The long awaited Electronic Communications and Transactions (ECT) Bill is scheduled to be tabled in parliament today.
The 100-page Bill covers a great deal of territory in an attempt to bring South African legislation into the Internet era in a single document, but has already stirred up a great deal of controversy.
If accepted, the bill will almost immediately give legal recognition to e-mail and digital signatures, provide consumer protection in e-commerce transactions and formally criminalise several types of cybercrime.
These provisions have been hailed for their ability to advance Internet use, and the associated cost savings, in all forms of business. But other provisions include full government control of the .za domain name space and the further ability to take control of what it deems to be "critical databases".
Under the latter the Minister of Communications will have the power to declare data seen as "of importance to the protection of the national security of the Republic or the economic and social well-being of its citizens" to be critical. Once that is done the government will have the right to prescribe how such data must be managed and controlled.
Also likely to draw fire is a provision making it illegal to provide cryptography services or products without registering with the Department of Communications, and the creation of a cyber inspectorate with the powers of search and seizure entirely controlled by the Department.
The Bill also takes the first steps toward e-government by allowing public bodies to accept and issue electronic documents instead of dealing solely with paper. Yet the Bill itself, although now open to public inspection, not officially available online. Communications Minister Ivy Matsepe-Casaburri said the draft document would be published on a government website by mid-February, but neither her department`s website nor the broader gov.za site yet boasts a copy.
The period for public comment on the Bill closes on 20 April. A number of bodies, such as Internet Society and Cape Telecommunications Users Forum, have indicated that they intend to take issue with the document. The Internet Service Provider`s Association yesterday welcomed the Bill. While it said it had concerns about certain areas, it applauded the limitation of liability for service providers.
The Bill, as supplied by the Department of Communications, can be downloaded from ITWeb here.
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