What concepts are found in the title ICT Policy and Cyber Laws?

We can start by defining the two terms separately.

ICT Policy is a roadmap to ICT implementation strategies. It can also be defined as a set of pre-defined actions with a view to encouraging the use of ICT in every socio-economic endeavours. A policy is typically described as a deliberate plan of action to guide decisions and achieve rational outcome(s).

Each country has a National ICT Policy which is described as a policy put into place by governments’ and stakeholders’ who are committed to the process of bringing digital technology to all individuals and communities so that they can have access to information.

In Uganda, the National ICT Policy 2014 is aimed at supporting the realization of the national vision. The broad policy objectives of the national ICT policy are to;

·        Build a knowledge based human capital;

·        Promote innovation in economic and social systems;

·        Expand ICT infrastructure and its integration throughout the country;

·        Deepen utilization of ICT services by government, private sector, Non-Government Organizations and Citizenry;

·        Enhance research and innovation in ICT products, applications, and services; and

·        Improve ICT governance and environment in Uganda

Areas of focus for ICT Policy

1.      ICT Infrastructure: Promote the provision of accessible, universal, affordable, reliable, modern and high-quality levels of ICT facilities and services.

2.      Legal and Regulatory Framework: Provide for the creation of an enabling legal and regulatory environment that ensures the growth and development of the Information and Communications Technology (ICT) sector.

3.      Human Resource Development – Promote the use of ICT to enhance education and skills development and build a growing ICT-savvy Nation.

4.      Industry – Use ICT to create an enabling and conducive environment for the promotion of investment and the development of a vibrant and sustainable economy.

5.      Government – Government as a user, purchaser, and regulator must support the use of ICT for the innovative, effective and efficient delivery of information and services to the citizen and within the public sector.

 

ICT Cyber Law is the part of the overall legal system that deals with the Internet, cyberspace, and their respective legal issues. Cyber law covers a fairly broad area, encompassing several subtopics including freedom of expression, access to and usage of the Internet, and online privacy. Generically, cyber law is referred to as the Law of the Internet.

The first cyber law was the Computer Fraud and Abuse Act, enacted in 1986. Known as CFAA, this law prohibits unauthorized access to computers and includes detail about the levels of punishment for breaking that law.

Why are cyber laws needed?

Like any law, a cyber law is created to help protect people and organizations on the Internet from malicious people on the Internet and help maintain order. If someone breaks a cyber law or rule, it allows another person or organization to take action against that person or have them sentenced to a punishment. Some of the other importance’s of cyber law include:

1. It covers all transaction over internet.
2. It keeps eyes on all activities over internet.
3. It touches every action and every reaction in cyberspace.

Area of Cyber Law:

Cyber laws contain different types of purposes. Some laws create rules for how individuals and companies may use computers and the internet while some laws protect people from becoming the victims of crime through unscrupulous activities on the internet. The major areas of cyber law include:

1. Fraud: Consumers depend on cyber laws to protect them from online fraud. Laws are made to prevent identity theft, credit card theft and other financial crimes that happen online. A person who commits identity theft may face confederate or state criminal charges. They might also encounter a civil action brought by a victim. Cyber lawyers work to both defend and prosecute against allegations of fraud using the internet.
2. Copyright: The internet has made copyright violations easier. In early days of online communication, copyright violations was too easy. Both companies and individuals need lawyers to bring actions to impose copyright protections. Copyright violation is an area of cyber law that protects the rights of individuals and companies to profit from their own creative works.
3. Defamation: Several personnel use the internet to speak their mind. When people use the internet to say things that are not true, it can cross the line into defamation. Defamation laws are civil laws that save individuals from fake public statements that can harm a business or someone’s personal reputation. When people use the internet to make statements that violate civil laws, that is called Defamation law.
4. Harassment and Stalking: Sometimes online statements can violate criminal laws that forbid harassment and stalking. When a person makes threatening statements again and again about someone else online, there is violation of both civil and criminal laws. Cyber lawyers both prosecute and defend people when stalking occurs using the internet and other forms of electronic communication.
5. Freedom of Speech: Freedom of speech is an important area of cyber law. Even though cyber laws forbid certain behaviors online, freedom of speech laws also allow people to speak their minds. Cyber lawyers must advise their clients on the limits of free speech including laws that prohibit obscenity. Cyber lawyers may also defend their clients when there is a debate about whether their actions consist of permissible free speech.
6. Trade Secrets: Companies doing businesses online often depend on cyber laws to protect their trade secrets. For example, Google and other online search engines spend lots of time developing the algorithms that produce search results. They also spend a great deal of time developing other features like maps, intelligent assistance and flight search services to name a few. Cyber laws help these companies to take legal action as necessary in order to protect their trade secrets.
7. Contracts and Employment Law: Every time you click a button that says you agree to the terms and conditions of using a website, you have used cyber law. There are terms and conditions for every website that are somehow related to privacy concerns.

Advantages of Cyber Law:

• Organizations are now able to carry out e-commerce using the legal infrastructure provided by the Act.
• Digital signatures have been given legal validity and sanction in the Act.
• It has opened the doors for the entry of corporate companies for issuing Digital Signatures Certificates in the business of being Certifying Authorities.
• It allows Government to issue notification on the web thus heralding e-governance.
• It gives authority to the companies or organizations to file any form, application or any other document with any office, authority, body or agency owned or controlled by the suitable Government in e-form by means of such e-form as may be prescribed by the suitable Government.
• The IT Act also addresses the important issues of security, which are so critical to the success of electronic transactions.