ABSTRACT

Recent developments in the field of information technology have given rise not only to rapid expansion in e-commerce but also to innovative forms of criminal behaviour and have provided new methods by which traditional criminal offences can be committed.1 Using the Internet and other computer networks to commit crime has created serious problems for national legislative bodies and national law enforcement agencies. The rapid growth in cybercrime may restrict the development of e-commerce, which depends on safe systems for money transactions, as businesses struggle to make their computer networks and data more secure. Undoubtedly, self-regulation by the high tech industry can play an important role in preventing the proliferation of computer and Internet-related crime.2 In addition to implementing technical measures to protect computer systems, legal and non-legal measures must be introduced to prevent and deter criminal activities. While self-regulatory mechanisms to combat misuse of the new technologies have many advantages over external regulation, to be effective self-regulation needs to be supported by appropriate national legislation and international agreements. However, many of the measures proposed by both national and international agencies to tackle the problem of cybercrime arguably inhibit the legitimate use and

development of information technology and violate the right to freedom of expression and the right to privacy.