MAKERERE UNIVERSITY

SCHOOL OF LAW

UNIVERSITY EXAMINATIONS

ACADEMIC YEAR 2015/2016 – SEMESTER II

END OF SEMESTER EXAMINATION FOR THE DEGREE OF

BACHELOR OF LAWS

L4219 – COMPUTERS AND THE LAW

DATE: Wednesday, May 25, 2016 Time: 2:00 P.M – 5:30 P.M (3 ½ Hours)
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Instructions:
1. This examination is OPEN BOOK. Students may bring any books they
choose into the examination room, and may consult them at any time during
the course of the examination. Students may use written notes and outlines
prepared before the examination by themselves.

2. Candidates must answer only FOUR questions.

3. Attempt TWO questions from Each Section.

4. All Questions carry equal marks.

5. Use only ONE ANSWER BOOKLET of 16 pages.

6. Clarity of argument, proper use of authorities and innate intelligence will

attract extra marks.
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SECTION A
Question One

Between February 18 – 22 and May 12 – 16, 2016, the Government of Uganda

through its agency – the Uganda Communications Commission (UCC) – ordered
Internet Service Providers (ISPs) to block access to Facebook, Whatsapp and Twitter
via handled devices which UCC said was ordered by security organs. A few
Ugandans managed to access the social media using the Virtual Private Network
(VPN) but the majority failed to access this network as the government threatened to
clamp down on those who ‘by-passed’ the blockage of the social media.

Hon. Caroline Maria Nakayiza is the newly sworn in National Female Youth Member
of Parliament (MP) whose constituency is largely comprised of the most active
Internet users in the country. The MP is worried that if not addressed, the government
will continue to block access to the social media even in future. She too has been

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accosted by her fellow youth over the matter since she won her MP seat. If the worst
comes to the worst, the MP is considering suing the government for blocking Internet
access in both February and May, 2016 and to prohibit it (government) from doing so
in future.

However, on consulting the course lecturer handling the topic “Internet and the Law”
in the course unit “Computers and the Law” at Makerere University School of Law,
the MP has been advised that you are such a brilliant law student who is very
knowledgeable on the issues raised above.

(a) Using statutory and case law, prepare a comprehensive and well thought
out legal opinion addressing the major issues that are involved in Internet
access and regulation based on the above scenario. (15 marks)
(b) Draw the necessary document(s) to ‘effect’ the MP’s threats above. (10
marks)

Question Two
Discuss the adequacy and appropriateness of the Data Protection and Privacy Bill,
2015. (25 marks)
Question Three

Either:
“The relationship between computer technology and intellectual property is a
complicated issue and a huge number of theoretical and practical problems arise in
relation to it.” Per PAUL TORREMANS, INTELLECTUAL PROPERTY LAW, 3RD EDITION,
(1995), AT 522.

Critically examine the above statement based on your understanding of the

protection of rights of computer applications under Ugandan law. In your answer,
make specific reference to the relevant law and the extent to which it addresses the
concerns raised by the statement. (25 marks)

Or:
Write short, concise notes (of at least one page) on any THREE of the following
demonstrating their continued relevance to the study of computers and the law in
Uganda.

(a) Hesse Brian v. Senyonga Patrick & 12 Ors High Court (Commercial Division)
Civil Suit No. 612 0f 2014; (8 marks)

(b) Commodity Export International Ltd & Anor v. MKM Trading Co. Ltd & Anor
Court of Appeal Civil Appeal No. 84 of 2008; (8 marks)

(c) Asege Winnie v. Opportunity Bank (U) Limited & Maad Limited High Court
(Commercial Division) Civil Suit No. 756 of 2013; (8 marks)

(d) Digital Solutions Ltd. v. MTN Uganda Ltd. (Mis. App. No. 546 of 2004
Arising out of Misc. Cause No. 570 of 2004); (8 marks)
(25 Marks)

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 SECTION B
Question Four
The Computer Misuse Act was introduced to allow the prosecution of people who
accessed computer systems without authorisation, or used computer enabled devices
to commit crimes.
State and give an example of each of the offences covered by the Computer Misuse
Act 2011. (25 marks)
Question Five
In the run up to the February 2016 presidential elections, the Ugandan government
ruthlessly clamped down on civil liberties and closed down the space for critical
public reporting and debate on issues of public interest. Government was determined
to silence specific individuals for voicing views deemed critical to ruling party
officials. Opposition sympathisers were targeted and some were reported missing or
dead. Chris Anglo, a blogger and ardent social media devotee circulated pictures of
what looked like a decomposing body of Shark Aine, a personal aide to John Patrick
Mugulusi, a candidate in the presidential race. Aine had been previously reported
missing. The pictures circulating on social media platforms created a state of fear
among opposition supporters, as Government denied involvement in his death and
insisted the search for his whereabouts was ongoing. Opposition chiefs demanded an
explanation as to the whereabouts of Aine, accusing government of foul play and
dishonesty.
In a surprising twist of events, the supposedly dead Aine resurfaced in the company of
a top Government official, shading light on his whereabouts and disclosing his
hideout in the period of his search, henceforth dispelling rumours of his death.
Chris Anglo is wanted for his social media postings, accused of terrorism and
computer misuse. Government has consistently made it clear that the right to freedom
of expression is not absolute and can be restricted in exceptional circumstances.
Chris Anglo is also suspected to be the anonymous Tom Voltaire Okwalinga (alais
TVO) who hacked into Government computers in October 2015 and disclosed highly
confidential and sensitive information, providing an insight into the hitherto secret
activities of Government. He is also accused of maliciously, and repeatedly using
electronic communication to harass the officer investigating him and constantly
reminding the officer that he is treading dangerous grounds as he is highly connected
to external security forces that can ‘finish him’. Government fears that if Chris Anglo
is not held liable for his actions, the country’s security will be compromised.
In a comprehensive memorandum, discuss the legal issues involved. (25 marks)

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