![]() This is a definition for the legal experts to determine.Īs used in this document refers to, ‘a signature in electronic form in, or attached to, or logically associated with, a data message, and used by or on behalf of a person with the intent to identify that person and to indicate that person’s approval of the contents of the data message’. The question may be asked as to when is a document deemed to be in the public domain (Government Gazette, media, web site, provision on request)? It is assumed to be information that, is open to, may be used by, and may be shared by, everyone in the community. ![]() It is suggested that the term ‘public domain’ be defined. communications’ be deleted and incorporated into the definition of ‘information service systems’. It is suggested that the phrase ‘or otherwise. Internet and WAP communications should fall under the definition of information system services. it is suggested that future confusion be avoided, by simply defining this most necessary concept. The loose usage of person with the odd natural is confusing, particularly in that listed companies appear to be excluded by omission or intentionally, and if so, the reason is not clear. Provisions should be made for where originators are other computers, i.e. it is important, so as to avoid future costly and unnecessary litigation in having to employ the courts to provide us with the said definition, that such uncertainty be addressed at this stage. the word is so vague that a reasonable man may not be able to determine to some degree of certainty what it means. Uncertainty presented by the word "intangible" in the above definition. further, when one uses data networks for voice it is in essence something equivalent to an e-mail, but telephone is the same technology, does that fall under the definition, so the legislature may wish to look at voice and state what it includes. refer to "stored data", but electronic only – how should it be read regarding i.e. Accordingly more generic definitions are suggested, i.e. ![]() ![]() It is felt that data message goes to the root of the bill and should be considered with greater care, as the definitions listed are narrow and potentially exclusionary. ![]() are any dates to apply as to date of storage or retrieval and if so, when? It is suggested that this definition be re-considered and that transparency as suggested in the constitution be adhered to.ĭoes this make provision for instances where information was scanned and stored on microfiche where the originals have been destroyed? What is the situation regarding scanned documents prior to this Bill, i.e. It is not understood why legal persons are excluded as such entities regularly partake in e-commerce and it is suggested that legal persons be included in this definition. It is suggested that the plural be provided for as especially e-mails are often addressed to more than one person. The Bill under discussion clearly did not purport to address all outstanding issues relating to modern technology and certain omissions in the Bill will require attention from the legislator in the near future. It is recognised that the Electronic Communications and Transactions Bill tabled by the Minister of Communications is intended to become a facilitating Act to harness modern technology into legally acceptable parameters. SABC is South Africa’s national public service broadcaster employing approximately 3 500 peopleĪfricaBio COMMENTS ON ELECTRONIC COMMUNICATIONS AND TRANSACTIONS BILL ![]()
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