Sa hofsake 2003-2006

Computer crimes

Watney, M. Malicious injury to property caused by a computer virus. Tydskrif vir die Suid-Afrikaanse Reg Iss 3, p. 603-609, 2005 ISSN: 0257-7747

Abstract: Looks at the crime of malicious injuries to property as in the case of computer viruses.

Ebershon, G.J. A common law perspective on computer-related crimes (3) Tydskrif vir Hedendaagse Romeins-Hollandse Reg Vol. 67, Iss 3, p. 375-382, Aug, 2004

Abstract: Looks at crimen iniuria as part of computer-related crimes.

Ebersohn, G.J. A common law perspective on computer-related crimes (part 2) Tydskrif vir Hedendaagse Romeins-Hollandse Reg Vol. 67, Iss 2, p. 193-215, May, 2004

Abstract: Looks at whether instances of computer hacking and the dissemination of computer viruses constitute fraud in terms of the SA common law.

Van Jaarsveld, I. Following the money across cyber highways: a Herculean task or international challenge? Some thoughts on money laundering on the Internet. South African

Mercantile Law Journal Vol. 16, Iss 4, p. 685-702, 2004 ISSN: 1015-0099

Abstract: Looks at the crime of money laundering and how it takes place on the Internet.

Watney, M. Identity theft: the dangerous imposter. De Rebus Iss 435, p. 20-22, July, 2004 ISSN: 0250-0329

Abstract: Looks at the concept of identity theft in the SA criminal law.

Ebersohn, G. Internet law: cookies, traffic data, and direct advertising practices. South African Mercantile Law Journal Vol. 16, Iss 4, p. 741-764, 2004 ISSN: 1015-0099

Abstract: Looks at the use of cookies by website operators and the right to privacy.

Ebersohn, G.J. Common law perspective on computer related crimes (part 1) Tydskrif vir Hedendaagse Romeins-Hollandse Reg Vol. 67, Iss 1, p. 22-42, Febr, 2004

Abstract: Looks at the principles of various common law offences and their application tothe Internet.

Van der Merwe, D. Computer crime: recent national and international developments. Tydskrif vir Hedendaagse Romeins-Hollandse Reg Vol. 66, Iss 1, p. 30-44, Febr, 2003

Abstract: Discusses national and international developments in the field of cybercrime.

Watney, M.M. Die strafregtelike en prosedurele middele ter bekamping van kubermisdaad deel 1) Tydskrif vir die Suid-Afrikaanse Reg Iss 1, p. 56-74, 2003 ISSN: 0257-7747

Abstract: Discusses criminal and procedural law aspects regarding crime prevention in cyberspace.

Ebersohn, G.J. Internet law: port scanning and ping flooding: a legal perspective. Tydskrif vir Hedendaagse Romeins-Hollandse Reg Vol. 66, Iss 4, p. 563-570, Nov, 2003

Abstract: Looks at port scanning and ping flooding as types of computer crimes which are regulated by act 25 of 2002.

Title: Criminal profiling and insider cyber crime

Personal Author: Nykodym, Nick; Taylor, Robert; Vilela, Julia

Source: Computer Law and Security Report v. 21 no. 5 (2005) p. 408-14

Subject(s): Computer crimes; Criminal investigation; Criminal statistics; Personnel management
Title: Identity theft in an online world

Personal Author: Marshall, Angus M.; Tompsett, Brian C.

Source: Computer Law and Security Report v. 21 no. 2 (2005) p. 128-37

Subject(s): Identity theft; Computer crimes

Title: The Fight against Crime and/or the Protection of Privacy: A Thorny Debate!

Personal Author: Poullet, Yves

Source: International Review of Law Computers & Technology v. 18 no. 2 (July 2004) p. 251-73

Subject(s): Computer crimes; Computers and privacy; Electronic surveillance/Belgium

Title: Special Issue: Collecting and Producing Electronic Evidence in Cybercrime Cases

Source: International Review of Law Computers & Technology v. 18 no. 2 (July 2004) p. 147-297

Subject(s): Computer data as evidence; Computer crimes
Title: Intrusion Detection: Issues and Challenges in Evidence Acquisition

Personal Author: Broucek, Vlasti; Turner, Paul

Source: International Review of Law Computers & Technology v. 18 no. 2 (July 2004) p. 149-64

Subject(s): Computer crimes; Computers/Security measures; Computers and privacy; Computer data as evidence

Title: The Long Way from Electronic Traces to Electronic Evidence

Personal Author: Dinant, Jean-Marc

Source: International Review of Law Computers & Technology v. 18 no. 2 (July 2004) p. 173-83

Subject(s): Computer data as evidence; Computer crimes

Title: Legal Admissibility of Electronic Evidence

Personal Author: Leroux, Olivier

Source: International Review of Law Computers & Technology v. 18 no. 2 (July 2004) p. 193-220

Subject(s): Computer data as evidence; Admissibility of evidence; Computer crimes

Title: Cyber Crime and Punishment: Filtering out Internet Felons

Personal Author: Habib, Jessica, student author

Source: Fordham Intellectual Property, Media & Entertainment Law Journal v. 14 no. 4 (Spring 2004) p. 1051-92

Subject(s): Computer crimes; Supervised release; Sentencing/Guidelines; Judicial discretion

Title: Cybercrimes & misdemeanors: a reevaluation of the Computer Fraud and Abuse Act

Personal Author: Skibell, Reid, student author

Source: Berkeley Technology Law Journal v. 18 no. 3 (Summer 2003) p. 909-44

Subject(s): Computer crimes; Computers/Security measures

Title: A survey of cybercrime in the United States

Personal Author: Burstein, Aaron, student author

Source: Berkeley Technology Law Journal v. 18 no. 1 (Annual Review 2003) p. 313-38

Subject(s): Computer crimes

Title: Legislating for robots & zombies

Personal Author: Rasdale, Mark

Source: Computer Law and Security Report v. 22 no. 3 (2006) p. 222-7

Subject(s): Denial of service attacks; Computer crimes/Enforcement issue/Great Britain

Title: The Tort of Negligent Enablement of Cybercrime

Personal Author: Rustad, Michael L.; Koenig, Thomas H.

Source: Berkeley Technology Law Journal v. 20 no. 4 (Fall 2005) p. 1553-611

Subject(s): Computer crimes/Enforcement issue; Negligent enablement; Vicarious liability

Title: Consultation on UK implementation of the IP Enforcement Directive

Source: Computer Law and Security Report v. 21 no. 5 (2005) p. 361

Subject(s): Intellectual property/Enforcement issue/Great Britain; Computer crimes/Great Britain

Title: Procedural Law Provisions of the Council of Europe Convention on Cybercrime

Personal Author: Cangemi, Daniele

Source: International Review of Law Computers & Technology v. 18 no. 2 (July 2004) p. 165-72

Subject(s): Computer crimes/International aspects; Criminal investigation; Computer data as evidence; Convention on Cybercrime

Title: The Legal Duty of IAPs to Preserve Traffic Data: A Dream or a Nightmare?

Personal Author: Monti, Andrea

Source: International Review of Law Computers & Technology v. 18 no. 2 (July 2004) p. 221-30

Subject(s): Computer data as evidence/Italy; Criminal investigation/Italy; Computer crimes/Italy; Internet service providers/Italy

Title: The world's current legislative efforts against cyber crime

Personal Author: Nykodym, Nick; Taylor, Robert

Source: Computer Law and Security Report v. 20 no. 5 (2004) p. 390-5

Subject(s): Computer crimes/International aspects

Title: United Kingdom

Personal Author: Saxby, Stephen

Source: Computer Law and Security Report v. 20 no. 4 (2004) p. 332-9

Subject(s): Computer crimes/Great Britain; Intellectual property/Great Britain; Information technology/Great Britain

Title: Cyber-crime--criminal offence or civil wrong?

Personal Author: Barton, Paul; Nissanka, Viv

Source: Computer Law and Security Report v. 19 no. 5 (2003) p. 401-5

Subject(s): Computer crimes/Great Britain; Computer crimes/United States

Title: Cyber Crime -- A new breed of criminal?

Personal Author: Burden, Kit; Palmer, Creole

Source: Computer Law and Security Report v. 19 no. 3 (2003) p. 222-7

Subject(s): Computer crimes/Great Britain

Title: The Council of Europe's Convention on Cybercrime

Personal Author: Weber, Amalie M., student author

Source: Berkeley Technology Law Journal v. 18 no. 1 (Annual Review 2003) p. 425-46

Subject(s): Internet/Personal jurisdiction/European Union countries; Computer crimes/European Union countries; Jurisdiction/International law; Convention on Cybercrime

Title: Industry takes the lead in fight against cyber-crime

Personal Author: Saxby, Stephen

Source: Computer Law and Security Report v. 19 no. 1 (2003) p. 68-9

Subject(s): Computers/Security measures/Great Britain; Computer crimes/Great Britain; Information warfare

Title: Foundations of computer forensics: A technology for the fight against computer crime

Personal Author: Wang, Yun; Rosenbluth, James; Cannady, James

Source: Computer Law and Security Report v. 21 no. 2 (2005) p. 119-27

Subject(s): Computer forensics
Corruption
Pragal, O. Assessing SouthAfrica's Prevention and Combating of Corrupt Activities Act. Acta Criminologica Vol. 19, Iss 2, 18-26, 2006 ISSN: 1012-8093

Abstract: Assesses the strengths and weaknesses of the Prevention and Combating of Corrupt Practices Act and compares it to the German law. Defines the concept of corruption. Focuses on the structure and key features of the PCCAA. Draws conclusions.

Schroth, P.W. The African Union Convention on Preventing and CombatingCorruption. Journal of African Law Vol. 49, Iss 1, p. 24-38, 2005 ISSN: 0021-8553

Abstract: Looks critically at the provisions of the African Union Convention on Preventing and Combating Corruption.

Ferreira-Snyman, M. Demokrasie en die openbare administrasie. Tydskrif vir Geesteswetenskappe Vol. 45, Iss 1, p. 79-89, Mar, 2005 ISSN: 0041-4751

Abstract: Argues that an open and transparent public administration is typical of a real democracy. Describes how failure to promote the democratic principles and values outlined in Section 195 of the South African Constitution will inevitably result in the undermining of constitutional democracy.

Powell, S. The implications of the Shaik judgement and the new corruption act on business and government in SA. IMFO Vol. 6, Iss 1, Spring, p. 14-15, 2005

Abstract: Discusses the implications of the Shaik judgement with reference to the provisions of the Prevention and Combating of Corrupt Activities Act and the meaning of the term 'gratification'.

Schulze, H. Law reports: criminal law. De Rebus Iss 448, p. 30-31, Nov, 2005 ISSN: 0250-0329

Abstract: Looks at the outcome of the S v Shaik trial which led to the downfall of South African Deputy President Jacob Zuma.

Wakefield, R. No free lunches: criminal law. Without Prejudice Vol. 5, Iss 9, p. 44-45, Oct, 2005 ISSN: 0833-1278

Abstract: Considers how the Prevention and Combating of Corrupt Activities Act affect the common corporate practices of hosting existing and prospective customers and clients to lavish lunches, weekends at game lodges and holidays abroad.

Swaine, L. Potentially terrifying consequences: corruption. Without Prejudice Vol. 5, Iss 1, p. 22-23, Feb, 2005 ISSN: 0833-1278

Abstract: Looks at South Africa's legislation pertaining to corruption, focusing on the scope of the legislation, the consequences and some shortcomings.

De Bruyn, E.; Bobison-Opoku, B. Red cards for some referees: financial law. Without prejudice: South Africa's corporate legal magazine Vol. 6, Iss 1, 31-32, Feb, 2005 ISSN: 1681-178X

Abstract: Highlights some of South Africa's more famous whistleblowers, highlighting some of the abuses against whistleblowers. Discusses the Protected Disclosures Act and relevant court judgements. Stresses the need for companies to encourage whistleblowing.

Eliott, A. Rooting out corruption: criminal law. Without prejudice: South Africa's corporate legal magazine Vol. 5, Iss 10, 22, 24, Nov, 2005 ISSN: 1681-178X

Abstract: Maintains that the current legislative climate provides little incentive for would-be whistleblowers to expose corruption. Advocates the amendment of the Protected Disclosures Act to broaden its protective ambit, reduce the preconditions for protection and come up with innovative schemes to encourage whistleblowing and expose corruption.

Sibanda, O. The South African corruption law and bribery of foreign public officials in international business transactions: a comparative analysis. South African Journal of Criminal Justice Vol. 18, Iss 1, p. 1-23, 2005 ISSN: 1011-8527

Abstract: Looks at the bribery of foreign public officials in international business transactions as regulated by section 5 of Act 12 of 2004.
Auriacombe, C.J. Whistleblowing and the law in South Africa. Politeia v 24, no 2, 2005, p 215-225; Pretoria: Unisa ISSN: 0256-8845 Pretoria.

Abstract: Critically evaluates the Protected Disclosures Act and other legislation that aim to curb corruption in the workplace. Highlights various shortcomings in the current legislation.

Le Roux, R. Aspects of South African law as it applies to corruption in the workplace. South African Journal of Criminal Justice Vol. 17, Iss 2, p. 158-177, 2004 ISSN: 1011-8527

Abstract:

Explores the means at the disposal of employers and employees to address corruption in the workplace.

Case roundup: cover blown: issuing of false invoices. Employment Law Vol. 20, Iss 3, p. 23, June, 2004

Abstract: Looks at the admissibility of evidence during arbitration proceedings as discussed in 2004(4)BALR 520(CCMA).

Ryan, C. Double jeopardy looms: corruption. Without Prejudice Vol. 4, Iss 4, p. 12-13, Jun, 2004 ISSN: 0833-1278

Abstract: Focuses on the arms scandal and the Lesotho Highlands dam corruption trial as two watershed events in South Africa's bid to rid itself from corruption. Discusses the Prevention and Combating of Corrupt Practices Act or Anti-Corrupt Act, as well as other initiatives aimed at preventing and fighting corruption.

Vivian, R.W. How asset forfeiture comes back to bite us: criminal justice system. Without Prejudice Vol. 4, Iss 4, p. 17-18, Jun, 2004 ISSN: 0833-1278

Abstract: Traces the history of asset forfeiture in order to show that it can lead to murder and corruption. Discusses the establishment of the South African Asset Forfeiture Unit. Points out that 67 percent of assets seized during 2003 will be kept by the state for 'crime prevention'. Contends that the state has no more claim over the assets used in a crime that the original thief.

Matlala, D. Law reports: corruption. De Rebus Iss 432, p. 44, April, 2004 ISSN: 0250-0329

Abstract: Looks at the outcome of 2004(1)SA 611(N) in which a court interpreter conspired to get rid of certain court dockets.

Middleton, M. No escape from the imperative to blow that whistle: corruption. Without Prejudice Vol. 4, Iss 6, p. 21-22, Aug, 2004 ISSN: 0833-1278

Abstract: Discusses the Prevention and Combating of Corrupt Activities Act. Identifies specific persons involved in corrupt activities, as well as corrupt activities. Considers the investigation and penalties.

Singh, D. Violators and victims: a historical review of policing in South Africa after a decade of democracy. Acta Criminologica Vol. 17, Iss 3, p. 86-98, 2004

Abstract: Analyses the results of a research study to determine whether the realities of policing in South Africa reflect all the standards that are fundamental to democratic policing.

Olaniyan, Kolawole The African Union Convention on Preventing and Combating Corruption : a critical appraisal. African human rights law journal vol. 4, no. 1, p. 74-92, 2004

Abstract: Analyses the African Union's Convention on Preventing and Combating Corruption. Argues that the strong link between corruption and the violation of human rights is nor sufficiently emphasised, that it suffers from excessive use of clow-back clauses and that it lacks a serious and effective mechanism for holding nations accountable. Suggests that it should be amended to become a protocol to the African Charter on Human and Peoples' Rights.

van Vuuren, Hennie Small bribes, big challenge: extent and nature of petty corruption in South Africa. SA crime quarterly (9): pp. 11-16; Sep, 2004

Abstract: Examines the extent of petty corruption with reference to the findings of the Institute for Security Studies' (ISS) 2003 National Victims of Crime survey. Compares the findings of the 1998 and 2003 surveys. Focuses private sector corruption and low rates of reporting to the authorities. Highlights areas in need of attention. Illustrates with graphs and statistics.

Title:Defendant charged with misconduct in a public office-defence counsel proposing to invite jury to consider common law right to acquit at end of prosecution case-judge ruling against that submission-whether jury having such a right

Personal Author:Ormerod, David C.

Source:The Criminal Law Review (October 2005) p. 811-14

Subject(s):Political corruption/Great Britain; Jury nullification/Great Britain

Title:PricewaterhouseCoopers publishes results of economic crime

survey

Personal Author:Saxby, Stephen

Source:Computer Law and Security Report v. 19 no. 5 (2003) p. 428-9

Subject(s):Fraud/Great Britain; Risk management/Great Britain; Corporate corruption/Great Britain

Title:Corruption and Federalism: (When) Do Federal Criminal

Prosecutions Improve Non-Federal Democracy?

Personal Author:Hills, Roderick M., Jr.

Source:Theoretical Inquiries in Law v. 6 no. 1 (January 2005) p. 113-54

Abstract:Are federal prosecutions of non-federal officials for corruption likely to improve non-federal government? This essay suggests that such prosecutions can undermine the distinctive style of democracy at the state and local level, an effect that can be harmful to democracy in America overall. This conclusion rests on a larger argument about the different nature of federal and non-federal democracy in the United States. To insure that each official maintains impartial loyalty to values defined by a single, popularly accountable policymaker, the federal system of bureaucratic populism strictly separates the officials' public and private interests, through various devices such as civil service protection for executive officials, Article III life tenure, and fixed salary for federal judges, specialized training for federal officers, and conflict-of-interest rules that bar federal officers from acting when their judgment could be compromised by private interests. By contrast, participatory populism rejects this separation of the public and private spheres, instead mixing professional and lay decision-making by using thousands of part-time, under-paid executive and legislative officers who are expected to have substantial private interests in the communities that they represent. The essay argues that each style of democracy has mutually exclusive advantages and disadvantages. However, enforcement of federal anti-corruption law against non-federal democracies can undermine their system of mingled private and public interests, reducing the degree to which such governments can provide laypersons with opportunities for political activity. As an illustration of the over extension of federal criminal law, I examine the First Circuit's interpretation of 18 U.S.C. [Section][Section] 1341 and 1346, the federal mail fraud statute in United States v. Sawyer. Sawyer comes dangerously close to declaring that any undisclosed state or local officer's conflict of interest constitutes a violation of [Section] 1346 when it involves the U.S. mails. I argue that this view of [Section] 1346 is an error. Participatory populism requires that private and public tasks be closely mingled in ways that bureaucratic populism forbids. Undoubtedly, this mixture of public and private creates a risk that public office will be used for private gain. However, it also avoids some of the bureaucratic sclerosis and lack of lay participation that can be endemic to the more centralized federal tradition. In conclusion, I suggest that federal prosecutors ought to content themselves with using [Section] 1346 to enforce already-existing state criminal conflict-of-interest rules, for the sake of preserving a place in our federal regime for participatory populism.

Subject(s):Federalism; Political corruption; State government;

Human trafficking

Gould, C. Cheap lives: countering human trafficking - considerations and constraints. SA crime quarterly Iss 16, 19-25, June, 2006

Abstract: Evaluates national and international research on human trafficking. Finds that understanding the extent and nature of the problem is complicated, not only by contending definitions, but also by lack of representative data about trafficking nationally and internationally.

Singh, D. Piercing the veil on trafficking in women. Comparative and International Law Journal of Southern Africa Vol. 37, Iss 3, p. 340-363, Nov, 2004 ISSN: 0010-4051

Abstract: Discusses human trafficking in women and how UN and various human rights organisations address trafficking.

Pithey, Bronwyn Do new crimes need new laws?: legal provisions available for prosecuting human trafficking. SA crime quarterly (9): pp. 7-10; Sep, 2004

Abstract: Argues that before extensive resources are used for developing and implementing new trafficking laws. Presents an overview of the available options for prosecution of this conduct. Highlights challenges for prosecutors.

Leggett, Ted Hidden agendas?: the risks of human trafficking legislation. SA Crime Quarterly Iss 9, p. 1-5, Sep, 2004

Abstract: Defines human trafficking. Reports that South Africa is a signatory to the United Nations Protocol on Trafficking in Persons and that it is likely to draft legislation on the topic soon. Maintains that the extent of the problem in SA is unclear and that the offences involved in trafficking are punishable under current law. Suggests that care is needed in drafting a new law in this area to avoid unintended consequences. Includes statistics.

Fitzgibbon, K [Kathleen] Modern-day slavery? : the scope of trafficking in persons in Africa. African Security Review vol. 12, no. 1, p. 81-89, 2003 ISSN: 1024-6029

AFRICA INSTITUTE Abstract: Outlines the types and extent of trafficking in people in Africa, with a focus on West and Central Africa. Reviews the high profit margins and low risk of arrest and conviction, as well as the impact on human rights, public health, community and family development and the growth of organised crime.

Title: A Human Rights Framework to Address Trafficking of Human Beings

Personal Author: Obokata, Tom

Source: Netherlands Quarterly of Human Rights v. 24 no. 3 (September 2006) p. 379-404

Subject(s): Human rights; Human smuggling

Document Type: Feature Article

Title: Offenses Involving Immigration, Naturalization, and Passports: Model Sentencing Guidelines [Section][Section] 211, 212, 213, and 214

Personal Author: Demleitner, Nora V.

Source: Federal Sentencing Reporter v. 18 no. 5 (June 2006) p. 351-8

Subject(s): Sentencing/Guidelines; Human smuggling; Illegal aliens

Title: Combating Trafficking in Human Beings

Personal Author: Skrivankova, Klara

Source: International Review of Law Computers & Technology v. 20 no. 1/2 (March/July 2006) p. 229-32

ISSN: 1360-0869

Subject(s): Human smuggling
Title: Human Smuggling Across the U.S.-Mexico Border: U.S. Laws Are Not Stopping It

Personal Author: Schreyer, Amanda E., student author

Source: Suffolk University Law Review v. 39 no. 3 (2006) p. 795-815

Subject(s): Human smuggling; Illegal aliens/Mexican-American Border region; Immigration and emigration/Enforcement issue

Title: Appropriations for the Abolitionists: Undermining Effects of the U.S. Mandatory Anti-Prostitution Pledge in the Fight Against Human Trafficking and HIV/AIDS

Personal Author: Kinney, Edi C. M., student author

Source: Berkeley Journal of Gender, Law & Justice v. 21 (2006) p. 158-94

Subject(s): AIDS (Disease); Human smuggling; Sex trafficking

Title: Migrants for Sale: The International Failure to Address Contemporary Human Trafficking

Personal Author: Zalewski, Anna, student author

Source: Suffolk Transnational Law Review v. 29 no. 1 (Winter 2005) p. 113-37

Subject(s): Human smuggling; International law

Title: Protocol to Prevent, Suppress and Punish Trafficking in Persons-A New Approach

Personal Author: Defeis, Elizabeth F.

Source: ILSA Journal of International & Comparative Law v. 10 no. 2 (Spring 2004) p. 485-91

Subject(s): Human smuggling

Title: Implementing the UN Trafficking Protocol to Protect Children: Promising Examples from East Asia

Personal Author: Kurbiel, Lisa

Source: Children's Legal Rights Journal v. 24 no. 1 (Spring 2004) p. 73-83

Subject(s): Human smuggling; Infants; Treaty compliance; International cooperation

Title: The Law of Human Trafficking: What Legal Aid Providers Should Know

Personal Author: Neville, Sheila; Martinez, Susana

Source: Clearinghouse Review v. 37 no. 11/12 (March/April 2004) p. 551-66

Subject(s): Human smuggling; Sex trafficking; Alien labor; Public legal service

Title: The Smuggling and Trafficking of Refugees and Asylum Seekers: Is the International Community Neglecting the Duty to Protect the Persecuted in the Pursuit of Combating Transnational Organized Crime?

Personal Author: Young, Mary A., student author

Source: Suffolk Transnational Law Review v. 27 no. 1 (Winter 2003) p. 101-25

Subject(s): Human smuggling; Refugees; Organized crime; International criminal law

Title: Victims of People Trafficking and Entitlement to International Protection

Personal Author: Piotrowicz, Ryszard

Source: Australian Yearbook of International Law v. 24 (2003) p. 159-79

Subject(s): Human smuggling; Refugees; Human rights treaties