2 August 1999
From: "Johann Bezuidenhoudt" <sjb@iafrica.com> To: ukcrypto@maillist.ox.ac.uk Date: Tue, 3 Aug 1999 02:09:55 +2:00 Subject: South Africa launches e-commerce debate The South African Government launched their e-commerce discussion paper on 29 July 1999. It raises the policy issues that need to be considered during the debate. Relevant information can be found at: http://www.ecomm-debate.co.za/ The approach differs from that of the UK. Participants on this list might find the SA process of interest: 0- the intent is to have a co-ordinated participatory process with sufficient time allowed for appropriate debate. Policy issues have been raised and solutions are being sought as part of the process. o Discussion Document - July 1999 o Green Paper - February 2000 o White Paper - October 2000 o Legislation - March 2001 1- e-commerce is seen as a way for the developing economy of SA to compete on a more level playing field with the more developed economies. 2- there is a concerted aim that e-commerce benefit ALL who live in SA. 3- encouragement of public, private sector and civil society participation is proposed. 4- the SA constitution provides many individual protections such as the right to privacy as well as the right to access information for the exercise or protection of rights. SA does not have an equivalent of a Data Protection Act. 5- wrt the TTP/escrow/weak crypto debate the issues are raised for discussion. For the crypto/escrow debate folk - WRT to strong crypto there is an indication that 'It may be appropriate, however, for the government to consider certain limits and requirements for encryption, such as restrictions on the complexity of encryption.' There is little said relative to the need for strong crypto for proper authentication and binding legal enforceability (electronic evidence and signatures) which IMHO takes precedence here. Of interest is the fact that the following are not raised / covered fleetingly: - Digital Identity - principles, processes and responsibilities - The International dimension of e-commerce and the large proportion of SA e-commerce transactions that actually occur across SA's borders and will require internationally based agreements for the protection of merchants and customers (and not just the tax and law enforcement authorities). - Anonymity (or otherwise) - International standard pressure - ie if the US adopts X then it is likely that most will use X worldwide, irrespective of national standards. To date an industry lobby group - the Electronic Commerce Association (www.ECASA.org.za) has been formed to channel industry comment to the Government. An equivalent to FIPR does not exist. For those who are interested and are looking for further information the detailed documents can be found at: http://www.ecomm-debate.co.za/docs/index.html o The discussion paper (full document) o Report on e-commerce - Legal Issues Johann S Johann Bezuidenhoudt - tel +27 83 200 3000 http://users.iafrica.com/s/sj/sjb