9
spectrum; and reviewing the policy of banning the use of Voice
Over IP;
¾
Lack of specific legislation and an independent organisation to
deal with competition issues; rationalisation of powers and authority of
proposed Competition Authority with powers and authority of the
Botswana Telecommunications Authority to deal with anti-competitive
conduct in the telecommunications industry;
¾
Lack of comprehensive legislation to deal with data crimes, such
as interception, modifications of data, data theft or trafficking in digital
signatures or domain names. Current legislation dealing with
pornography or undesirable content may not be adequate to cover such
matters as “exporting” child pornography through the Internet. “Lawful
access” provisions dealing with how law enforcement and security
authorities deal with access to information in the course of investigations
may be required to provide assurances of a fair process that international
investors and users would expect;
¾
Lack of legislation to deal with e-commerce by providing the
same protective legal infrastructure that exists for paper-based
transactions. Electronic signatures are an integral part of an
authentication scheme and legislation dealing with electronic signatures,
as well as the institutional capacity to deal with the recognition and
approval of Certificate Authorities, will be required;
¾
The Botswana Consumer Protection Act does not explicitly deal
with electronic commerce. As well, there are no programmes or policies
in place to educate consumers about e-commerce or increase business
and consumer awareness of a consumer protection framework for online activities. An additional element is the capacity to co-ordinate
enforcement and investigation activities with other jurisdictions dealing
with cross-border frauds or other illegal transactions;
¾
Lack of comprehensive legislation to deal with the protection of
personal privacy and personal data. In particular, a legal regime that will
satisfy the requirements of the European Union Directive on the
Protection of Individuals with Regard to the Processing of Personal
Data and the Free Movement of Such Data will be required if Botswana
is to become a financial services centre or other base where data is
imported in the course of doing business.
¾
Lack of comprehensive legislation to deal with access to
government information by citizens, which is the other side of the right
to privacy. Among the major objectives identified for the Botswana ICT