By the end of this lesson, learners should be able to:
- Identify the parts of the email message window
- Compose and send an email message
- Receive new email messages
By the end of this lesson, learners should be able to:
An organisation must take note of certain security considerations of using the internet for transmitting messages in terms of both the environment and its implications to the immediate environment.
A computer virus is an unauthorised software program or portion of a program that is introduced into a computer or network. The purpose of a virus is to damage data files, delete data or perform other harmful actions. Depending on the purpose of a particular virus, the reformatting of an infected diskette or hard drive may be the only method of dealing with the virus. This will result in the loss of all the data on the diskette or hard drive.
Encryption is the process of disguising, that is, encrypting, a readable communication, into an unintelligible scramble of characters according to some code or cipher. The readable communication is called plaintext. The encrypted communication is called ciphertext. Decryption is the process of converting the ciphertext back to its original, readable form”.
Spam is any kind of email that you don’t want and that you didn’t sign up to receive. Some spam is annoying but harmless, but some might be part of an identity theft scam or other kind of fraud. You can get spam in instant messages, text messages, and on your social networking sites. This information below will help you to reduce spam email.
It is a principle of South African law that an employer can be held liable for a delict committed by its employee, as long as it can be shown that
This phrase refers to acts committed by the employee in the exercise of the functions to which he/she was appointed, including such acts as are reasonably necessary to carry out the employer’s instructions.
From the above it should be apparent that employees need to be educated in the risks of sending e-mails or browsing the Internet. It often happens that they are horrified to learn that their every move leaves an audit trail (irrespective of whether or not anyone actually is monitoring their exchanges or later decides to review the system logs). After employees have been educated in these points they are much more likely to act with circumspection in their posting and surfing (both official and personal).
Note
While this Act does not deal specifically with the Internet, the definition of a “publication” is wide enough to include the Internet.
Although the provisions of this Act seek to regulate the distribution of films and publications (including pornography), one must interpret them having due regard to the fundamental rights to privacy and of freedom of expression which are protected in the Bill of Rights. See also chapters 12 and 13.
With regard to “hate speech”, the right to freedom of expression does not extend to advocacy of hatred that is based on race, ethnicity, gender or religion and that causes incitement to cause harm. It must be noted that like pornography, it is only the distribution of such material which is an offence under the Act.
With regard to defamation by companies and employees of companies, one of the important issues is where the duty to regulate lies; whether there is a duty on the company or Internet service provider (ISP) to regulate the publication of material (whether it is by way of e-mail or a bulletin board on the company’s intranet) is a moot point. Unfortunately, this issue has not been decided in South Africa and companies that decide not to regulate and instead do nothing, could be exposing themselves to a possible claim for negligence on grounds that they owed a duty of care to their employees and third parties to impose some restrictions.
In so far as e-mail might be the medium for the defamatory statement in the workplace, it is important to remember that the defamation will probably occur at the place where the offending material is accessed. This might impact on defamatory e-mail received from a foreign jurisdiction, as a South African court will only have jurisdiction in South Africa if the words were published (accessed) in South Africa.
The following are some of the legislations that relate to use of emails.
The overall objective of the Act is to enable and facilitate electronic transactions by creating legal certainty around transactions and communications conducted electronically. The Act seeks to address the following policy imperatives:
Part 1 provides for the legal recognition of data messages and records. Electronic data will, subject to certain conditions, be permitted to be retained for statutory record retention purposes, will be regarded as being ‘‘in writing’’, and as a true copy of an ‘‘original’’ record, and provision is made for securing proper evidentiary weight of electronic evidence.
Part 2 deals with the rights and obligations that follow from the communication of data messages. The Act also provides for the validity of sending notices and other expressions of intent through data messages.
Chapter XII of the Act seeks to provide for the Department of Communications to appoint cyber inspectors. The cyber inspectors may monitor Internet web sites in the public domain and are granted powers of search and seizure of “information systems”, subject to obtaining a warrant. The Act’s definition of ‘‘information system’’ means a system for generating, sending, receiving, storing, displaying or otherwise processing data messages and includes the Internet;
Under Section 82 (1) A cyber inspector may, in the performance of his or her functions, at any reasonable time, without prior notice and on the authority of a warrant issued in terms of section 83(1), enter any premises or access an information system that has a bearing on an investigation
[Amongst other things] He is authorised to:
A person who refuses to co-operate or hinders a person conducting a lawful search and seizure in terms of this section is guilty of an offence.
Unsolicited emails now have a legal definition and must meet certain requirements.
45(1): Any person who sends unsolicited commercial communications to consumers, must provide the consumer
(a) With the option to cancel his or her subscription to the mailing list of that person; and
(b) With the identifying particulars of the source from which that person obtained the consumer’s personal information, on request of the consumer.
(2) No agreement is concluded where a consumer has failed to respond to an unsolicited communication.
(3) Any person who fails to comply with or contravenes subsection (1) is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89(1).
(4) Any person who sends unsolicited commercial communications to a person, who has advised the sender that such communications are unwelcome, is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89(1).
In responding to local spam you might find the following template message most useful in getting results.
The Act sets out rules to provide certainty about:
An email or other electronic communication is taken to have been sent at the time it first enters an information system outside the sender’s control. So if you have an email account with an Internet Service Provider (ISP), your email will be taken to have been sent when it first enters your ISP’s system. If you have a direct Internet connection, the email will be taken to have been sent when it first goes to the recipient’s ISP or their own mail server. An email or other electronic communication is taken to have been received:
Some communications or transactions that the law requires to be in writing cannot be in electronic form: they must still be on paper. For example: