"subscriber
information" means any information, other than traffic or other data,
contained in the form of computer data or any other form, that is held by a
service provider and relating to any subscriber, by which can be established(a) the type of communication service used, the
technical provisions taken to use the communication service, and the period of
such communication service; or
(b) information available on the basis of a
service agreement or arrangement, including information on the site of
installation of communication equipment or information on the subscriber’s
identity, postal or geographical address or billing or payment information;
"telecommunication"
means a transmission, emission or reception of signs, signals, writing, images,
sounds or intelligence of any nature, by wire, radio, optical or other
electromagnetic systems, whether or not such signs, signals, writing, images,
sounds or intelligence have been subjected to rearrangement, computation or
other processes, by any means, in the course of their transmission, emission or
reception;
"traffic
data" means any data(a) that relates to communication by means of a
computer or computer system; and
(b) that is generated by a computer or computer
system that is part of the chain of communication; and
(c) that shows the communication’s origin,
destination, route, time, date, size, duration, or type of underlying service;
and
"underlying
service" means the type of service that is being used within a
computer or computer system.
[Ch0806s3]3. Jurisdiction
The
courts of Botswana shall have jurisdiction where an act done or an omission
made constituting an offence under this Act has been committed(a) in the territory of Botswana;
(b) by a national of Botswana outside the
territory of Botswana, if the person’s conduct would also constitute an offence
under the law of the country where the offence was committed and if the person
has not been prosecuted for the offence in that country;
(c) on a ship or aircraft registered in
Botswana;
(d) in part in Botswana; or
(e) outside the territory of Botswana and where
any result of the offence has an effect in Botswana.