INTRODUCTION TO

CYBER LAW

LECTURE 1
 objectives

By the end of the lesson you should

• Understand the history of the internet and web.
• Understand the relevance and impact of internet law on business practices.
• Gain an appreciation of different technologies and how uniform standards are
important.
• Assess the current legal and regulatory framework applicable to the cyberspace.
• Be able to analyse the theoretical approaches to cyberspace law and regulation.
• Know the different sources of cyber law as well as the regulatory bodies.
 introduction
The remarkable social impact and economic success of the internet
is in many ways directly attributed to the architectural
characteristics that were part of its design. The internet was
designed with no gatekeepers over new content or services.
-Vinton Cerf, co inventor of the internet
The internet is becoming the town square for the global village of
tomorrow.
-Bill Gates, co-founder of Microsoft corporation
 History of the internet
• Roots in communications systems and derived from interconnected network.
• Internet structure enabled a host of technologies such as computers,
digitalization of data, modems and telephone lines.
• 1950s governments conceptualized the need to process large quantities of data.
• 1958 Soviet Union launched a satellite, US felt the need to close the technology
gap and established the Advanced Research Projects Agency (ARPA) to enhance
their national security.
• Licklider- Prof (M.I.T), paper entitled Man-Computer Symbiosis – many
computers connected to a network – conception was later called ‘Galactic
network’.
 History of the internet (2)
• In 1968 the ARPA,NPL and RAND build the 1st network called ARPANET.
• It’s uses were more academic than military.
• Computers at academic institutions i.e Stanford Research Institute were
1st to be connected followed by M.I.T, Havard e.t.c.
• 1970s ARPA was renamed to Defense Advanced Research Projects
Agency DARPA which incorporated information processing, artificial
intelligence, speech recognition, signal processing and tactical
technologies.
• 1972 the 1st email was sent.
 History of the internet (3)
• National Science Foundation (NSF) connected the supercomputer
centers within universities and at this point around 2000 computers
were connected to network.
• Each institution was an independent operating organization.
• US – internet was a government funded program.
• No specific person owns it as it has developed so much more than
Licklider’s vision of an interactive library.
• No central management or control point.
• No one can disable, filter or control it completely.
 DEFINITION
• Internet and the web are global computer networks providing a variety of information and
instant communication facilities, consisting of interconnected networks using standardized
communication protocols at little to no cost.
• When internet emerged, regulation did not seem necessary. However, with the ever
increasing number of users and the wide variety of online activities, internet related
activities could not do without regulation.
• Internet services especially social media has greatly impacted the work of the media,
digital marketers, businesses, the legal sector and various kinds of professions as it has
become easier and faster to inform, advertise and advise the target groups.
• The law is being rewritten in response to the new business applications made possible by
internet and information technology innovations or inventions.
• It follows therefore that lawyers be well versed with the laws that relate to the cyberspace.
 DEFINITION (2)
• ULR (Uniform resource locators) – http://www.google.com
• http – hypertext protocol - initiated request to the client server to retrieve some
resource
• www – world wide web
• Google – host name
• Other IP addresses could be 1080:01:10 etc
• .com – domain name system
• Audio and video – compression technology
• Architectures – internet and the web
• End to end communications
 OVERVIEW OF THE INTERNET AND
WORLD WIDE WEB
 Although some researchers rate internet as the top invention the stage
was set by prior inventions which includes telephones, telegraphs and
radios. Followed by the creation of computers, digitalization of data as
well as compression and storage of data technologies.
 An era of pervasive computing creating a seamless boundary between our
networked and personal interactions.
 Services and products are all mediated by technology and that has
impacted our social lives, way of doing business and even our culture.
 Suddenly everyone has publishing powers which might even be better than
the traditional modes i.e national newspapers or broadcasting networks.
 WORLD WIDE WEB
• www is an application developed independently of internet but uses the
internet platform.
• Invented by Sir Tim Berners-Lee
• Too much information on the internet and no rational way of accessing it.
1. Effective way to organize documents and retrieve them.
2. While using one, you should be able to instantly access another or
return to the original.
• Creation of a browser called worldwide web and a server called
CERNhttpd
 5 essential components to TBL’S
INVENTION
• The HyperText Transfer Protocol (http) – the request response
computer code sent to servers from users’ computers
• The HyperText Mark-up language (html) – the software coding viewed
by users in the form of the bidirectional link.
• Uniform Resource Locators (URLs) - a unique address for each linked
resource.
• The web browser- application used to navigate.
• The web server – the application that processes the request and
response actions.
 INTERNET ACCESSIBILITY
• https – document accessing tool – easy to use
• Home users – computer + modem
• Internet accessibility – network provided by an (ISP)
Internet Service Provider
• Each device that connects is automatically assigned a
numerical internet protocol (IP) address.
 CYBER law regulatory instruments

• The Constitution of Zimbabwe, 2013.

• Freedom of Information Act Chapter 10:33.
• Cyber and Data Protection Act Chapter 12:07.
• Postal and Telecommunications Act Chapter 12:05.
• Copyright and Neighbouring Rights Act Chapter 26:05.
• Criminal Law (Codification and Reform) Act Chapter 9:07.
 INTERNATIONAL INSTRUMENTS
• African Union Convention on Cyber Security and Personal
Data Protection in Africa.
• African Charter on Human and People’s Rights and
Associated Declarations.
• International Covenant on Civil and Political Rights (ICCPR).
• Universal Declaration of Human Rights (UDHR).
• United Nations Human Rights Council (UNHRC).
 REGULATORY BODIES
• Postal and Telecommunications Regulatory Authority (POTRAZ).
• Cabinet Committee on Scientific Research, Technology development and
Applications.
• Monitoring of Interception of Communication Centre (MICC).
• Zimbabwe Media Commission (ZMC).
• Broadcasting Authority of Zimbabwe (BAZ).
• Consumer Council of Zimbabwe(CCZ).
• Zimbabwe Internet Service Providers Association (ZISPA).
• Zimbabwe Internet Governance Forum.
 MAIN REGULATORY BODY – POTRAZ AND IT’S
FUNCTIONS as the DPA

• To enforce the overarching principles of data protection that are

enshrined in the Cyber and Data Protection Act.
• To raise awareness on the rights of data subjects under the Act.
• To sensitize data subjects on the responsibilities of data controllers.
• To bring to the attention of participants crimes brought about by the
promulgation of the Cyber and Data protection Act (amendments to
the Criminal Code).
• To build mutual trust and confidence among data subjects and ensure
it’s role as the Data Protection Authority.
 BACKGROUND
• Data Protection Act [Chapter 11:22].
• Promulgated on 3 December 2021 and effective on date of gazetting.
• Title and Chapter changed in 2022 to Cyber and Data Protection Act [Chapter 12:07].
• Consolidates and gives effect to section 57 of the Constitution on Protection of the right to Privacy.
• Growth in ICT usage and need to build confidence and trust in the use of ICTs (section 2 & National
Policy for ICT).
• A culmination of regional efforts to harmonize Data Protection Laws (SADC –HIPSSA Project). The
advent of Africa Continental Free Trade Area (ACFTA).
• Based on Principles enshrined in the African Union Convention on Cyber Security and Personal
Data Protection (Malabo Convention 2014).
• International good practice and cooperation in protection of Personal Information in view of rise in
abuse of personal information.
 SUBJECT MATTER
• Amends the Criminal Law (Codification and Reform Act [Chapter
9:23) to provide for offences that are cyber related.
• Amends provisions of the Criminal Procedure and Evidence Act
[Chapter 9:07] to provide for admissibility of electronic evidence
and procedures to expedite preservation of such evidence as well
as obligations of service communications providers.
• Amends the Interceptions of Communications Act [Chapter 11:20]
to provide for establishment of a Cyber Security and Monitoring of
Interceptions of Communications Centre and its functions.
 SUBJECT MATTER (2)
• The law outlines rules for collection, processing and usage of personal information by
individuals, public and private institutions .
• Balances the right to privacy with other rights such as access to information.
• Establishes the rights of citizens (data subjects) in the processing of their personal
information.
• Prescribes minimum conditions for processing data, including processing in relation to
cross border transfer of information.
• Outlines the responsibilities of data controllers and processors.
• Provides remedies for abuse of personal information.
• Designates the Postal and Telecommunications Regulatory Authority of Zimbabwe as the
Data Protection Authority and provides for its functions accordingly (section 5 and 6).
 SCOPE OF APPLICATION
• Protection of personal information relates to an identifiable natural person – a
living individual.
• The law applies to the processing of all forms of personal information or
information stored on both electronic and non-electronic platforms.
• The law applies to Controllers and Processors:
 Established in Zimbabwe and the processing takes place in Zimbabwe.
 Not established in Zimbabwe but uses equipment or a data processor
carrying out business in Zimbabwe to process the personal information.
 Processing is in respect of information which originates partly or wholly from
Zimbabwe.
 DATA PROCESSING
• Recording in public spaces through video surveillance cameras.
• Storing the information in data centers, or storage even in simple formats such a
spreadsheet.
• Using data in making decisions based on data collected for informing policy or interests of
the data subject.
• Disclosing information - whether the public or private disclosure is lawful or unlawful.
• Deleting of the information before or after use or during use, which can also be lawful or
unlawful.
• Uploading on internet personal details to open a webpage or registration.
• Recording of biometrics when issuing digital identity cards or records.
• Registration of SIM cards by mobile telephone operators.
Theoretical approaches to cyberspace law and regulation

• There are three theoretical approaches to cyberspace law

and regulation.
• Libertarianism
• Communitarianism
• Cyber feminism
 LIBERTARIANISM
• This approach emphasises the individual’s right to privacy,
free speech and property rights.
• It advocates for minimal government involvement in
regulating the internet relying on principles of free
marketing and self regulation.
• It is ideal in that it effectively promotes innovation and
growth.
• However, it may open up a leeway to abuse through
cyberbullying, online harassment and theft.
 COMMUNITARIANISM
• This approach emphasizes on the common interests of the
community.
• It advances that the government should be effective in
regulating the internet.
• It emphasizes on the importance of social norms and values
in creating an ethical and legal framework for the internet.
• It provides a holistic approach to addressing internet issues
and promoting social justice.
 CYBERFEMINISM
• Emphasizes on gender cognisance in regulating the
internet.
• It argues that issues such as online harassment, gender
harassment and sexist content are systemic and
interconnected.
• This approach can draw attention to the marginalised
groups in the society who face disproportionate cyber
threats.
• Social justice and feminist values are its components.
 conclusion
• Internet services such as social media play a crucial role in the legal fraternity because
its abuse leads to violation of various fundamental human rights within the constitution.
• Some of these rights are very sensitive especially when they are violated within the
online space, with some requiring balance.
• Regulating the cyberspace is an integral part of the success or failure of the legal
fraternity as we are moving towards a more modern and globalized world.
• Legal professionals should understand laws that regulate online mediums and the
implications of violating such.
• Finally, we cant talk about Education 5.0 without talking about a well regulated
cyberspace as it directly or indirectly affects all the components.
THE END!!!