Master of Laws in Cyber Law

Purpose

The primary purpose of this qualification is to provide learners with

• Intellectual and theoretical competencies at an advanced level to strengthen his/her ability to understand and apply the law relating to cyber law.
• Being equipped intellectually and obtaining an enhanced insight into the legal basis which informs, influences and circumscribes the cyber law.
• Obtaining a high-level competence to master the legal dimensions of cyber law.
• Acquiring and developing advanced research and formulation skills which enable learners to apply the law and principles relating to cybercrimes in an expert fashion.
• Being enabled to demonstrate analytical and interpretative competencies in the application of the law that provide learners with a deeper understanding of cyber law, against the background of the commercial and social environment.
• Obtaining the ability to compare and evaluate the scientific and applied relevance of legal and non-legal data.
• The acquisition of a capacity for the pursuit of further Postgraduate multi-disciplinary learning and learning in law.
• Enhanced employment opportunities and entrepreneurial skills.

Rationale

The use of computers has heralded a new era, namely the information age, which is dominated by information systems. In this information era, information systems such as computers have and will increasingly permeate every sector of life - personal as well as working life. Cyberspace as a medium opposed to that of the physical world has brought with it challenges yet unknown or different to that of the physical world, and it is of immense importance that especially legal practitioners take note of the legal system within cyberspace which is referred to as cyber law. Cyber law encompasses the use of electronic communication systems and all conduct that relates to the exchange of information in cyberspace. It has become abundantly clear that the use of communication systems for the exchange of information such as buying online or sending an SMS, is not merely a technical phenomenon but a legal issue which culminates in major legal consequences. It is the legal ramifications of the use of information technology that must be evaluated, studied and researched within the ambit of cyber law. Legal issues, such as whether employees' e-mails may be intercepted and/or monitored within the ambit of the workplace; whether it is safe to do online banking and if a breach of security occurs, who is liable and closely linked with the latter question, whether the perpetrator of a crime can be prosecuted, and other issues arise. All the various legal issues can be bought under four main modules, namely intellectual property rights; e-commerce; privacy, trust and security; and lastly unlawful conduct. The legislation is enacted to deal specifically with electronic communication systems. It is important that any prospective learner has a general overview of the legal challenges facing the use of communication systems in cyberspace before commencing with specialisation. One should also look wider than South Africa but also to other countries with regard to the protection of privacy, curbing spam, cyberstalking, security threats made regarding the use of information systems within the corporate world and what the position of the ISP is in respect of the denial of service attacks. All these issues seen within a comparative ambit bring with it legal debate and ever-increasing topics for much-needed research, especially if South Africa wishes to be economically competitive - which is much needed for the upliftment of our society.

Recognition of Prior Learning (RPL)

Learners who do not meet the formal requirements for the qualification may apply for Recognition of Prior Learning and for admission on the basis thereof. Prior learning can include prior qualifications, other prior formal, informal and non-formal learning as well as relevant work experience. If admission is granted, learners must undertake to comply with all the conditions that may set with a view to promoting successful studies. Through recognition of prior learning, a learner may gain access. or advanced placement or recognition of status on condition that she or he continues her or his studies at this institution. Recognition of Prior Learning in the case of learners not complying with the formal entry requirements will be conducted in accordance with the policy and guidelines of the Institution concerning the recognition of other forms of formal, informal and non-formal learning and experience. For this Postgraduate qualification, recognition takes place only where prior learning corresponds to the required NQF-level, and in terms of applied competencies relevant to the content and outcomes of the qualification. Recognition of Prior Learning by the Faculty takes place in terms of an assessment procedure. This procedure includes a motivated recommendation by an assessment panel to the Dean's Committee, which takes the final decision.

Entry Requirements

The minimum entry requirement for this qualification is

• Bachelor of Laws, Level 8.

Duration and total credit value of qualification

• Duration of qualification: One year for full-time learners, two years for part-time learners.
• Total credit value of qualification: 120 of which 24 is awarded to the dissertation.

The dissertation requires 240 notional hours of research, preparation, presentation (orally or in writing) and follow-up work.

Minimum credits required at specific levels

• Level 8: 120 (dissertation constitutes 24 Credits).

Please note that the 120 Credits over one year will only be applicable to learners doing the LLM on a full-time basis.

Specify total number of credits for

• Fundamental modules: This is a specialist qualification and no fundamental modules are necessary.
• Core modules: 120 (dissertation constitutes 24 Credits).
• Elective modules: Qualification has no elective modules.

Rules of Combination

Refer to the following attachments

Like all the other Master of Law qualifications in the comprehensive programme of the Faculty of Law, the Master of Law by course-work in cyberlaw will serve to integrate prior knowledge gained in previous qualifications with a deeper, high-level knowledge of all matters pertaining to cyberlaw.

The qualification consists of five modules. Four are course-work modules and the fifth consists of a dissertation. The dissertation deals with a specific topic in the field of cyberlaw. The programme consists of lectures presented by practitioners and academics who have proven their in-depth knowledge of the topic under discussion.

Master of Law by course work in Cyberlaw-LLM in Cyberlaw.

• Module/subject: Intellectual property rights, Core: 24 Credits at NQF Level 8.
• Module/subject: E-commerce, Core: 24 Credits at NQF Level 8.
• Module/subject: Security, Trust and Privacy, Core: 24 Credits at NQF Level 8.
• Module/subject: Unlawful Conduct, Core: 24 Credits at NQF Level 8.
• Module/subject: LLM KRR Dissertation, Core: 24 Credits at NQF Level 8.
• Total credits, Core: 120 Credits at NQF Level 8.

1. Problem-solving skills

• Identify, analyse, comment on and solve advanced cyber law and associated problems based on a relevant theoretical framework and reflect on the process of problem-solving.

2. Teamship

• Work in a team or group and reflect on and integrate their own participation.

3. Self-responsibility skills

• Demonstrate an ability for self-study, self-discipline, initiative, independent assessment and ability to write a dissertation or present a seminar.

4. Research skills

• Demonstrate their ability to plan and conduct advanced research, and be capable of giving a scientific account of and apply the knowledge in the area of cyberlaw that has been gained through literature study.

5. Communication skills

• Demonstrate their ability to communicate effectively, both orally and in writing, in the course of practicing law at an advanced level, and in the process of undertaking high-level research.

6. Technological and environmental literacy

• Demonstrate their ability to utilise science and technology effectively in the course of the study, research and writing required by the qualification.

7. Developing macrovision

• Demonstrate their ability to comprehend the interrelatedness of the cyberlaw with other filed and with society in general.

8. Learning skills

• Demonstrate their ability to independently and innovatively undertake high-level research and reflective studies.

9. Citizenship

• Show a greater awareness and knowledge of societal issues, in particular with regard to cyber rights issues, thereby enhancing their social responsibility as citizens.

10. Cultural and aesthetic understanding

• Demonstrate a well-developed sensitivity for cultural and aesthetic realities in society.

11. Employment seeking skills

• Access advanced employment opportunities, particularly in the areas of the law relating to cyberlaw.

12. Entrepreneurship

• Demonstrate the application of entrepreneurial skills in the practice of law at an advance level, and in the undertaking of high-level research of cyberlaw.

1.

• Demonstrate, in written or oral form, an ability to identify, analyse and solve high-level cyber law legal problems.
• Solve relevant cyber law legal problems by skilfully identifying, analysing and commenting on same.

2.

• Display an awareness of and an ability to function effectively in a group.
• Demonstrate the ability to participate effectively in debating solutions and approaches to particular legal problems.

3.

• Undertake independent research and writing at an advanced level.
• Analyse related cyberlaw legal problems and their solutions independently.

4.

• Display an ability to conduct a high-level research project successfully.
• Define a particular related topic, arrange the subject matter coherently, accurately and succinctly reflect, formulate and interpret scholarly opinion on the topic.
• Identify particular problem areas and develop a clear line of argument by means of analysis and interpretation.

5.

• Advise clients on the legal implications of and on solutions for particular cyberlaw problems and questions.
• Write high-level research report in which cyberlaw problems are identified, analysed and discussed.

6.

• Utilise written and electronic data in writing a report/assignment and the dissertation.

7.

• Participate in a seminar on the implication of relevant legal information concerning cyberlaw for other related disciplines.
• Report on a coherent approach towards problem solving and policy-making with regard to cyberlaw related issues.

8.

• Undertake advanced research and write a dissertation on a cyberaw topic.

9.

• Debate the impact on society in general, and on certain interest groups in particular, or related provisions and principles concerning cyberlaw.

10.

• Display an awareness and sensitivity for societal realities.

11.

• Display awareness as to how the qualification may be utilised to access the labour market.

12.

• Display an ability to develop and maintain a career in law.

Integrated assessment

• Because assessment practices must be open, transparent, fair, valid, reliable and ensure that no learner is disadvantaged in any way whatsoever, an integrated assessment approach is incorporated into the qualification. Both formative and summative assessment processes are accounted for to monitor progress during the programme and to determine competence at the end of the programme.

1. Formative (continuous) assessment practices that will be implemented

• Formative assessment is aimed at the development of a life-long learning culture based on continuous self-study. More particularly, in this qualification, formative assessment aims at the preparation of learners for writing an examination of each module and for writing a quality dissertation. Formative assessment is conducted by class discussions, seminars, assignments and the writing of the dissertation. Discussion of assignment and examination results and questions and other forms of feedback are an integral and critical part of assessment.
• Regular meetings between the learners and their study leaders take place during which all aspects pertaining to the preparation for and drafting of the research dissertation are discussed. Study leaders assess learners continuously and, equally important, guide them through the process.

2. Summative (final) assessment practices

Integrated assessment, focusing on the achievement of the exit-level outcomes, will be done by means of

• Both in the examinations on each of the modules and in the dissertation, learners are assessed on their ability to integrate prior knowledge gained in preceding studies with a deeper, high-level knowledge of relevant topics dealt with in the course of the qualification, and of the research topic gained from the research into the topic and from the scholarly writing thereon. The purpose is to demonstrate a reflective and scholarly understanding of cyber law and the research topic. In conjunction with formative assessment, summative assessment determines whether the learner is awarded the qualification. In the summative assessment the four modular examinations and the final dissertation is submitted to and are examined of not less than two examiners. The qualification is obtained if the earner passes all four modular examinations and the dissertation.
• As a further demonstration of the learner's ability in this regard, the learner may be required to submit an article based on the dissertation which may, at the discretion of the study leader, be submitted for publication in a law journal under the names of both the learner and the study leader.

3. Pass requirements that will be implemented

• Learners must pass all four modular examinations and the dissertation.
• Learners must achieve a minimum mark of 50% in all four modular examinations and the dissertation.
• The dissertation requires 240 notional hours of research, preparation, presentation (orally or in writing) and follow-up work and is therefore also awarded a credit value of 24 (each of the modules has a credit value of 24, please refer to Appendix B: Rules of combination and additional information on modules).
• Each one of the four modules as well as the dissertation carries a weight of 25% in calculating the final mark.
• The qualification is awarded with distinction if a learner obtains a final mark of at least 75% on average for the four examinations and the dissertation.