Online Gambling
A Law Enforcement
Perspective
Brigadier Piet Pieterse
South African Police Service
Directorate for Priority Crime Investigation (DPCI)
2 March 2012
INTRODUCTION

The South African Police Service is responsible for the
prevention, combating and investigation of crime, to
maintain public order, protect and rescue the
inhabitants of the Republic and the property, and to
uphold and enforce the law.

The Directorate for Priority Crime Investigation’s
mandate is to investigate national priority offences
requiring specialised skills in the prevention and
investigation thereof.
Strategic objectives of the
DPCI is to ensure a multi-disciplinary approach and
integrated methodology involving stake holder
partnership.
Introduction to Cyber Crime

The DPCI recognised the value of combating, preventative and investigative
initiatives in addressing the manifestation of the cyber crime phenomenon
within the broader Southern African context.

The initiatives emanate from Government’s Delivery Agreement, with
specific reference to Outcome Three, referring to “All people in South Africa
are and feel safe”.

The agreement is based upon an overall outcome which is linked to a set of
selected outputs, identifying cyber crime and more specifically “the
negative impact of cyber crime on the economy and general well being of
citizens (which) cannot be underestimated”, as one such output.

In order to adhere to Outcome Three in relation to “cyber crime activities
that are threatening to become a pervasive danger to individuals and the
community and economy as a whole…”, decisive action has been identified
in Output Eight “Effective and integrated management of Cyber security”.
DEFINING CYBER CRIME
 Cyber
crime is defined in many different
ways by different sources.
 Cyber crime would be better described as
‘information
and
communication
technology’ crime.
 Communication, Banking and Commerce
Sectors rely on a hybrid form of
technology in that it consists of
computers,
computer
systems
and
communication devices.
 The
concept of cyber crime therefore,
should be construed so as to include all
these interacting hybrid technologies used
by modern society.
 Some
experts distinguish between ‘ true
computer crime’ and ‘computer related
crime’.

These technologies, crime and methods
are so interlinked, that it make sense to
adopted a wide, generic approach to
investigating
information
and
communication technology related crimes,
collectively referred to as cyber crime.
DEFINING ONLINE GAMBLING/
INTERACTIVE GAMBLING

In terms of existing legislation ‘interactive
gambling’ not defined.

The National Gambling Act 7 of 2004
- ‘interactive game’ means a gambling
game played or available to be played
through the mechanism of an
electronic agent accessed over the
internet other than a game that can be
accessed for play….
-
‘interactive gambling transaction’
a) commences when a player account is
debited in the amount of a wager;
and
b) concludes when the
i)
player account is credited with
the amount of winnings, in the
case of a winning bet; or
ii)
player loses the game.
ESTABLISH EXTENT & IMPACT OF
THE CRIME PHENOMENON

Identify
the
unique
characteristics,
nature, risks and extent associated with
the threat (criminal business system).

Identify appropriate interdepartmental
capacities and legal instruments.

Identify multi-disciplinary investigative,
combating and preventative strategies.
IDENTIFY UNIQUE CHARACTERISTICS,
NATURE, RISKS & EXTENT OF ONLINE
GAMBLING



Establish the Transnational nature of the
phenomenon and associated risks to South
Africa.
Establish the extent of the threat within the
Southern African context.
Identify unique characteristics and crime
patterns that appears similar in nature.

An analysis of the crime threat reveals (challenges
facing law enforcement) :
◦ Transnational in nature (geographical boundaries
does not necessarily limit unlawful activities);
◦ Anonymity (perpetrators usually unknown-faceless
in nature-often difficult to identify individuals who
are responsible);
◦ Often Organised/Complex in nature (it has a
structure-specific roles and functions allocated to
specific individuals within the structure-Internet
platform not regulated-advances in technologyvulnerability
of
computer
systems-wireless
technology);
◦ Difficult , time consuming to understand the
threat, inclusive to gather and secure
evidential material (digital evidence will form
part of most crime scenes, yet there is still
widespread ignorance amongst officials in
gathering
digital
evidence-attempts
at
investigation involving computers often fail
because of mistakes made at a very early
stage, essential digital evidence is ignored,
destroyed or compromised or inappropriately
handled-need for more trained forensic experts
to analyze and testify about digital evidence);
◦ Techniques employed by perpetrators often
sophisticated;
◦ Often a process to commit fraud, inclusive of
identity theft and money laundering/receiving the
proceeds of crime;
◦ Often difficult to identify and successfully prosecute
(first price: arrest cyber perpetrator behind
offending computer, the instrument to the crimesecond price: arrest cyber perpetrator in possession
of offending computer, case mainly based on
circumstantial
evidence-successful
criminal
prosecution depends essentially on the availability
of prima facie admissible evidence);
◦ International cooperation essential (Mutual Legal
Assistance MLA- time consuming
Appropriate Interdepartmental
Capacities & Legal Instruments
Identify international best practices in
addressing the threat.
 International benchmarking in comparison
to South African approach.
 Establishment
of
adequate
law
enforcement capacity in addressing the
identified threat within a multi-disciplinary
approach.

Identify Multi-disciplinary
Investigative Strategy

Develop a detailed implementation plan to
effectively
prevent,
combat
and
investigate the identified threat.

Assess and monitor the impact of the
approved investigation strategy and
interdepartmental collaborative delivery
performance.

Operational implementation of Strategic
initiatives:
◦ Specialisation within the cyber forensic investigative
environment (investigations requires specialised
forensic skills);
◦ Capacity to source operational information and
create analytical/research capacity;
◦ Cooperate
and
coordinate
international role players;
◦ Identify and recognise
computers and networks;
with
cyber
local
intrusions
and
on
◦ Electronic Task Team (project management)
approach in addressing the identified threat (multi
skilled team approach-reducing reaction time in
attending to identified investigations);
◦ Combined investigative approach (two phased
investigative methodology-1.”follow the money”-2.
forensic system analysis);
◦ Investigative approach with specific focus on asset
restraint and forfeiture as a primary objective.
CONCLUSION

The South African Police Service has a
legal
obligation
to
address
the
manifestation of the identified cyber crime
phenomenon that poses a potential threat
to our democracy and South African
economy.