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CYBERLAW ASSIGNMENT 1 2023

QUESTION PAPER

Instructions:
• The Cyberlaw Assignment 1 is based on chapters 1 – 3 of your learning guide.
• Assignment 1 counts 40 marks.
• Please answer the questions on the (model) answer paper.
o Please leave a line between each answer.
• The assignment must be submitted on or before 26 April 2023.
• If you submit the assignment answer paper electronically, please email it to me, prof MM
Watney at [email protected].
• All of the best with the Cyberlaw Assignment 1.
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QUESTION 1

Read the following statement:

On 1 March 2023 the United States of America (USA) published a comprehensive

Cybersecurity Strategy. It provides: “And when we pick up our smart phones to keep
in touch with loved ones, log onto social media to share our ideas with one another,
or connect to the Internet to run a business or take care of any of our basic needs
(my own insertion: banking, education, streaming of Netflix or Showmax), we need to
be able to trust the underlying digital ecosystem is safe, reliable, and secure”. Later
in the same document, the following observation is made: “Many of the technical
foundations of the digital ecosystem are inherently vulnerable.”

You must explain to a victim of online harassment the digital ecosystem in which the
harassment took place.

It is important that you understand this digital ecosystem otherwise you will not be
able to comprehend the legal implications of e-commerce or social media
communication or the use of Information and Communication Technologies (ICTs) in
your personal and/or work life.

Answer the following questions with reference to the statement:

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1. Define the Internet. (1)

2. Provide the difference between the Internet and the WWW. (2)

3. Explain cyberspace by answering the following questions:

3.1 Define cyberspace; and (1)

3.2 Provide one example from the statement that constitutes communication in cyberspace.
(1)

4. This statement refers to the USA 2023 Cybersecurity Strategy.

4.1 Why is the statement also applicable to South Africa or any state within the African
Union (AU)? (1)

4.2 In 2015 the United Nations ((UN) issued 17 sustainable development goals (SDGs) that
are binding on all states.

You can see the 17 SDGs at the following UN website: https://sdgs.un.org/goals. Goal 5
provides for gender equality and empowering all women and girls. In the latter regard,
gender-based harassment will be applicable.

What is the role of ICT in respect of achieving these SDGs? (1)

4.3 Is access to the Internet a human right in South Africa. Provide a yes or no with a
motivation. (2)

5 Reference is made to the “underlying digital ecosystem” that must be safe, reliable, and
secure.

5.1 What does the “digital ecosystem” consists of? (1)

5.2 Provide one example from the statement that must be safe and secure. (1)

6. In respect of question 5 above, cyberlaw must regulate the Internet, WWW and
cyberspace. Define cyberlaw. (1)

7. What must a business (or educational institution or hospital or government agency) have
today in respect of the Internet (digital ecosystem)? (1)
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8. In respect of question 7 referred to above, this business must therefore have a 8.1
____________ (1) (intellectual property, referred to as IP) in the digital ecosystem which
will be referred to as a 8.2 _______________________ (1) (intellectual property) in a
physical world.

9. In respect of intellectual property: Why is the protection of IP so problematic within the

context of the digital ecosystem? (1)

10. Why does social media exacerbate (aggravate; worsen) harassment? (1)

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QUESTION 2

• Read the following set of facts:

In 2021 the Department of Justice (DoJ) experienced a ransomware attack. The

ransomware attack resulted in a data breach.

Assume you work as a clerk of the court at the district court.

Answer the following questions with reference to the set of facts:

1. Briefly define briefly a data breach. (1)

2. Section 14 of the Constitution protects privacy. The Protection of Personal Information

Act (POPIA) 4 of 2013 which came into operation in July 2021 protects personal
information.

2.1 What is the difference between the Constitution and POPIA? (1)

2.2 Define personal information. (1)

2.3 Why must personal information be protected? (1)

3. Very briefly explain what the responsible party (in the set of facts it would be the DoJ)
do when there is data breach? (2)

4. What would have been the impact (risk) of the ransomware on you as clerk of the court?
(1)

5. Is POPIA an example of cyberlaw? Indicate a yes or no with a motivation. (1)

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QUESTION 3

• Read the following set of facts:

Your friend wants to set up a bed and breakfast (referred to as an airbnb). She wants
to advertise the airbnb online. The customers must email her if they wish to stay at
her airbnb. They must also provide her with a deposit in South African currency (ZAR).

She lives in Soweto and her house is 14 kilometers from Gold Reef City and 22
kilometers from Johannesburg Stadium.

She approaches you for a legal opinion in respect of the following questions:

• Read “how an Airbnb operates”; see https://www.investopedia.com/articles/personal-

finance/032814/pros-and-cons-using-airbnb.asp.

1. She has already looked at other airbnb online which are also in Soweto and in a similar
location as her house. She wants to copy their online information and paste it and use it
as it is for the advertisement of her own airbnb. She asks you if she may copy and post
it?

Indicate whether she may copy and paste the information. (2)

2. You explain to her that anyone who does business online, are now involved in
ecommerce. Define ecommerce. (1)

3. Which type of contract will this be? (The answer is not an ecommerce contract.) (1)

4. You explain to her that when one buy or book online, one concludes a contract. Your
friend understands this as she has bought clothes online. She says that her customers will
send her an email if they wish to make a booking.

She asks you when the contract will be concluded. Explain briefly to her when the
contract will be concluded. (3)

5. May an online consumer, once he/she has booked the accommodation, cancel the
purchase? Provide a yes or no with a motivation. (2)
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6. Most online contracts are concluded automatically. If a bank customer applies for a loan,
such a loan is concluded automatically by means of the software of the bank. Explain
what the latter statement means. (1)

7. Do you have an issue / concern in respect of a bank loan being automatically processed?
Indicate a yes or no and motive your answer. (1)

8. Is the contract referred to at question 6 an example of AI? Indicate yes or no, motivate
your answer and provide a definition of AI (3)

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You have now concluded the Cyberlaw Assignment 1.

Answer the following question pertaining to the Cyberlaw Assignment 1: How does the
following quote impact on you specifically in respect of the Cyberlaw Assignment 1 you have
completed: “Knowledge is only education if it finds purpose and application in society”
and “Knowledge is power, but understanding is everything” (sources unknown).
[1]

Indicate which source (s)you consulted for the completion of your assignment.

TOTAL: 40 MARKS