Academic literature on the topic 'Electronic Communications and Transactions Act (ECTA)'
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Journal articles on the topic "Electronic Communications and Transactions Act (ECTA)"
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Nombulelo Queen Mabeka and Rushiella Songca. "An Overview of Statutes Relating to Civil Procedure in South Africa in Light of the Changes in Technology." Obiter 41, no. 4 (March 24, 2021): 685–703. http://dx.doi.org/10.17159/obiter.v41i4.10476.
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E-technology has fast become an acceptable and convenient method of communication and a prerequisite of business transactions globally. South Africa is no exception to the trend. While technological progress has facilitated rapid change in the way humans communicate and transact, South African law has not kept abreast of the swift transformation and growth in this sector. This lacuna is especially evident in the South African law of civil procedure, which regulates the civil process in South African courts. Although subject to regular amendment, it appears prima facie not to embrace advances in e-technology and their effect – or potential effect – on the legal process.Moreover, the existing corpus of legislation governing civil process appears to have disregarded the provisions of the Electronic Communications and Transactions Act (ECTA) to the extent that it already provides mechanisms for the use of e-technology. In South Africa, the law of civil procedure is regulated by statutes such as the Rules Board for Courts of Law Act, the Superior Courts Act, the Magistrates’ Courts Act, the Sheriffs Act, the National Credit Act, the Small Claims Court Act, and the Divorce Act, which inter alia regulate court process and ensure the fair administration of justice. The submission made here explores this indicated gap within selected legislation pertinent to civil procedure and postulates the effect of e-technology in the context of the abovementioned legislation.As an example, section 35 of the Superior Courts Act indicates that parties and witnesses must make a physical appearance in the court of issue. This provision, however, does not expressly allow for the use of video conferencing, which would enable witnesses to give evidence via e-technology, and thus allow parties to investigate and re-examine witnesses situated in any geographical location outside of court. Further, section 74Q of the Magistrates’ Courts Act makes it mandatory for garnishee orders to be served personally or by registered mail. This provision is not in line with developments in e-technology. Email, Facebook, or other digital means of service could facilitate the service of garnishee orders issued by magistrates’ courts more effectively and remove delays posed by slow postal delivery, and also inhibit the prohibitive cost of personal service. With this contribution, select statutory provisions are compared to ECTA provisions and specific e-technology laws so as to determine the extent of the gap in the implementation of e-technology within the sphere of civil process. The authors then provide insights into how the current civil law statutes could be amended in line with selected e-technology legislation discussed here.
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Mabeka, Nombulelo Queen. "An Analysis of the Implementation of the CaseLines System in South African Courts in the Light of the Provisions of Section 27 of the Electronic Communications and Transactions Act 25 of 2002: A Beautiful Dream to Come True in Civil Procedure." Potchefstroom Electronic Law Journal 24 (May 24, 2021): 1–31. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8707.
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The Electronic Communications and Transaction Act 25 of 2002 is an effective piece of legislation that strives to put South African law on the map of the evolving global world. However, some provisions have not yet been recognised in civil proceedings, particularly section 27 of the ECT Act. Although some rules attempt to embrace e-technology, such as Rule 4A of the Uniform Rules of Court, this is not sufficiently compliant with e-technology. The CaseLines system implemented by the judiciary seeks to enforce this section to a certain extent but a lacuna has been identified and must be modified. This article analysis the CaseLines system with reference to section 27 of the ECT Act and provides solutions and recommendations.
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Malatji, Masike, Annlizé L. Marnewick, and Suné von Solms. "Cybersecurity Policy and the Legislative Context of the Water and Wastewater Sector in South Africa." Sustainability 13, no. 1 (December 30, 2020): 291. http://dx.doi.org/10.3390/su13010291.
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The water and wastewater sector is an important lifeline upon which other economic sectors depend. Securing the sector’s critical infrastructure is therefore important for any country’s economy. Like many other nations, South Africa has an overarching national cybersecurity strategy aimed at addressing cyber terrorism, cybercriminal activities, cyber vandalism, and cyber sabotage. The aim of this study is to contextualise the water and wastewater sector’s cybersecurity responsibilities within the national cybersecurity legislative and policy environment. This is achieved by conducting a detailed analysis of the international, national and sector cybersecurity stakeholders; legislation and policies; and challenges pertaining to the protection of the water and wastewater sector. The study found some concerning challenges and improvement gaps regarding the complex manner in which the national government is implementing the cybersecurity strategy. The study also found that, along with the National Cybersecurity Policy Framework (the national cybersecurity strategy of South Africa), the Electronic Communications and Transactions Act, Critical Infrastructure Protection Act, and other supporting legislation and policies make provision for the water and wastewater sector’s computer security incidents response team to be established without the need to propose any new laws or amend existing ones. This is conducive for the immediate development of the sector-specific cybersecurity governance framework and resilience strategy to protect the water and wastewater assets.
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Swales, Lee. "An Analysis of the Regulatory Environment Governing Hearsay Electronic Evidence in South Africa: Suggestions for Reform – Part One." Potchefstroom Electronic Law Journal 21 (March 27, 2018): 1–30. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2916.
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The purpose of this two-part article is to examine the regulatory environment governing hearsay electronic evidence – with a view to providing clear, practical suggestions for regulatory reform in the context of the South African Law Reform Commission's most recent Discussion Paper on electronic evidence.
Technology has become an indispensable part of modern life. In particular, the internet has facilitated new forms of business enterprise, and shifted basic communication norms. From a legal perspective, technology has presented several novel challenges for courts and practitioners to deal with – one of these key challenges relates to electronic evidence, and in particular, the application of the hearsay rule to the digital environment.
The South African Law Reform Commission has identified the application of the hearsay rule as one of the core concerns with regard to electronic evidence and certain academic analysis has revealed inefficiency with the current legal position which may involve multiple sources of law. Moreover, the Law Society of South Africa has stated that there is some confusion amongst members of the profession in relation to hearsay as it applies to electronic evidence.
With the pervasive and burgeoning nature of technology and the internet in mind, it is natural to assume that electronic evidence will be relevant in most forms of legal proceedings in the future, and hearsay electronic evidence in particular will play an increasingly important role in years to come.
Consequently, this two-part article will seek to summarise and comment on the proposed anomaly with regard to the key definition insofar as electronic evidence is concerned – data messages – and discuss how the proposed version of the Cybercrimes and Cybersecurity Bill (B6-2017), read together with Electronic Communications and Transactions Act No. 25 of 2002 (ECT Act) will leave South Africa with conflicting definitions of this term.Â
Further, this article will analyse whether electronic evidence (data messages) can constitute hearsay within the meaning of section 3 of the Law of Evidence Amendment Act 45 of 1988; examine whether section 15 of the ECT Act should liberate electronic evidence from hearsay considerations; consider how real electronic evidence should be treated (as opposed to documentary hearsay evidence); consider the interaction of the statutory exceptions to the hearsay rule in the context of electronic evidence; analyse several analogous foreign jurisdictions – and consider how these jurisdictions treat hearsay electronic evidence; and finally, to conclude with several suggestions for law reform in the context of the SA Law Reform Commission Discussion Paper 131 Review of the Law of Evidence (2014).
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Šago, Dinka, and Marija Boban. "Značaj elektroničke komunikacije u sudskim postupcima s posebnim osvrtom na zemljišnoknjižne postupke." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 1 (2020): 329–49. http://dx.doi.org/10.30925/zpfsr.41.1.15.
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In this article the authors explore the topic of the use of information and communication technologies and electronic communication in court proceedings while giving an overview of the existing legislative framework governing this area with an analysis of their impact on the increasing scope of electronic business. The use of electronic data processing in the land register system is certainly a very demanding process not only in sense of financial, security question and technical sense, but also in the area of legal regulation of the process of electronic identification and conversion of land register in the electronic form. The paper outlines the most significant novelties enacted by the Land Registry Act in the year 2019 regarding the electronic operation of the electronic land register, as well as an overview of the provisions of the new Rulebook on electronic business of users and authorized users of the land registry system. The electronic processing of land registry data, and in particular rules on unrestricted access to land registry data through electronic communications, raises a number of issues of establishing an optimal balance in the protection of citizens interests and rights, and in particular the protection of electronic registry and citizens personal data. Unrestricted access to electronic land register contributes to a greater security of legal transactions and greater protection of enrolled holders of legal rights. On the other hand, it raises significant questions regarding the protection of constitutionally guaranteed constitutional rights.
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Swales, Lee. "An Analysis of the Regulatory Environment Governing Hearsay Electronic Evidence in South Africa: Suggestions for Reform – Part Two." Potchefstroom Electronic Law Journal 21 (March 27, 2018): 1–34. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4496.
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The purpose of this two-part article is to examine the regulatory environment governing hearsay electronic evidence in South Africa with a view to suggesting law reform in the light of the most recent proposals put forward by the South African Law Reform Commission.
Part one considered the definition of data messages in the context of hearsay electronic evidence and concluded that amendment is required (as suggested by the South African Law Reform Commission). Further, part one sought to answer two additional queries posed in Discussion Paper 131 Review of the Law of Evidence in relation to electronic hearsay, ultimately finding that a data message can constitute hearsay within the meaning of the applicable legislation; further, that South African law must distinguish between data messages produced substantially by a computer or mechanical process and those that rely substantially on the credibility of a person.
Part two of this article will review the statutory exceptions to the hearsay rules applicable to electronic evidence, including the controversial section 15(4) of the Electronic Communications and Transactions Act 25 of 2002. Further, part two will analyse the situation in selected foreign jurisdictions where hearsay electronic evidence has had more time to mature and develop (United Kingdom, Canada and United States) with a view to incorporating suggestions that South Africa can implement.
Finally, this article will conclude by providing suggestions for law reform in the context of the recommendations put forward by the South African Law Reform Commission, and will suggest that that there must be law reform in at least the following areas: the definition of data messages; the definition of the term document in the statutes applicable to the hearsay exceptions; a distinction between types of electronic evidence insofar as computer-generated evidence with human intervention, and without human intervention is concerned; and more cohesion and alignment with the statutory hearsay exceptions.
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Kabanda, Salah K., Irwin Brown, V. Nyamakura, and J. Keshav. "South African banks and their online privacy policy statements: A content analysis." SA Journal of Information Management 12, no. 1 (September 29, 2010). http://dx.doi.org/10.4102/sajim.v12i1.418.
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In Internet banking and Internet-related transactions, security and privacy are of great concern. To alleviate these concerns, the South African government has promulgated the Electronic Communications and Transactions (ECT) Act No. 25 of 2002. The Act regulates all electronic communication transactions in South Africa. Business organisations implement the Act by, for example, posting a privacy policy statement on their websites, which, in accordance with the requirements of the ECT Act, states how the organisation will use any personal identifiable information provided by the client. This study investigates whether South African banks that subscribe to the ECT Act comply with the principles relating to the protection of a consumer’s personal information. The study employed the research methods of content analysis and interviews. The findings indicate that some banks only complied with a few of the ECT Act principles, which, according to the interview respondents, undermines the levels of trust which are in play between their banks and themselves. The respondents themselves were not fully aware of all the ECT Act requirements. This lack of awareness results in consumers failing to assess the comprehensiveness of their bank’s policy statements and to what extent such banks comply with the ECT Act.
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Jan L Neels. "CONSUMER PROTECTION LEGISLATION AND PRIVATE INTERNATIONAL LAW." Obiter 31, no. 1 (September 17, 2021). http://dx.doi.org/10.17159/obiter.v31i1.12380.
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Although South African private international law is primarily based on bilateral and multilateral reference rules, the legislator in recent consumer protection legislation rather employs unilateral conflict rules by the identification of rules of immediate application and in the form of scope rules. The relevant provisions in the Electronic Communications and Transactions Act 25 of 2002, the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008 are discussed, together with the role that the traditional conflict rules still play. A new rule of private international law for consumer contracts is proposed; in this regard the principle of preferential treatmentwill play a role in the context of alternative reference rules.
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"Electronic communication in the construction industry." Journal of Engineering, Design and Technology 13, no. 1 (March 2, 2015): 74–93. http://dx.doi.org/10.1108/jedt-10-2013-0072.
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Purpose – The study aims to investigate how modern methods of communication within the construction industry have brought forth a new cognitive process that participants in this industry should undertake when communicating. Design/methodology/approach – To achieve the objectives of the study, a literature review was compiled on the legal status of electronic communication and what the impact of the Electronic Communications and Transactions (ECT) Act, Act 25 of 2002, has had on electronic communication. A questionnaire was also distributed to quantity surveyors to ascertain the level of knowledge with regard to the application of the ECT Act. Findings – The study found that participants are not familiar with the ECT Act and that it is highly advisable that parties to the agreement be made fully aware of how communications should be dealt with during the duration of the contract. Research limitations/implications – The study is restricted to the South African construction industry and construction contracts and a small target population of professional quantity surveyors practicing in the Gauteng Province. The results of the research will be taken as representative of the entire country. Practical implications – In the modern era, notifications are increasingly being communicated electronically, e.g. by electronic mail, linked computer networks, the Internet and cellular phones with appropriate media capabilities. Participants in the built environment must know how to correctly, effectively and legally, deal with this information revolution. Originality/value – Modern means of communication, including in particular electronic emailing, demand that users properly appreciate whether the chosen method of communication has a contractually binding and legally enforceable effect. Thus, in an ever-changing built environment, participants should not only dedicate more time to ensure that information conveyed does not have legal implications, except if so intended, but that the information conveyed is unambiguous, grammatically correct and formulated professionally. This article has value as it investigates how industry stakeholders perceive the legal status of electronic communication and recommends how it should be dealt with during the execution of the contract.
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Leander Kruger and Monray Marsellus Botha. "DEMANDING QUALITY SERVICE: AN EVALUATION OF THE WIRELESS APPLICATION SERVICE PROVIDERS ASSOCIATION (WASPA) CODE OF CONDUCT IN LIGHT OF THE CONSUMER PROTECTION ACT 68 OF 2008." Obiter 38, no. 2 (August 15, 2017). http://dx.doi.org/10.17159/obiter.v38i2.11451.
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Consumerism has been around for quite some time, giving rise to the need to protect consumers against exploitation by suppliers. In the South African context the impetus to extend protection to consumers of goods and services however only gained proper momentum at the beginning of the 2000s. The Electronic Communications and Transactions Act 25 of 2002 was introduced to provide protection in respect of online transactions. With the introduction of the National Credit Act 34 of 2005 that affords protection to consumers in the credit market as well as the Consumer Protection Act 68 of 2008 that affords protection to consumers in a wide variety of instances consumer protection in South Africa has eventually reached an acceptable level.The CPA, being the most recent in the aforementioned trio of consumer protection legislation, is a comprehensive piece of legislation that extends protection to South African consumers in a wide variety of matters, inter alia, providing them with rights in respect of defective goods, contract terms, franchise agreements, auctions, product liability and so forth. The CPA was signed into law by the President on 24 April 2009 and was put into effect incrementally. The general effective date of the CPA is 31 March 2011 and the regulations issued in terms of the Act were published on 1 April 2011.The fast-developing mobile (cellphone) industry, where products and services improve constantly, necessitates the forging of consumer–brand relationships in order to keep consumers brand loyal and thus to prevent them from switching to competing brands. The South African cellphone industry has been characterised by major growth and is regarded as being one of the fastest-growing industries on the African continent. The number of cellphone users has more than doubled from 12 million in 2005 to 28 million in 2011, constituting 82% of the adult South African population. Competition between cellphone brands has also increased as a variety of different cellphone handsets and smart phones have started entering the South African market, making them accessible and affordable to South African consumers, as well as making it easier to switch between brands. South Africa has shown rapid growth in the number of cellphone users, leading the market to reach saturation. This rapid growth has also led to major network congestion and subsequent service problems related to the South African cellphone service provider networks. Subsequently, customers are showing high levels of customer dissatisfaction, requiring service recovery strategies to be put in place to remedy the situation. As it is impossible for service providers to consistently meet and exceed customer needs, service providers need to determine what remedies customers anticipate when their expectations are not met and service failures occur. If service providers are unable to recover from service failures, service providers could experience detrimental results to their profitability and performance, which could furthermore lead to customers switching service providers and engaging in negative word-of-mouth. According to Bejou and Palmer, it is important for a service business to determine their customer types and how long customers have been dealing with them (consumption stage), as this will influence how customers will react when faced with poor service and service failures and how easily they will switch to a substitutable product and new service provider.This note will examine the right to fair value, good quality, and safety in respect of services provided by mobile “service providers” in South Africa with particular reference to the CPA as well as the WASPA Code of Conduct for the mobile service provider industry.
Dissertations / Theses on the topic "Electronic Communications and Transactions Act (ECTA)"
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Franks, Simone. "The Capricious Relegation Of Offers To Purchase To Invalid Electronic Transactions By The Legislature Of The Electronic Communications And Transactions Act No. 25 Of 2002." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4613.
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Van, Tonder Gert Petrus. "The admissibility and evidential weight of electronic evidence in South African legal proceedings: a comparative perspective." University of the Western Cape, 2013. http://hdl.handle.net/11394/4833.
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Magister Legum - LLMThis research will analyse legislation, case law, law commission papers and reports, as well as academic commentary on electronic evidence in South Africa, Canada and England. A comparative analysis will be conducted in order to determine whether South Africa is adequately regulating electronic evidence in light of international and foreign law.
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Janse, van Rensburg Wilmari. "The impact of electronic evidence in forensic accounting investigations / Wilmari Janse van Rensburg." Thesis, North-West University, 2014. http://hdl.handle.net/10394/11355.
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This study revolves around the admissibility of electronic evidence obtained during forensic accounting investigations. Electronic evidence is problematic for the forensic accountant, in that the courts have difficulties with the admissibility of electronic evidence. The research method used in this dissertation is a literature study or literature review.
Firstly, the study aims to define a forensic accountant. The need for the forensic accountant is determined, as well as the definition and the roles and responsibilities of the forensic accountant. The study further aims to establish how the forensic accountant is regulated in South Africa.
Secondly, this study aims to provide a historical overview of South African legislation that addresses electronic evidence. Applicable legislation is the Electronic Communications and Transactions Act 25 of 2002, the Criminal Procedure Act 51 of 1977, the Law of Evidence Amendment Act 45 of 1988, the Civil Proceedings Evidence Act 25 of 1965 and the repealed Computer Evidence Act 57 of 1983.
To determine the challenges that arise from electronic evidence, it is critical to understand how electronic evidence is classified in terms of the traditional forms of evidence. Documentary evidence, real evidence and evidence as the product of an apparatus, with specific reference to electronic evidence, is discussed for the purpose of this study.
Hearsay evidence, the originality of electronic evidence, as well as the authenticity and reliability of electronic evidence hamper the admissibility of electronic evidence. The impact of legislation on the aforementioned difficulties is considered in this study.
The problematic nature of electronic evidence already creates challenges during legal proceedings. The forensic accountant can follow certain steps and procedures to better the chances of the admissibility of electronic evidence. This study establishes how electronic evidence should be gathered, stored and analysed by the forensic accountant in order to be admissible legal proceedings.
Lastly, this study aims to determine how the UNCITRAL model, on which the Electronic Communications and Transactions Act 25 of 2002 has been based, compares to the act (25 of 2002) itself. The legislation addressing electronic evidence in Canada and Australia is also considered.MCom (Forensic Accountancy), North-West University, Potchefstroom Campus, 2014.
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Potgieter, Johanna Maria. "The importance of the concept of "functional equivalence" for the South African approach to form and writing / J.M. Potgieter." Thesis, Potchefstroom University for Christian Higher Education, 2002. http://hdl.handle.net/10394/9279.
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Elektroniese kommunikasie en handel is 'n verskynsel wat eksponensieel
toegeneem het oar die laaste dekade saammet die ontwikkeling en
uitbreiding van die Internet. Ten einde kompeterend te wees in die
internasionale arena is dit belangrik dat Suid-Afrika 'n klimaat skep waarin
elektroniese handel kan floreer.
Daar bestaan egter die perspesie dat die huidige regsbedeling onvanpas en
onvoldoende is om die kwessies wat ontstaan as gevolg van elektroniese
handel te kan hanteer. In 1996 het die kommissie van die Verenigde Nasies
gemoeid met internasionale handel, UNCITRAL die Mode/wet oor
Elektroniese Handel gefinaliseer. Sederdien is die Modelwet opgeneem in
wetgewing of het wetgewing be"invloed in verskeie Iande.
Een van die onderliggende beginsels waarop die Mode/wet gebaseer is, is
"funksionele gelykheid" ten einde met snel veranderende tegnologie tred te
hou. Hierdie beginsel behels dat in ons soektog na regsoplosssings, papiergebaseerde
oplossings nie netso nageboots moet word nie maar dat daar
eerder gestreef word na ekwivalente regsoplossings binne die tegnologies
raamwerk.
Die Wet op Elektroniese Kommunikasie en Transaksies is die SuidAfrikaanse
antwoord op hierdie internasionale verwikkelinge. Die oogmerk
van hierdie skripsie is om artikels 11 tot 13, 18 en 19 van die Wet te
bestudeer en te vergelyk met die Mode/wet. Verder om te ondersoek tot
watter mate die doelwitte van die Groenskrif behaal is en in welke mate die
Wet die behoeftes van die breer gemeenskap aanspreek, soos dit blyk uit
die kommentaar op die Groenskrif. Die Suid-Afrikaanse benadering is gebaseer op internasionale voorbeelde en afwykings daarvan word ook
bespreek.
Hoewel die persepsie bestaan dat die Suid-Afrikaanse reg nie toegerus is
om die veranderings te kan hanteer nie, is dit meerendeels net 'n persepsie.
Suid-Afrika beskik oor 'n inherent aanpasbare gemenereg. In my opinie,
sou opskrifstelling in 'n elektroniese omgewing nie 'n probleem geskep het
binne die gemenereg nie. Dit blyk dat meer onsekerheid oor die aard van
handtekeninge bestaan. Dit is waarskynlik dat gevorderde elektroniese
handtekeninge (soos in die Wet bespreek) in ieder geval erken sou word.
Die nuwe Suid-Afrikaanse Wet oor elektroniese handel ruim egter enige
onsekerheid uit die weg.
Die Suid-Afrikaanse Wet maak gebruik van verskeie internasionale bronne
maar die UNCITRAL Modelwet dien as vertrekpunt. Daar blyk
eenstemmigheid in Amerika, die Europese Unie en Australie te wees dat
"funksionele gelykheid" die beste manier is om veranderende tegnologie te
hanteer.
Die beginsel van "funksionele gelykheid" is die goue draad wat deur nie
aileen die UNCITRAL Mode/wet maar ook deur die Suid-Afrikaanse
wetgewing geweef is. Die Suid-Afrikaanse wetgewing voeg verskeie
beskermingsmeganismes ten einde verbruikers te beskerm teen die gevare
van 'gesiglose handel'.
Elektroniese skrif word as die ekwivalent van skrif op papier erken. SuidAfrikaanse
wetgewing identifiseer die volgende basiese funksies van
handtekeninge, naamlik: • Om die persoon te identifiseer; en • Om die persoon se goedkeuring van die inligting te kommunikeer. 'n Addisionele vereiste dat elektroniese handtekeninge so betroubaar as
wat gepas was onder die omstandighede moet wees, word bygevoeg.
Suid-Afrikaanse wetgewing spreek oak die kwessies van notariele parktyk,
oorspronklikes, sertifisering en geregistreerde pas aan.
In geheel behoort die bepalings rakende vormvereistes positief ontvang te
word in die mark aangesien "funksionele gelykheid" behoorlik
geimplementeer word en 'n juiste basis is.Thesis (LL.M. (Import and Export Law))--Potchefstroom University for Christian Higher Education, 2003
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De, Villers Mare Ray. "Consumer protection under the Electronic Communications and Transactions Act 25 of 2002." Thesis, 2009. http://hdl.handle.net/10210/1848.
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Murphy, Brenda. "Electronic commerce regulation in South Africa : an analysis of the effectiveness of Chapters 5, 10 and 12 of the South African Electronic Communications and Transactions Act No. 25 of 2002." 2004. http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=95116&T=F.
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Geissler, Michelle Lara. "Bulk unsolicited electronic messages (spam) : a South African perspective." Thesis, 2004. http://hdl.handle.net/10500/1141.
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In the context of the Internet, spam generally refers to unsolicited and unwanted electronic messages, usually transmitted to a large number of recipients. The problem with spam is that almost all of the related costs are shifted onto the recipients, and many of the messages contain objectionable content.
Spam has become a significant problem for network administrators, businesses and individual Internet users that threatens to undermine the usefulness of e-mail. Globally, spam spiralled to account for over 60% of all e-mail near the end of 2004. It is a problem that costs the global economy billions of dollars a year in lost productivity, anti-spam measures and computer resources. It has forced governments to enact legislation against the problem and it has prompted the development of numerous technical countermeasures.
Spam can only be defeated by a combination of legal measures, informal measures (including self regulation and social norms), technical measures and consumer education.
Because spam is a relatively recent and evolving problem, the application of various common law mechanisms are explored, including the law of privacy and the law of nuisance. Various constitutional concerns may also arise in the context of spam, and the right to freedom of expression must be balanced against other competing rights and values, including the right to privacy.
Comparative legislation is examined, because it is important to recognise trends in spam legislation in other jurisdictions so as to ensure a measure of interoperability with those laws. The practical difficulties in identifying spammers, and the lack of jurisdiction over offshore offenders affect the practical implementation of the current protection offered by the ECT Act.
In conclusion, this thesis identifies the need for direct anti-spam legislation in South Africa, and suggests various clauses that will need to be catered for in the legislation. It is submitted that "opt-in" legislation should be preferred over "opt-out" legislation. It is further submitted that a definition of spam should be based on the volume and indiscriminate nature of the e-mail, and not only on whether the communication was commercial. Therefore, a definition of bulk unsolicited e-mail is proposed.Criminal & Procedural Law
LLD
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Perlman, Leon Joseph. "Legal and regulatory aspects of mobile financial services." Thesis, 2012. http://hdl.handle.net/10500/13362.
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The thesis deals with the emergence of bank and non-bank entities that provide a range of unique
transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked,
underserved and underbanked persons via mobile phones.
Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and
independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’
services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’
services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services
are provided through ‘agents.’
Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a
Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile
‘airtime’-based Store of Value.
The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed,
in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and
consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that
entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the
traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric
MFS rises to the ‘business of banking.’
An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is
undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be
deemed ‘money’ in law.
Consumer protection for MFS and payments generally through current statute, contract, and payment law
and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in
South African law is discussed.
The legal and regulatory regimes in the European Union, Kenya and the United States of America are
compared with South Africa. The need for a coordinated payments-specific law that has consumer
protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a
regulator for retail payments is recommended. The use of trust companies and trust accounts is
recommended for protection of user funds.
| viPublic, Constitutional and International Law
LLD
Books on the topic "Electronic Communications and Transactions Act (ECTA)"
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Murphy, Brenda. Electronic commerce regulation in South Africa: An analysis of the effectiveness of Chapters 5, 10 and 12 of the South African Electronic Communications and Transactions Act No. 25 of 2002. 2004.
Find full textBook chapters on the topic "Electronic Communications and Transactions Act (ECTA)"
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Mariano, Vicente D. "Introducing Electronic Governance in the Philippines." In Encyclopedia of Developing Regional Communities with Information and Communication Technology, 468–70. IGI Global, 2005. http://dx.doi.org/10.4018/978-1-59140-575-7.ch082.
Full textAbstract:
The Philippines has recently identified five key reform packages where information and communications technology (ICT) will play a key role: job creation through economic growth, anti-corruption through good government, social justice and basic needs, education and youth opportunity, and energy independence and savings (Patricio, 2004). Such an important role of ICT can be seen in terms of the signing of the Electronic Commerce Act of 2000, or the E-Commerce Act in June 2000. The law mandates all government agencies to adopt electronic means in their transactions within a period of two years (2000) of its signing.
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Mariano, Vicente D. "Introducing Electronic Governance in the Philippines." In Global Information Technologies, 370–73. IGI Global, 2008. http://dx.doi.org/10.4018/978-1-59904-939-7.ch030.
Full textAbstract:
The Philippines has recently identified five key reform packages where information and communications technology (ICT) will play a key role: job creation through economic growth, anti-corruption through good government, social justice and basic needs, education and youth opportunity, and energy independence and savings (Patricio, 2004). Such an important role of ICT can be seen in terms of the signing of the Electronic Commerce Act of 2000, or the E-Commerce Act in June 2000. The law mandates all government agencies to adopt electronic means in their transactions within a period of two years (2000) of its signing.