Namibian ECT Bill and computer breaches.

Abstract

This mini-thesis examines the impact and effectiveness of the Namibian ECT Bill, which is still to be passed in the Namibian parliament. The Namibia ECT Bill in its current format, will it be effective in an attempt to combat cybercrimes and computer breaches? Internet has taken over and plays a role in everybody‟s daily lives. People are connected to the internet from everywhere. They connect to cyberspace where there is access to the internet i.e. at their home, at their office, at the restaurant, at the airport, etc. Subsequently, people are conducting business online, forming online contracts via the internet. In other words e-commerce is a reality because of the information highway and internet. This mini-thesis has looked at the cyber crime cases that some countries have experienced where the law enforcement agency was seen to be useless or powerless. This was due inadequate cyber law or the cyber activities were not a crime at that point in time, in that particular country. Despite damages and losses suffered as a result of such cyber activities, suspect(s) remain free and never faced the law. Contractual issues over the internet have been explored during this research. There are questions that; for example, when the contract is concluded, what are the terms of contract and how the law is going be applied to the online contract. The mini-thesis examined concerns about the electronic signature and the Certification Authority. The provision for electronic signature in the Namibian ECT Bill has been compared against similar acts in countries that have similar legislation in place. Other issues of concern are that each country has defined its ECT Act differently from other countries. This differences have led to a situation where what is legal in one country, is illegal in another country. Page 7 of 109. The mini-thesis has also looked at issues of cyberspace jurisdiction. Many references have been highlighted as to what might be the possible solution to cyberspace jurisdiction. Some comparisons are highlighted in this mini-thesis, with an attempt to show the similarity and differences between the Namibian ECT Bill and other countries‟ ECT Acts. A few cybercrime cases have been covered in this mini-thesis. Some of the suspects appeared before the courts but could not be successfully prosecuted therefore, ending in acquit.