The regulation of unsolicited electronic communications (SPAM) in South Africa : a comparative study

The practice of spamming (sending unsolicited electronic communications) has been dubbed “the scourge of the 21st century” affecting different stakeholders. This practice is also credited for not only disrupting electronic communications but also, it overloads electronic systems and creates unnecessary costs for those affected than the ones responsible for sending such communications. In trying to address this issue nations have implemented anti-spam laws to combat the scourge. South Africa not lagging behind, has put in place anti-spam provisions to deal with the scourge. The anti-spam provisions are scattered in pieces of legislation dealing with diverse issues including: consumer protection; direct marketing; credit laws; and electronic transactions and communications. In addition to these provisions, an Amendment Bill to one of these laws and two Bills covering cybercrimes and cyber-security issues have been published. In this thesis, a question is asked on whether the current fragmented anti-spam provisions are adequate in protecting consumers. Whether the overlaps between these pieces of legislation are competent to deal with the ever increasing threats on electronic communications at large. Finally, the question as to whether a multi-faceted approach, which includes a Model Law on spam would be a suitable starting point setting out requirements for the sending of unsolicited electronic communications can be sufficient in protecting consumers. And as spam is not only a national but also a global problem, South Africa needs to look at the option of entering into mutual agreements with other countries and organisations in order to combat spam at a global level.Mercantile LawLL. D

A study of EU data protection regulation and appropriate security for digital services and platforms

A law often has more than one purpose, more than one intention, and more than one interpretation. A meticulously formulated and context agnostic law text will still, when faced with a field propelled by intense innovation, eventually become obsolete. The European Data Protection Directive is a good example of such legislation. It may be argued that the technological modifications brought on by the EU General Data Protection Regulation (GDPR) are nominal in comparison to the previous Directive, but from a business perspective the changes are significant and important. The Directive’s lack of direct economic incentive for companies to protect personal data has changed with the Regulation, as companies may now have to pay severe fines for violating the legislation. The objective of the thesis is to establish the notion of trust as a key design goal for information systems handling personal data. This includes interpreting the EU legislation on data protection and using the interpretation as a foundation for further investigation. This interpretation is connected to the areas of analytics, security, and privacy concerns for intelligent service development. Finally, the centralised platform business model and its challenges is examined, and three main resolution themes for regulating platform privacy are proposed. The aims of the proposed resolutions are to create a more trustful relationship between providers and data subjects, while also improving the conditions for competition and thus providing data subjects with service alternatives. The thesis contributes new insights into the evolving privacy practices in the digital society at an important time of transition from the service driven business models to the platform business models. Firstly, privacy-related regulation and state of the art analytics development are examined to understand their implications for intelligent services that are based on automated processing and profiling. The ability to choose between providers of intelligent services is identified as the core challenge. Secondly, the thesis examines what is meant by appropriate security for systems that handle personal data, something the GDPR requires that organisations use without however specifying what can be considered appropriate. We propose a method for active network security in web software that is developed through the use of analytics for detection and by inserting data generators into a software installation. The active network security method is proposed as a framework for achieving compliance with the GDPR requirements for services and platforms to use appropriate security. Thirdly, the platform business model is considered from the privacy point of view and the implication of “processing silos” for intelligent services. The centralised platform model is considered problematic from both the data subject and from the competition standpoint. A resolution is offered for enabling user-initiated open data flow to counter the centralised “processing silos”, and thereby to facilitate the introduction of decentralised platforms. The thesis provides an interdisciplinary analysis considering the legal study (lex lata) and additionally the resolution (lex ferenda) is defined through argumentativist legal dogmatics and (de lege ferenda) of how the legal framework ought to be adapted to fit the described environment. User-friendly Legal Science is applied as a theory framework to provide a holistic approach to answering the research questions. The User-friendly Legal Science theory has its roots in design science and offers a way towards achieving interdisciplinary research in the fields of information systems and legal science

Tematski zbornik radova međunarodnog značaja. Tom 3 / Međunarodni naučni skup “Dani Arčibalda Rajsa”, Beograd, 3-4. mart 2015.

In front of you is the Thematic Collection of Papers presented at the International Scientific Confer-ence “Archibald Reiss Days”, which was organized by the Academy of Criminalistic and Police Studies in Belgrade, in co-operation with the Ministry of Interior and the Ministry of Education, Science and Techno-logical Development of the Republic of Serbia, National Police University of China, Lviv State University of Internal Affairs, Volgograd Academy of the Russian Internal Affairs Ministry, Faculty of Security in Skopje, Faculty of Criminal Justice and Security in Ljubljana, Police Academy “Alexandru Ioan Cuza“ in Bucharest, Academy of Police Force in Bratislava and Police College in Banjaluka, and held at the Academy of Crimi-nalistic and Police Studies, on 3 and 4 March 2015.International Scientific Conference “Archibald Reiss Days” is organized for the fifth time in a row, in memory of the founder and director of the first modern higher police school in Serbia, Rodolphe Archibald Reiss, PhD, after whom the Conference was named.The Thematic Collection of Papers contains 168 papers written by eminent scholars in the field of law, security, criminalistics, police studies, forensics, informatics, as well as members of national security system participating in education of the police, army and other security services from Spain, Russia, Ukraine, Bela-rus, China, Poland, Armenia, Portugal, Turkey, Austria, Slovakia, Hungary, Slovenia, Macedonia, Croatia, Montenegro, Bosnia and Herzegovina, Republic of Srpska and Serbia. Each paper has been reviewed by two reviewers, international experts competent for the field to which the paper is related, and the Thematic Conference Proceedings in whole has been reviewed by five competent international reviewers.The papers published in the Thematic Collection of Papers contain the overview of contemporary trends in the development of police education system, development of the police and contemporary secu-rity, criminalistic and forensic concepts. Furthermore, they provide us with the analysis of the rule of law activities in crime suppression, situation and trends in the above-mentioned fields, as well as suggestions on how to systematically deal with these issues. The Collection of Papers represents a significant contribution to the existing fund of scientific and expert knowledge in the field of criminalistic, security, penal and legal theory and practice. Publication of this Collection contributes to improving of mutual cooperation between educational, scientific and expert institutions at national, regional and international level