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Cybercrimes Act, No. 19 of 2020:

Craig Nicholson

Lessons

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Introduction to the Cybercrimes Act of 2020

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Standard Operating Procedures

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Content Manager

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Definitions and Interpretations

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CYBERCRIMES, MALICIOUS COMMUNICATIONS, SENTENCING AND ORDERS TO PROTECT COMPLAINANTS FROM HARMFUL EFFECT OF MALICIOUS COMMUNICATIONS PART I: CYBERCRIMES – CHAPTER 2

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Unlawful access

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Unlawful interception of data

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Unlawful acts in respect of software or hardware tool

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Unlawful acts in respect of software or hardware tool

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Unlawful interference with data or computer program

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Unlawful interference with computer data storage medium or computer system

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Unlawful acquisition, possession, provision, receipt or use of password, access code or similar data or device

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Cyber fraud

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Cyber forgery and uttering

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Cyber extortion

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Aggravated offences

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Theft of incorporeal property

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CYBERCRIMES, MALICIOUS COMMUNICATIONS, SENTENCING AND ORDERS TO PROTECT COMPLAINANTS FROM HARMFUL EFFECT OF MALICIOUS COMMUNICATIONS PART 2: PART II: MALICIOUS COMMUNICATIONS – CHAPTER 2

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Definitions

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Data message which incites damage to property or violence

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Data message which threatens persons with damage to property or violence

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Disclosure of data message of intimate image

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ATTEMPTING, CONSPIRING, AIDING, ABETTING, INDUCING, INCITING, INSTIGATING, INSTRUCTING, COMMANDING OR PROCURING TO COMMIT OFFENCE – PART III – CHAPTER 2

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Attempting, conspiring, aiding, abetting, inducing, inciting, instigating, instructing, commanding or procuring to commit offence

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COMPETENT VERDICTS – PART IV – CHAPTER 2

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Competent verdicts

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SENTENCING – PART V – CHAPTER 2

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Sentencing

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ORDERS TO PROTECT COMPLAINANTS FROM THE HARMFUL EFFECT OF MALICIOUS COMMUNICATIONS – PART VI – CHAPTER 2

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Order to protect complainant pending finalisation of criminal proceedings

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Electronic communications service provider to furnish particulars to court

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Orders on finalisation of criminal proceedings

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Penalties

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CHAPTER 3 – JURISDICTION

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POWERS TO INVESTIGATE, SEARCH, ACCESS OR SEIZE – CHAPTER 4

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Definitions

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Application of Criminal Procedure Act, 1977

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Search for, access to, or seizure of certain articles

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Article to be searched for, accessed or seized under search warrant

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Oral application for search warrant or amendment of warrant

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Search for, access to, or seizure of article without search warrant with consent of person who has lawful authority to consent

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Search for, access to, or seizure of article involved in the commission of an offence without search warrant

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Search for, access to, or seizure of article on arrest of person

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Assisting police official or investigator

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Obstructing or hindering police official or investigator and authority to overcome resistance

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Powers conferred upon police official or investigator to be conducted in decent and orderly manner with due regard to rights of other persons

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Wrongful search, access or seizure and restriction on use of instrument, device, password or decryption key or information to gain access

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False information under oath or by way of affirmation

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Prohibition on disclosure of information

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Interception of indirect communication and obtaining of real-time communication-related information

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Expedited preservation of data direction

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Preservation of evidence direction

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Oral application for preservation of evidence direction

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Disclosure of data direction and search for, access to, and seizure of articles subject to preservation

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Obtaining and using publicly available data or receiving data from person who is in possession of data

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MUTUAL ASSISTANCE – CHAPTER 5

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Application of provisions of Chapter

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Spontaneous information

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Foreign requests for assistance and cooperation