In the context of the Internet, spam generally refers to unsolicited and unwanted electronic messages, usually transmitted to a large number of recipients. The problem with spam is that almost all of the related costs are shifted onto the recipients, and many of the messages contain objectionable content. Spam has become a significant problem for network administrators, businesses and individual Internet users that threatens to undermine the usefulness of e-mail. Globally, spam spiralled to account for over 60% of all e-mail near the end of 2004. It is a problem that costs the global economy billions of dollars a year in lost productivity, anti-spam measures and computer resources. It has forced governments to enact legislation against the problem and it has prompted the development of numerous technical countermeasures. Spam can only be defeated by a combination of legal measures, informal measures (including self regulation and social norms), technical measures and consumer education. Because spam is a relatively recent and evolving problem, the application of various common law mechanisms are explored, including the law of privacy and the law of nuisance. Various constitutional concerns may also arise in the context of spam, and the right to freedom of expression must be balanced against other competing rights and values, including the right to privacy. Comparative legislation is examined, because it is important to recognise trends in spam legislation in other jurisdictions so as to ensure a measure of interoperability with those laws. The practical difficulties in identifying spammers, and the lack of jurisdiction over offshore offenders affect the practical implementation of the current protection offered by the ECT Act. In conclusion, this thesis identifies the need for direct anti-spam legislation in South Africa, and suggests various clauses that will need to be catered for in the legislation. It is submitted that "opt-in" legislation should be preferred over "opt-out" legislation. It is further submitted that a definition of spam should be based on the volume and indiscriminate nature of the e-mail, and not only on whether the communication was commercial. Therefore, a definition of bulk unsolicited e-mail is proposed. / Criminal & Procedural Law / LLD

In the context of the Internet, spam generally refers to unsolicited and unwanted electronic messages, usually transmitted to a large number of recipients. The problem with spam is that almost all of the related costs are shifted onto the recipients, and many of the messages contain objectionable content. Spam has become a significant problem for network administrators, businesses and individual Internet users that threatens to undermine the usefulness of e-mail. Globally, spam spiralled to account for over 60% of all e-mail near the end of 2004. It is a problem that costs the global economy billions of dollars a year in lost productivity, anti-spam measures and computer resources. It has forced governments to enact legislation against the problem and it has prompted the development of numerous technical countermeasures. Spam can only be defeated by a combination of legal measures, informal measures (including self regulation and social norms), technical measures and consumer education. Because spam is a relatively recent and evolving problem, the application of various common law mechanisms are explored, including the law of privacy and the law of nuisance. Various constitutional concerns may also arise in the context of spam, and the right to freedom of expression must be balanced against other competing rights and values, including the right to privacy. Comparative legislation is examined, because it is important to recognise trends in spam legislation in other jurisdictions so as to ensure a measure of interoperability with those laws. The practical difficulties in identifying spammers, and the lack of jurisdiction over offshore offenders affect the practical implementation of the current protection offered by the ECT Act. In conclusion, this thesis identifies the need for direct anti-spam legislation in South Africa, and suggests various clauses that will need to be catered for in the legislation. It is submitted that "opt-in" legislation should be preferred over "opt-out" legislation. It is further submitted that a definition of spam should be based on the volume and indiscriminate nature of the e-mail, and not only on whether the communication was commercial. Therefore, a definition of bulk unsolicited e-mail is proposed. / Criminal and Procedural Law / LLD

The use of cellphones has increased all over the world. That invites many academics to conduct research on the usage of these devices, especially by young people, since young people join Social Network Sites (Facebook, Mxit, 2go, Whatsapp) and use a shorthand language. Most studies are related to the use of English and other languages that are recognised by computer software. There are few studies, if any, that have been done in relation to the use of African Languages on these sites. This research therefore aims to seek to explore the use of African Languages, especially isiXhosa, in assessing how technology might help in language development through the usage of SNSs that learners already use to equip them with educational material in their mother tongue. This study was conducted in two high schools, Nogemane Senior Secondary School in a disadvantaged and remote rural community with limited access to additional educational material such as magazines, newspapers, and television. The school also lacks basic study materials such as textbooks from the Education Department and they have no access to a library and laboratory. They also only have very few subjects to choose from. Nombulelo Senior Secondary School is in Grahamstown. This school has good infrastructure and learners have access to different technological devices and they can access libraries. What is common between learners in both schools is that they are all doing isiXhosa as a first language and are using SNSs to interact with each other. This study has found that learners enjoy using SNSs rather than reading the printed books. Furthermore, they enjoy and prefer interacting in isiXhosa in their conversations. Learners also use the web to post and show their creative writing, regardless of the shorthand form writing they use on the SNSs. This study has found that learners are not well equipped with basic isiXhosa skills when reaching the FET phase. They lack the understanding of standard isiXhosa idioms and proverbs. That clearly means that they are equipped in the more modern forms of literature rather than the traditional oral forms. IsiXhosa teachers also see SNSs as the better platform to engage with learners and they suggest that there must be a section in the subjects at school that teaches about cyber bullying and being safe online. This thesis also presents examples of new and contemporary forms of SNS-speak that are used by learners in both the rural and urban schools. This study is more concerned with SNSs for literacy development and to assess whether the shorthand writing has negative or positive effects in writing isiXhosa. This is done against the backdrop of a literature review which explores new literacies, computer mediated communication, social identity models as well as language policy and planning.