INFORMATION TECHNOLOGY LAW

Lecture note

Prepared by
Lielt M. and Elsabet B.

April 2023
 PREFACE
 This lecture note has been prepared to compile
basic points that has been raised by our
instructor.
 This would be valuable for mid exam

Have a well reading!!!!

 Chapter one
Introduction to information technology law

 We have been in
capitalism,feudalism,industrialism,post-
industrialism and socialism society.
 We are now in the stage where a society is
information society.
 Information is one of the defining elements of
this society.
 Conti...
 Why we say we are in information society?
 Because digital technologies are transforming our
lives.
 the digital technology is becoming vital for two
reasons;-
=>trading is increasingly becoming online.
=>governance aspect (in some countries becoming
online .
 That’s why we say, we are in information age .
 Cont…
 The term digital age and information age can be
used interchangably .
Manifestations of digital age
(information age)
1, Technology :- it is largely characterized by
technological innovation, and those technologies are
changing dynamically.
 Technology could be hardware technology or

software technology.
Software technology [those devices used for information
storage, such as big data]
 Cont…
 We are saying that we are living in digital age and
one of its manifestation is technology.
2, Economy :-technology companies are largely
driving the the world economy. TECH companies
such as
META,APPU,GOOGLE,TWITTER,MICROSOFT…
these are the major engines of the economy.
 We have the economy which is largely dependent
on digital technologies and information across the
globe.
 this one is the biggest manifestation.
 Cont…

3,Occupation:- it is creating job
opportunities and it is helpful for social change,
( like, blacklives matter, metoo movement…)
 From social and political activism to regime
change.
 The culture of occupation is dramatically
shifting online.
4, SPATIAL:- focuses on networks that connect
locations and in consequence have dramatic
effects on the organization of time and space.
 Cont…
 Virtuality is at the core of information society.
5, curture:- from the pattern of everyday lifes there has been an
 There are changes in the society From capitalism society to
information society.
So how we ended up in information society? There are two
arguments
1) Some agrued that it is the development of the nation state, that
promote the role of information and thereby information society.
they say it is because of the way governmants are doing their
function and giving services, so the society transform from traditional
to digital.
2) While others are in the opinion that it is rather the changes in
corporate organizations, that led to information society ( organizations
or companies for profit maximization silu new informationen yametut)
in amharic…
 Argument for/against digital age
 For:-
1/ It has created a truly professional and
caring society
2/ It makes knowledge accessible. ( simple
click will bring you a knowledge )
3/ Technology connected us and it brings
efficiency in terms of money, convenience,
job opportunity…
 Cont…
 Against: (the perrils of DT)
1,the issue of information flow ( the miss information
, malinformation, dis information, sensationalism,
misleading propaganda…)
what do you think the difference of these the above
terms?
Mis-information :- without knowing it is false. ( a
person may write something on his twitters or
facebook and he misses fact without knowing it.)
Dis-information :- it means if a person makes a false
statement intentionally and if causes harm.
 Cont…
Sensationalism ( mal-information) :- a statement may be true by
itself but exaggerating it or making it more sensational.
Does mal information entail tortous liability?
t/r said truth of eligible fact is a defence in principle but true information
can also be defamation as long as there is intent behind it . Art 2047 of
civil code .
2,Hate speech and devision across lines :( there are peoples who
encouraging hate speech, and it is a threats to social existance)
3,Abuse of personal data: which is being used without our knowledge or
consent to boost profit and manipulate behaviour ( scam, advertisement,
…)
4,Digital theft and manipulation of human intellect aggravating
inequality today 1/3 of humanity is offline. So there is aneed to regulate
information age . There is no specific International information law. But
the country enact their own national law to regulate information age.
 Cont…
 Which term best suit?
- Internet law ?
- Computer la?
- Cyber law?
- Information technology law?
 The first three they don`t really look comprehensive by their own term.
Internet law :- could be misleading in a sense that only suggest regulation
online. So it does exclude , for example invention such as hardware
technologies.
Computer law :- by it self it is not enough, there are things beyond the
computer.
Cyber law :- the same is true in the case of cyber law, it would not be
inclusive as such.
- In some literature you may find information law as internet law, cyber law ,
but it doesn`t exclusively answer what information technology law is.
 Cont…
 For the purpose of these course we will be using
information technology law.
Information technology law
 It is a body of law that regulate computing and
the internet encompassing , but not limited to
protection of soft ware, multimedia product, data
protection and privacy , Intellectual property
right, digital rights and cyber crimes. Those are
not exhaustive.
 Basically it is a law that regulate the legal aspect
of digital technologies.
 Cont…
The internet
Who invent the internet? And how it become an issue?

 It is a global system of interconnected computer network.

 It is the most defining invention of our time. In different times such as computer,
invention from tesla about space.its usage is increasing ever and ever not only
internationally but also domestically.
 Indispensable aspect of modern life and people dependence on the internet and
ecosystem of services is increasing across years.
 Clear and inclusive internet system was basically started in early 1980’s specificaly
teacher think’s in 1982.
 Internet started in ethiopia in 1990

 It suggest both +ve and –ve obligation on government

 +ve obligation for example;-ICT infrastructures,supply chain,cost affordibility,
 -ve obligation for example;-un due interference in terms of
restrictions,censorship,monitoring..so there shall not be shut down, servillence,there
shall not be restriction on the amount of internet that shall be released.
 Cont…
ICT Infrastructures
- Target the physical structure needed to send data from one point to
other. Eg: computer, terristorial and undersea cables, satellite
Suppliers
- Monopoly and lack of competition on the supply side will result in a
challenging effect on access to the internet .
- -there has to be more suppliers so that it would be more accessible
Cost Affordability
- It shouldn’t be costy. Ethiopian internet service is the most expensive .
- Negative obligations;-
Undue interferance
- The use of the internet should be unristricted “ uncensored” and
unmonitored by government or other bodies.
 cont…
Internet governance;-
Regarding internet governance or who should have control
over the internet there are two sects of arguments
1,the multi stake holder Vs the inter governmental approach
and
2,the hands off approach Vs the fragmentation approach
1, ( the multi stake holder approach Vs
intergovernmental approach)
 Some suggest that governments , the private sector, the technical
community, and civil society, must have a role in internet regulation.
 They argued that since the very nature of the internet is
decentralized, global, and open it would be too complex to be
governed by governments alone.
 Giving states to much control would pose the danger of restricting.
 Cont…
 On the other hand , government as China and Russia
demand government to control cyber terrorism and
controlling data.
- They invoke cyber space sovereignty where states
exercise control over the internet over it’s borders.
- They call responsibility shift from DNS to ICANN to
ITV .
Internet governance, The hands off
approach Vs fragmentation approach
Liberal : internet should be free and open, specially
country with flawed democracy demand regulation
acces
 Internet as human right
 Developing perspectives :-
 It’s no more luxury rather it is a basic universal
entitlement in the digital age
The derivative right approach:- freedom of expression,
oppinion, assembly ( these right are not fully realisable
without internet acces . So it’s hard to exercise other human
right without internet
The integrated approach :- internet must work even for other
human right such as life , liberty, and physical integrity.
A suigeneris right approach :- it’s basic for minimal decent
life and has now become an international concern.
- suigeneris means right that should stand by itself.
 The UN approach
 No binding law yet , but it’s almost likely to
have a law.
 We have two non binding resolutions for UN
HR council in 2016 & 2021 , the 2016 UNHR
council.
 Both resolutions condemn disruption of
internet accessx by government.
 They also affirmed that the same rights people
have offline must also be protected online
 Chapter two
crime in cyberspace ;cybercrime

 Modern services and business depend on Ict infrastructures such as;-e-

government(water, energyinfrastructure,military service,transportation
service,traffic contro),e-commerce,e-education,e-health,e-environment.
 The services of the government is becoming digital and digital and they
are becoming electric based systems nowadays.
 Critical Ict infrastructures have offered great opportunities and are now
facilitating development.
 Attacks againist information structure and internet services is becoming
new normal.(even though technology uses are great they are facing attacks.
 Cyber Attacks are the most profitable and damaging at the same time for
example crimes related with drag dealing,money laundary,human
traffiking. They are the leading crimes in collecting profit.
 It is profitable for the people who are doing it . So there is a need to
regulate this .
 There is a need to understand what cyber crime is.
 Understanding cybercrime
 There is terminology difference across jurisdictions.
 Some call it as cyber crime and other’s call it as computer crime.for example the
ethiopian law uses computer crime instead of cyber crime
 But, computer crime seems limited because it creats the impression that regulating
crimes commited only on the internet.
 Regarding the defination there is no universal and agreed defination of cyber crime
and that is intentional in a sense that because of the dynamic natureof the crime it self
and because of the difference across countries in terms of understanding the crimes it
self.
 But, there are some oprational definations in litratures and laws;
 Some define it as any activity in which computers or networks are a tool (to commit a
crime) or a target or a place of criminal activity.
 Where as in the draft cyber convention on international level says;-an act in respect to
cyber systems.
 Others define it as computer based activity which are either legal or illicit which can
be conducted through global electronic methods.(computer-mediated activities which
are either illegal or consider illicit …and which can be conducted through global
electronic networks.
 With out boundary the global nature of cyber crime is reflected .
 Cont…
 What kind of examples of cyber crime can we think of ?
1. ILLEGAL ACCESS(hacking,cracking,)
 With out authorization accessing a computer in whole
or in part.
 Mere access of a computer is a cyber crime by it self.
 Example ;-breaking the password of a protected
website,circumventing password protection on a
computer by a faulty hardware and software ,disclose
their password and keyloggers that recored every
(keystrock).
 Illegal access could be an end by itself or a means to
commit further crimes such as HACKTIVISM
 Data esponage

 It is data survelliance system .

 Manipulating sensitive or classified data mainly
for political reasons.
 It could happen remotely by using;-
-technical tools through hard and software
systems.
-through social engineering(through adaptation
and human tricks)
-phishing(manipulation to make users disclose the
information or access codes in email or on a website)
Illegal interception networks and data
 Intercepting communications between users
such as emails,calls,online forums…or
intercept data transfers (during uploading data
on to web servers or accessing an already
stored data)
 This could be done by accessing fixed and wire
lesslines .
 DATA INTERFERENCE
 Hindering , impering , interrtupting or disrupting the
propere functioning of the whole or any part of the
computer system.
 If you are ingecting a virus or downloading something
with avirus on a computer then it’s most likely will face
the following issues on your computer.
- deleting data
- altering data (changing)
- suppressing data ( struggling to open the data if
there is virus in it.) ,
- by restricting acces to them.
 viruses play a critical role here.
 Computer related forgery
 Falsifying a computer data , making false
computer data for making use of such data to
enjure the right or interests of another or to
procure for oneself or another person any
undue right or advantage
 Computer related frauds
 Fradulentlly causing a person to act in a
manner prejudicial to his right or those of third
person by distributing mis-leading computer
data, mis-teperesenting his status, coenciling
facts which he had a duty to reveal or taking
advantage of a persons erronous beliefs
(sending spam e-mails…)
 Mere sending of faud message over by itself
over the internet is a cyber crime
 Identity theft ( electronic identity of a
person )
 Producing, obtaining, selling, transferring any
identifying identity of a person.
 An identity here is electronic identity of a person
, so when we talk about these it could be
financial identity of a person , like bank details,
credit details , health details of a person or a
social status of a person .
 They have said that teacher is received 100,000
br and they also mentioned the depositor , so if
he was about to accept it , his bank account
would be hacked
 Other content related crimes
Obscene or indecent crimes against minors :- unlawfully
exploiting children for sexual stimulation by transmitting or
sending errotic speechs , pictures, text( messages) or videos
through computer system.
Raciasm hatespeech glorification of violence
Religious offense :- anti rligious statements using the
cyber space.
- Making fun’s religion online through cartoons or speech
online
Illegal gambling and online games:- are becoming
forum to exchange and present child pornography, froud ,
gambling , online casinos.
 Cont…
Spam and related threat :- emission of
unsolicited bulk messages
 Advertisement rule through computer

system :- without prior concent of the

reciepent. So it means if it’s without your
concent it’s against privacy.
 So having all these crimes necessitated for the

regulation of it.
The need for regulation of cyber crime
 Enhancing cyber security and protecting critical information
infrastracture are essencial to each nations security and economic well
being.
 Making the internets safer,( protective internet user should be priority
to the development of new services as well as governmental policy)
Measures to be taken must focus on
- legal measures
- organizational structures ( creating institution to deffend cyber attacs)
- capacity building ( producing expert and creating awareness )
- technical and procedural measures :- having accrediation and the
measure should follow international standards
- international coopration ( mainly because of extraterritorial nature of
cyber crime , ) cyber crime could be emanate from the territory of the state
or from different jurisdictions.
 our focus will be on the legal measures .
A/International legal response ( measure)
 The convension on cyber crime ( the Budapest
convention) adopted in 2001 it looks outdated
at the moment because of the chilling effect and
technical aspect.
 Draft international convention to enhance
protection from cyber crime and terriorism
 The Stanford convention
 Several UNGA resolutions :- they are soft laws
so they are not binding , but the fact that they are
soft laws does not mean they are irrelevant, they
are relevant and comprhensive .
 B/Regional legal response
 African union convention on cyber security
and personal data protection adopted in 2014
- Very detailed law

 EU directives on the crime against information

system
 C/National legal response
 ICT policy making ( ICT policy of 2002 to digital
strategy in 2020)
The criminal code :-
 art 706 –illegal acces of computer , computer
system or network
 art 707 – causing damage to data
 art 708- disrrupting use of computer service
 art 709- facilitating commision of computer crime
Art 711 – concurrence of crime
 These provisions are ammended by new computer
crime proclamation number 958/2016
 Cont…
 The telecom fraud offence proclamation number 761/2012
- criminalize unlawful interception , obsrtuction of acces and
interferance with telecom services
- Use of telecom service network and systems
- Telecom related fraud and forgery
 Computer crime proclamation number 958/2016
- Which is relatively comprehensive and modern so far.
- Amend the criminal code from art 706-711 and parts of the
telecom fraud proclamation.
- It has both substantive ( from art 3-20) and procedural ( from
art 21 – 37) parts.
- On art 16 of the proclamation , criminal liability of service
provider……
 Cont…
 Art 16 which talks about criminal liability of service providers.
 In addition to the actual offender the it also establish a criminal
liability ton intermidiaries or service providers. So if a person is
making a statement and if that is a defamation or hatespeech but if a
person is using a telegram or facebook then also at the same time
using the computer of someone else then these organizations or
institution will be criminally liable as per art 16 of these proclamation
- For eg: if some one goes to internet place then uses their computer
and he did hatespeech and that speechs is out regios or if it speaks
violence or violate the provision of the proclamation , then let say that
statement is posted on twitter so how are you going to establish
criminal liability here? And how many participant do we have ?
- Participants are three here . The actual offender is the person who is
making the speech and we have a business person and the plat form
also.
 Cont…
How are you going to establish their degree of
participations?
- The platform need to takedown the content from
online .
- What about issues of jurisdiction ? ( where is the place
the crime is done? Is that the place of the platform? )
- How ethiopian procecutors will cooprate with the
other jurisdiction to establish liability on the participant
 Cont…
 One of the challenges of this proclamation is :-
- a chilling effect on human right :- right to
privacy , sudden search interception
surveillance , retention of communication ,
freedom of expression , crime against public
security ( art 14) , due process of law ( the
prosecutor is only required to proof basic facts
art 37)
- Amendment on going :- there are still concerns
such as over humanization