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CYBERLAW
Cyberlaw is defined by the convergence of technology and the law. It is the modern day reality of the internet and all things cyber that has led to a new legal reality. The law had to adapt to technological advancement and in particularly the use of these new technologies. More accurately, cyberlaw is the law as it applies to Information and communication technologies (ICT) and is referred to as Information and Communication Technology (ICT) Law.
Interpol AFRICAN CYBERTHREAT ASSESSMENT REPORT
CYBERTHREAT TRENDS 2023
OF BEC ATTACKS IN AFRICA OCCUR IN SOUTH AFRICA
Per Year
of data breaches are linked to successful phishing attacks
average cost of a data breach
CYBERLAW FORENSICS
Digital forensics was one of the first new waves where law converged with new technologies. A Good example would be the search and seizure of electronic evidence. The law as it applied before the Internet and computers simply could not deal with the new realities of the search and seizure of electronic evidence. The simple reason is that digital forensic technologies had to be applied to assure the reliability of evidence found in electronic format.
The search for and seizure of electronic evidence now took place in a virtual and not a physical space. On the one hand the law prescribes the legality of the search and seizure and on the other hand computer science dictates the methodology of how the evidence is searched for and seized. The birth of cyberlaw forensics.
Cyberlaw forensics however further applies where technology has converged with common law and legislative principles, relating to forensic investigations, cybercrime and matters where digital forensics play a role.
About Cyberlaw Forensics
Cyberlaw Forensics delivers cyber legal and forensic investigation services to the ICT sector and people in need of specialised services.
Gideon Petrus Bouwer
Gideon is the CEO of Cyberlaw Forensics (CLF). CLF drives technological innovation through expertise in information technology law and provide companies and individuals with the necessary legal advice and expertise to grow their enterprises in the field of artificial intelligence and communication technology. Gideon is an Attorney and Managing Partner of GP Bouwer Attorneys which is a specialised ICT law firm (gpbouwerattorneys.co.za).
He is a senior consultant at Steyn IP as a Specialist ICT law and AI law advisor. He holds a master’s degree in information technology law and is published on the Search and seizure of electronic evidence- JUTA (2014) SACJ 156. Gideon is referred to as authority on the search and seizure of electronic evidence in Juta - Commentary on the Criminal Procedure Act (Du Toit). He is currently pursuing his LLD (Doctorate in Law) on “The search and seizure of electronic evidence in a global context” at the University of Stellenbosch. This study includes the application of AI in light of the search and seizure of electronic evidence and cross-border data flows.
He has been investigating cybercrime for 24 years since the year 2000. He was a member of the SAPS for 24 years and has more than 30 years investigation experience. He is a regulatory expert in GDPR compliance, and global regulatory compliance with regards to transborder data flow and data protection regulations. Specifically, Gideon specializes in integrated IT compliancy solutions in the GRC space with regards to regulatory requirements. He combines IT and IT-law to achieve workable and implementable solutions.
He is published in ACAMS with regards to the integration of artificial intelligence in financial crime compliance, customer due diligence in context to the GDPR and the European cybersecurity ecosystem. Gideons’ specialty is inter alia POPIA and GDPR compliancy in relation to integrated IT solutions. Gideon has delivered advanced training courses and workshops to major banking institutions and corporate entities in relation to Popia and GDPR. These institutions include Standard Bank, FNB, Capitec, Westbank, Airports Company of South Africa (ACSA), African Rainbow Mineral and SASOL to name a few. Gideon specializes in integrated compliancy requirements such as the relationship between Customer due diligent (CDD), Popia and GDPR compliancy and has been published in the ACAMS European online magazine. Gideon has also been a speaker at various conferences on the integration of regulatory compliancy solutions such as, FICA, RICA POPIA and the GDPR and on how to find combined integrated solutions in context to ICT.
Gideon further specializes in the integration of ICT systems in relation to Governance, risk management, and compliance (GRC) which would include effective cybercrime security frameworks. Gideon has inter alia provided training to the forensics departments of Standard Bank, Capitec, FNB as well as African Rainbow Minerals and Sasol, on the development of cybersecurity frameworks and cybercrime.
