GOVERNMENT GAZETTE, 23708 68 No. Act No. 25,2002 2002 2 AUGUST ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 (6) the obligation of a service provider acting as such under a licensing or other regulatory regime established by or under any law; ( c ) any obligation imposed by law or by a court to remove, block or deny access to any data message; or (d) any right to limitation of liability basedonthecommon law or the Constitution. - 5 CHAPTER XI1 CYBER INSPECTORS Appointment of cyber inspectors 80. (1)The Director-General mayappoint any employee of the Departmentas a cyber inspector empowered to perform the functionsprovided for in this Chapter. (2) A cyber inspectormust be provided with a certificateof appointment signed by or on behalf of the Director-General in which it isstated that he or shehas been appointed as a cyber inspector. (3) A certificate provided for in subsection (2) may be in the form of an advanced electronic signature. (4) When a cyber inspector performs any function in terms of this Act, he or she must(a) be in possession of a certificate of appointment referred to in subsection (2); and (b) show that certificate to any person who(i) is subject to an investigation or an employee of that person; or (ii) requests to see the certificate. ( 5 ) Any person who(a) hinders or obstructsa cyber inspectorintheperformance of his or her functions in terms of this Chapter; or (b) falsely holds himself or herself out as a cyber inspector, is guilty of an offence. 10 15 20 25 Powers of cyber inspectors 81. (1) A cyber inspector may(a) monitor and inspect any web site or activity on an information system in the public domain and report any unlawful activity to the appropriate authority; (b) in respect of a cryptography service provider(i) investigate the activities of a cryptography service provider in relation to its compliance or non-compliance with the provisions of this Act; and (ii) issue an order in writing to a cryptography service provider to comply with the provisions of this Act; ( c ) in respect of an authentication service provider(i) investigate the activities of an authentication service provider in relation to itscompliance or non-compliance with the provision's of this Act; (ii) investigate the activities of an authentication service providerfalsely holding itself, its products or services out as having been accredited by the Authority or recognised by the Minister as provided for in Chapter VI; (iii) issue an order in writing to an authentication service provider to comply with the provisions of this Act; and (d) in respect of a critical database administrator, perform an audit as providedfor in section 57. (2) Any statutory body, including the South African Police Service, with powers of inspection or search and seizure in terms of any law may apply for assistance from a cyber inspector to assist it in an investigation: Provided that- 30 35 40 45 50