HIGHER EDUCATION PROGRAMMES

Academic Year 2022: July - December

Formative Assessment 1: Cyber Law (HCYLW230-1)
NQF Level, Credits: 6, 10
Weighting: 20%
Assessment Type: Short & Essay Questions
Educator: Kyra Guy
Examiner: Gilbert Dheka
Due Date: 09 September 2022

Total: 100 Marks

Instructions:

• This paper consists of six (6) questions.

• It is based on units 1 - 4 of your prescribed textbook.
• All questions are compulsory.

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The following Learning Outcomes (LO) are assessed in this assessment:

• Discuss the development of the internet and its impact on society

• The legal implications of the internet.
• Protected works in the context of the internet.
• Legal and practical aspects of contracting online
• Discuss the remedies for copyright infringement and enforcement of copyright
• Problematic areas of copyright infringement and protection.
• Electronic Communication Policies in the workplace.
• Legal and practical aspects of contracting online.
• Discuss the types of electronic fraud that can occur in the workplace
• The learner must understand the legal Framework for South African cyber law

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Question 1 (28 marks)

Gerrit is an employee at Wakanda City Campus and Business College. He has a

tremendous social media following and is regarded as a business influencer. One day
Gerrit has an argument with management and in his angry state posts on his social
media account accusing his employer of being unethical in their dealings. As a result
of this post, Wakanda City Campus and Business College loses a tremendous amount
of business and seeks to dismiss him on this basis. Wakanda City Campus and
Business College approaches you for legal advice in this case.

Required:

Advise Wakanda City Campus and Business College on the legal position regarding
dismissal on the basis of an employee’s social media profile. In your answer, refer to
actions that can be taken by an employer in relation to social media. (16 marks)

Question 2

In 2020, the amount of data on the internet hit 40 zetabytes. A zetabyte is about a
trillion gigabytes. One way to estimate the size of the Internet is to look at the amount
of information consumed by web traffic.

Required:

2.1 Discuss how big the internet is. (8 marks)

2.2 Distinguish between the term worldwide web and dark web? (4 marks)

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Question 3 (28 marks)

Cheslyn, a former employee of Computer Sources Inc. was fired for his inability to
keep up with the workload and insubordination. He decides to take revenge against
the company and his employers. Due to his knowledge about the company, he
successfully accesses the private data of the company including their client list and
confidential information regarding employees. He decides to sell this information to
Computer Sources Inc. biggest competitor, Computer Mania Inc. Cheslyn and
Computer Mania Inc. conclude an online contract in which, Computer Mania Inc.
will provide Cheslyn with a job as manager of their Cyber Security Unit. Upon providing
Computer Mania Inc. with the information from Computer Sources Inc., Computer
Mania Inc. refuses to employ Cheslyn. Computer Mania Inc. state that Cheslyn is a
criminal and as a result, he is unemployable to the company. Cheslyn approaches you
for legal advice. He wishes to institute a legal claim against Computer Mania Inc., as
he believes a valid online contract has been concluded.

3.1 Discuss whether a valid online contract has been created considering the fact that
electronic contracts are only valid if they meet the requirements (essentialia) of a
contract. (20 marks)

3.2. Cheslyn is further concerned about Computer Mania Inc.’s statement regarding
him being a criminal.

Required:

Discuss whether Cheslyn has in fact committed any criminal offence. Refer to relevant
legislation as well as the penalties for commission of such criminal offence, if any.
(8 marks)

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Question 4 (13 marks)

Kelly, an educator at Charisma College has been copying multiple journal articles and
book chapters in order to create course packs to be sold to students by a local print
shop. It is understood that Kelly has no copyright in respect of the textbooks and
journal articles. She has also neglected to request permission from the authors of the
textbooks and articles and has not acquired the necessary licensing for this
undertaking.

Required:

4.1 Identify the type of infringement that has occurred in the scenario? Furthermore
provide the relevant legislation that has been violated and explain its applicability to
the scenario (8 marks)

4.2 Discuss the possible penalties that can be imposed on Kelly, the educator for
copyright infringement. (5 marks)

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Question 5 (24 marks)

Read the following factual scenarios below and answer the questions that
follows:

5.1 You are a student at Boston College, and you receive the following email below:

Claim Your Car And Check With Your Winning Code BMW: 2541256004/25.

Friday, April 21, 2021, 8:24 pm

From: BMW LOTTERY DEPT, <admin@stae.org.mz>

To: Recipients<, <admin@stae.org.mz>

Reply-to: henry.giodana@outlook.com

Your email has been selected for a prize of a brand New 2021 BMW X5 and a cheque
of R1, 500 000. 00 from the international balloting programs held in the USA but the
winnings are for everybody contacted as winner in any part of the world. Contact the
claims agent with the code BMW: 2541256004/25 and your delivery details (Your full
name, bank account details, delivery address and mobile number) to claim your prize.

Name: Henry Giodana

Email: henry.giodana@outlook.com

Congratulations!

Required:

Identify and explain the type of cybercrime in the scenario above (10 marks)

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5.2

Candice is being harassed by strangers after someone made a post on the Internet
offering sexual services in her name. The post includes private information, including
her phone number and home address.
Required:
Identify and explain the type of cybercrime committed in this scenario. (7 marks)

5.3

You receive an email claiming that your user’s password is about to expire.
Instructions are then given to go to the link; myuniversity.edu/renewal to renew your
password within 24 hours. After clicking on the link, you are sent to the actual
password renewal page. However, while being redirected, a malicious script activates
in the background to hijack the user’s session cookie. This result in a reflected XSS
attack, giving the perpetrator privileged access to the university networks etc.

Required:
Discuss the type of cybercrime that has been committed in this scenario. (7 marks)

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Question 6 (7 mark)

Maruscke owns a very successful boutique business in Stellenbosch. Recently she

was a victim of a Cybercrime, and this affected her business. She has come to you as
a friend for assistance in mitigating the issue of cybercrime in her business.

Required:

Identify at least seven (7) preventive measures Maruscke can take in order to protect
her business in fighting or preventing cybercrime.

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