizens. A draft of the Cybercrimes Bill was first released for public comment in August 2015, and submissions closed in December. The Bill is due to be presented to Parliament later this year.

Who is affected?

The Cybercrimes Bill affects everyone using a computer or the Internet, or anyone who owns an information infrastructure that could be declared critical. Among others, the following individuals and organisations should take note: ordinary South African citizens or employees using the Internet, network service providers, providers of software and hardware tools, financial services providers (the Bill includes prohibited financial transactions), representatives from government departments, those involved with IT regulatory compliance, as well as information security experts.

What are the offences and penalties?

The Cybercrimes Bill consolidates South Africa’s cybercrime laws, which makes successful prosecution of criminals more likely. Up until now, cyber offences were charged under various acts, among others the Prevention of Organised Crime Act, and the Electronic Communications and Transactions (ECT) Act of 2002. The ECT Act seemed to govern most online crime, but only included three cybercrime offences.

The Cybercrimes Bill defines over 50 new offences, and imposes penalties. Some of the offences detailed in the Cybercrimes Bill relate to the following:

·         accessing personal data or interception or interference of data

·         use of hardware, software and computer systems to commit offences

·         acquisition, possession and provision, or receipt or use of passwords, access codes or similar data or devices

·         prohibited financial transactions

·         dissemination of data or messages which advocate, promote or incite hate, discrimination or violence

·         copyright infringement

·         computer-related offences pertaining to terrorist activity such as espionage, unlawful access to restricted data, as well as extortion (which includes unlawful acts in respect of malware pirates, fraud and forgery)

Penalties on conviction are quite severe. Penalties include fines of R 1 – R 10 million and imprisonment of one to ten years, depending on the severity of the offence. The nature of the crime determines the penalty.

The law also imposes obligations on electronic communications service providers, such as mobile networks, Internet service providers, and financial institutions, regarding aspects which may impact on cybersecurity. The Cybercrimes Bill is very specific in obligating these institutions to take steps in preventing cybercrime to protect consumers. It also imposes a fine of R 10 000 a day on organisations that fail to comply with the stipulations in the Cybercrimes Bill.

Structures

The Cybercrimes Bill regulates the powers to investigate, as well as aspects of international cooperation. The Bill also provides for the establishment of a 24/7 point of contact and various structures to deal with cyber security.

Gear up for the final law

Incidents will happen, but it’s how an organisation responds that matters. Government is working on establishing a legal mechanism for anyone to defend themselves against cybercrime. However, organisations need to be more proactive in their security through the use of services such incident response plans, real-time threat management, vulnerability management and managed security services.

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“The Cybercrimes Bill provides legal backing for anyone to defend themselves in law against cybercrime.”

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Notre Dame, Scoop Makhathini, GoT, top week in search

From fire disaster to social media disaster, the top Google searches this week covered a wide gamut of themes.

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Paris and the whole world looked on in shock as the 856-year-old medieval Catholic cathedral crumbled into ash. The tragic infernal destruction of this tourist attraction of historical and religious significance led South Africans to generate more than 200 000 search queries for “Notre Dame Cathedral” on Monday. Authorities are investigating the cause of the fire that razed the architectural icon.

In other top trending searches on Google this week, radio presenter Siyabonga Ngwekazi, AKA Scoop Makhathini, went viral when it appeared he had taken to Twitter to expose his girlfriend, Akhona Carpede, for cheating on him. Scoop has since come out to say that he was not responsible for the bitter rant and that his account was hacked. “Scoop Makhathini” generated more than 20 000 search queries on Wednesday.

Fans generated more than 20 000 search queries for “Sam Smith” on Tuesday ahead of the the British superstar’s Cape Town performance at the Grand West Casino. Smith ended up cutting his performance short that night due to vocal strain.

Local Game of Thrones superfans were beside themselves on Sunday, searching the internet high and low for the first episode of the American fantasy drama’s eighth season. “Game of Thrones, season 8, episode 1” generated more than 100 000 queries on Google Search on the weekend.

As the festivities kicked off in California with headliners such as Childish Gambino and Ariana Grande, South Africans generated more than 2 000 search queries for “Coachella” on Saturday.

South Africans generated more than 5 000 search queries for “Wendy Williams” on Friday  as it emerged that the American talk show host had filed for divorce from her husband Kevin Hunter after 21 years of marriage. Hunter has long been rumored to have been cheating on Williams, which reportedly finally led to the divorce.

Search trends information is gleaned from data collated by Google based on what South Africans have been searching for and asking Google. Google processes more than 40 000 search queries every second. This translates to more than a billion searches per day and 1.2 trillion searches per year worldwide. Live Google search trends data is available at https://www.google.co.za/trends/hottrends#pn=p40

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5G smartphones to hit 5M sales in 2019

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According to the latest research from Strategy Analytics, global smartphone shipments will reach a modest 5 million units in 2019. Early 5G smartphone models will be expensive and available in limited volumes. Samsung, LG and Huawei will be the early 5G smartphone leaders this year, followed by Apple next year.

Ken Hyers, Director at Strategy Analytics, said, “We forecast global 5G smartphone shipments will reach a modest 5 million units in 2019. Less than 1 percent of all smartphones shipped worldwide will be 5G-enabled this year. Global 5G smartphone shipments are tiny for now, due to expensive device pricing, component bottlenecks, and restricted availability of active 5G networks.”

Ville Petteri-Ukonaho, senior analyst at Strategy Analytics, added, “Samsung will be the early 5G smartphone leader in the first half of 2019, due to initial launches across South Korea and the United States. We predict LG, Huawei, Xiaomi, Motorola and others will follow later in the year, followed by Apple iPhone with its first 5G model during the second half of 2020. The iPhone looks set to be at least a year behind Samsung in the 5G smartphone race and Apple must be careful not to fall too far behind.”

Neil Mawston, executive director at Strategy Analytics, added, “The short-term outlook for 5G smartphones is weak, but the long-term opportunity remains huge. We forecast 1 billion 5G smartphones to ship worldwide per year by 2025. The introduction of 5G networks, by carriers like Verizon or China Mobile, opens up high-speed, ultra-low-latency services such as 8K video, streaming games, and augmented reality for business. The next big question for the mobile industry is how much extra consumers are really willing to pay, if anything, for those emerging 5G smartphones and services.”

Strategy Analytics provides a snapshot analyses for the outlook for 5G smartphone market in this Insight report: 5G Smartphones : From Zero to a Billion

Strategy Analytics provides a deep-dive into the air-interface technologies that will power phones through 2024 across 88 countries here: Global Handset Sales Forecast by 88 Countries and 19 Technologies : 2003 to 2024

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