provision, placing an obligation upon the perpetrator to disclose information
necessary to render the evidence intelligible.
Laws permitting law enforcement interception of communications in the course of a
criminal investigation are generally already present in most jurisdictions; however,
such laws may require review and amendment to reflect modern communication
techniques. In particular, obligations may need to be placed upon telecommunication
providers to assist law enforcement agencies in obtaining access to both stored data
and data in the course of transmission.
The Task Force recommends the following:
2.4
•
That Partner States undertake reform of substantive and procedural
criminal laws to address the phenomenon of computer crime.
•
That the EAC Secretariat considers the possible role of the Court of
Justice in addressing the multi-jurisdictional nature of computer crime
and the adoption of common criminal procedures within the EAC.
•
That Partner States give due consideration to the wording and provisions
of the Council of Europe Convention on Cybercrime (2001)6.
•
That the EAC Secretariat and the Partner States examine the possibility
of acceding to the Council of Europe Convention on Cybercrime (2001)7
(R.17).
Consumer Protection
Existing consumer protection laws will often encompass Internet-based transactions
without the need for amendment; while consumer protection measures addressing
such transactions only make sense within a broader consumer protection framework.
The objective of consumer protection rules in a cyberspace environment should be to
facilitate eCommerce, from a demand-side, by engendering trust among consumers
and thereby encouraging them to enter into online transactions. However, the
imposition of substantial additional obligations upon online vendors should avoid
becoming a legal obstacle to the provision of transactional activities.
The following measures have been widely adopted internationally to provide a clear
level of protection for consumers in a cyberspace environment:
•
6
7
Information requirements – Vendors should be obliged to make readily
available to consumers a range of information concerning the identity of
the vendor, the nature of the transactions, the process by which the
transaction is entered into and all the associated costs to be paid by the
consumers, including applicable taxes and delivery costs.
See Annex II.
See Article 37, ‘Accession to the Convention’.
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