NOTES Chapter 1 1 T B Riley, The Riley Report, 2001, for more information go to http://www.rileyis.com. Last accessed 27 2 Ibid. 3 Speeches of Minister Matsepe Casaburi are available at http://www.gov.za. Follow the menu hyperlinks / Ministers / Communications / Speeches / and the Opening Address referred to here is available as sublink / Matsepe Casaburi National E Law Conference. Last accessed 4 4 ECASA http://www.ecasa.co.za. Chapter 2 1 K E du Bois, The Illegal Trade In Endangered Species, African Security Review 6(1), 1997, http://www.iss.co.za/pubs/asr/6.1/du%20bois.html. Last accessed 6 2 There are several reports of ICTs being used to support illegal trade in endangered animals. The huge auction site, e-bay, was accused of supporting and promoting this trade. For more information, go to http://www.enn.com/news/enn-stories/2000/01/01212000/ebay_9252.asp. 3 The term 'cyborg' may be familiar to those who watch a popular science fiction film and television series. The term 'cyborg' is used in contemporary psychology's specialist domain (i.e. cyberpsychology), which focuses on the impact of ICT upon individuals. Cyberpsychologists have adopted the term 'cyborg' to explain some of the changes they have observed. One of the most significant analyses of 'cyborg' was The Cyborg Manifesto, by Donna Haraway. Haraway has argued that individuals in the information age are made up simultaneously of what they are in the real world (RL) and in virtual life (VL) and are thus like 'cyborgs,' or creatures simultaneously animal and machine,
98 STAVROU who populate worlds ambiguously natural and crafted. Extracts of The Cyborg Manifesto are (probably negligently) available at http://www.stanford.edu/dept/hps/haraway/cyborgmanifesto.html. Last accessed 5 4 In the physical world, an agent is someone who performs a function on behalf of someone else. In the digital world, an autonomous agent caries out an instruction on behalf of someone. It is important to note that there is a separation of command from execution. An autonomous agent may thus be a software programme that behaves in a particular manner across a network. It can begin at an individual PC (because that PC's user wrote the code) and can move to another PC (because it was e-mailed to other users), executing its behaviour there. For more information, go to www.grasshopper.de. This also provides for a technical explanation. 5 CERT: International Co-ordination for Cybercrime and Terrorism in the 21st Century: http://www.cert.org/reports/stanford_whitepaper-v6.pdf. Last accessed 1 6 S Turkle, Life on the Screen: Identity in the Age of the Internet, Simon & Schuster, New York, 1995. Sherry Turkle recounts feedback from MUD users regarding rape and sexual assault in MUDs. Some users believe that there is no such thing as rape because it was 'just a game' but others believe that even if the body wasn't present, the person and their character's integrity or well being was raped and violated. 7 In order to understand what is meant, the following example will be used: an individual can use an ICT, such as Excel spreadsheet functionality included in MS Office to summarise data into information. That is what is implied with 'to digital information'. But the same individual can also use an ICT, such as an online decision support tool that integrates numeric information as statistical descriptions to enhance a decision about schools access to ICTs, for example. That is what is meant by the phrase 'with digital information'. 8 P Grabosky & R Smith co-published with the Australian Institute of Criminology, Crime in the Digital Age, http://www.hku.hk/crime/cybercrime.htm. Last accessed 1 9 International Telecommunications Union home page, http://www.itu.int/. Last accessed 4 10 For a factually correct account of the history of the development of the WWW in relation to the internet, go to
MISSION IMPOSSIBLE? 99 http://archive.ncsa.uiuc.edu/general/commgroup/mosaichistory/timeline.html. Information about the history of the internet is available at the Internet Society http://www.isoc.org. Last accessed 6 11 T Berners-Lee, Semantic Web Roadmap, 1998, http://www.w3.org/designissues/semantic.html. Last accessed 6 12 A time line depicting the rise and fall of Napster is available at http://www.channel3000.com/sh/news/stories/archive/nat-news-archive 45720920010212-150212.html. Last accessed 8 13 For more information on Gnutella, go to http://www.gnutellanews.com/information/what_is_gnutella.shtml. Last accessed 8 14 Gnutella Site, http://gnutella.wego.com/. Last accessed 8 15 Webopedia is an online dictionary providing basic definitions of information technology terms. The definition of peer to peer network is available at http://webopedia.internet.com/term/p/peer_to_peer_architecture.html. Last accessed 8 16 C Shirky, What is P2P? And what isn't? 2000, http://www.openp2p.com/pub/a/p2p/2000/11/24/shirky1-whatisp2p.html?page=1. Last accessed 8 17 Ibid. 18 Gnutella Map of 27 July 2000 available at http://www.clip2.com/dss_map.html. Last accessed 8 19 A rather hyperbolic presentation of the consequences of Gnutella's P2P technology is available at http://www.gnutellanews.com/information/what_is_gnutella.shtml. Last accessed 8 20 Electronic displays include very ordinary things such as VDU or video display unit and computer monitors. It is anything that is an output via which the computer displays information to a user. 21 S Outing, Milestone on the road to digital paper, 1999, http://www.mediainfo.com/ephome/news/newshtm/stop/st050799.htm. Last accessed 8 22 S Rupley, Digital Paper, 1999, http://www.zdnet.com/pcmag/news/trends/t990304b.html. Last accessed 8
100 STAVROU Chapter 3 1 Ernst and Young, Fraud: The Unmanaged Risk: An international survey of the effects of fraud on business, Ernst and Young, London, 2000. 2 Ibid, p 7. 3 S Davies, New Techniques and Technologies of Surveillance in the Workplace: Computer Security Research Centre of the London School of Economics, http://www.msf-itpa.org.uk/juneconf3.shtml. 4 All public submissions to the e-commerce Green Paper policy process are available at http://docweb.pwv.gov.za. 5 FNV Bondegenoten: Model Protocol for Privacy in the use of internet and e- mail http://www.bondgenoten.fnv.nl/start/fbg/site-it-et/uk-prtcl.htm. 6 P Smit, Clean Money, Suspect Source: Turning Organised Crime Against Itself, Institute for Security Studies, Monograph No 51, January 2001. 7 KPMG, 2001 Global e.fr@ud.survey, KPMG, USA. 8 Ibid, p 8. 9 World Intellectual Property Organisation (WIPO) definitions are available at http://www.wipo.org/about-ip/en/ 9 10 For more information on international intellectual property rights agreements and country-specific approaches, visit WIPONET, which is a global digital information network that integrates intellectual property rights information resources, processes and systems from different countries. WIPONET attempts to achieve enhanced communication between the World Intellectual Property Organisation and the global community, and connects 332 intellectual property offices in 171 countries. WIPONET is available at http://www.wipo.org/it/en/index.html?wipo_content_frame=/it/en/projects/wiponet.htm Last accessed 9 11 A Stavrou, P Benjamin, and J May, E-commerce And Poverty Alleviation In South Africa: An Input Paper To The Government Green Paper. Unpublished 2000. 12 D Polemi, EU Commission Final Report: Biometric Techniques: Review and Evaluation of Biometric Techniques for Identification and Authentication,
MISSION IMPOSSIBLE? 101 Including an Appraisal of the areas where they are Most Applicable, Institute of Communication and Computer Systems, National Technical University Of Athens, 1997. 13 Ibid. 14 P Smit, Clean Money, Suspect Source: Turning organised crime against itself, op cit. 15 Ibid. 16 Ibid. 17 M Hall, Africa Connected, 1998, http://www.firstmonday.dk/issues/issue3_11/hall/index.html. Last accessed 12 18 AISI Connect African Internet Connectivity http://www3.sn.apc.org/africa/. Last accessed 13 19 AISI Connect National ICT Profile South Africa (ZA) http://www2.sn.apc.org/africa/countdet.cfm?countries ISO_Code=ZA. Last accessed 13 20 Hall, op cit. Chapter 4 1 McConnell International, Cybercrime... and Punishment? Archaic laws threaten global information, 2000, http://www.mcconnellinternational.com/services/cybercrime.htm. 13 June 2001 2 Ibid. 3 Ibid. 4 Council of Europe Treaty Office, http://conventions.coe.int/treaty/en/cadreprojets.htm 13 5 Hoover Institution et al, Proposal for International Convention on Cybercrime and Terrorism, August 2000, http://www.oas.org/juridico/english/monograph.htm 14 6 Ibid.
102 STAVROU 7 Framework for global electronic commerce, http://www.whitehouse.gov/wh/new/commerce 13 8 Discussions with Department of Communications personnel. 9 Ibid. 10 Spam is defined as "unsolicited e-mail messages offering everything from 'Discover the Secrets of Wealth on the Internet' to 'Low-Rate Mortgages' to 'Lose 4-6 Inches of Stubborn Fat Overnight!' Spam is usually sent to a large list of people, and usually ends up in the electronic trash. Just like the luncheon meat with the same name, Spam is undesirable and comes from an unrecognised source. 11 Refer to the SA Law Commission website where details can be found i.e. http://wwwserver.law.wits.ac.za/salc/salc.html, there is a menu that links to discussion papers etc. 12 The working group is a special interest group who promote an ethos of open access and affordability as key principles and that they would like to see in the upcoming regulation of information security and encryption. The Computer Society of South Africa details are at http://www.cssa.org.za/, follow the hyperlinks from sigs to info security on the site. 13 A Altbeker, Spreading the Burden: New Cheque Fraud Legislation, 2000, http://www.iss.org.za/pubs/crime%20index/no.%206%202000/new.html, 14 14 P Smit, op cit. 15 South African Police Service Commercial Branch, http://www.saps.org.za/divstat/commercial/proses.htm 14 16 Ibid. 17 SAPS defines kite flying as the unlawful generation of funds in bank accounts, by means of depositing stolen or worthless bills of exchange. 18 Business Against Crime home page, http://www.bac.co.za 15 19 Ibid. 20 Computer Society of South Africa, http://www.cssa.org.za/index.html 15 June 2001. 21 A discussion of the Heath Special Unit's history and challenges is available at http://www.iss.co.za/pubs/papers/38/paper%2038w.html 15
MISSION IMPOSSIBLE? 103 22 Business Day, http://www.bday.co.za/bday/content/direct/1,3523,774718-6129-0,00.html 15 23 Ibid. 24 BAC commercial crime link, op cit. 25 South African Law Commission, http://www.law.wits.ac.za/salc/discussn/discussn.html 15 26 Sunday Times, http://www.suntimes.co.za/2001/05/20/politics/pol01.htm 15 27 Ibid. Chapter 5 1 Speeches of Minister Ivy Matsepe Casaburi are available via http://www.gov.za and menu hyperlinks/ministers/communications/speeches/ and the Opening Address referred to here is available as sublink /Matsepe Casaburi National E-Law Conference/. Last accessed 9 August 2001. 2 CERT: International Co-ordination for Cybercrime and Terrorism in the 21st Century, http://www.cert.org/reports/stanford_whitepaper-v6.pdf. Last accessed 9 August 2001. 3 Benford's Law or the First Digit Law or the Leading Digit Phenomenon is evident in sequences of numbers or in tables of statistics and logarithms. What is evident from those tables is that the first digit i.e. '1' tends to occur with a probability of about 30 percent and is much greater than the expected probability of 10 percent. Benford's Law can be used to spot irregularities or to indicate possible error or fraud in numeric data listings. 4 Ernst and Young, Fraud: The unmanaged risk, op cit, p 11. 5 KPMG, 2001 Global e.fr@ud.survey report, op cit, p 4-5. Chapter 6 1 McConnell International, op cit.