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have the capability to be intercepted and sets out what costs are to be
borne by the service providers, who must establish “interception
centers,” Certain cryptography technology is permitted. The Act has
been subject to criticism as being too broad, intrusive and without
sufficient provisions for oversight.
7.3.25 Botswana’s legal and regulatory structure dealing with privacy, data
protection, and data security should also take into account the growing
problem of data theft. Countries with high levels of credit card use are
particularly concerned about this emerging problem, but Botswana’s
aspirations to be a financial services centre and a centre for tourism will
require that consumers and businesses have assurances that their
personal and financial information will not be used or “stolen” for
unauthorised use.
7.4
Recommendations:
- The Attorney General’s Chambers in consultation with stakeholders
such as the Directorate on Corruption and Economic Crime, the Law
Society, the Bank of Botswana, the Botswana Stock Exchange, the
Botswana Telecommunications Authority, Internet Service Providers
and the Botswana Telecommunications Corporation and other
telecommunications service providers, review the Penal Code,
taking into account such examples as the EU Convention on CyberCrime, to ensure that adequate legislative criminal law authority
exists to deal with such matters as:
o Content-related crimes, such as child pornography disseminated
through the Internet by users within Botswana
o Illegal access to data and computer systems
o Recognition of the value of data
o Misuse of devices that can be used for illegal access or
manipulation of data and computers systems
o Cooperation with foreign authorities to deal with enforcement of
extra-territorial criminal activity, including child pornography
-
The Ministry of Communications, Science and Technology, in
consultation with the Botswana Telecommunications Authority, the
Botswana
Telecommunications
Corporation
and
other
telecommunications service providers, the Internet Service
Providers, Internet Content Hosts, the Botswana Police, the
Directorate on Corruption and Economic Crime, and the Ministry of
Trade and Industry, the Ministry of Education, the Law Society,
groups representing arts and entertainment industries, and civil
liberties groups explore:
o Fostering a vibrant and cohesive industry organisation of Internet
Service Providers and Internet Content Hosts who can work