38 business security systems and risk assessments and risk management can be judged. 5.3.4 Cryptography is an important component of secure information and communications systems and is an effective tool for ensuring both the confidentiality and the integrity of data. However, the widespread use of cryptography can raise several concerns. While cryptography has many legitimate and necessary uses and its use is promoted by privacy advocates, it can also facilitate illegal activity and affect public safety and national security. Governments, including the Government of Botswana, therefore face a challenge in balancing the various interests in developing policies and legislation to deal with the use and promotion of cryptography. 5.3.5 The OECD has set out Guidelines for Cryptology Policy33 that are intended to promote the use of cryptology and foster confidence in information and communications infrastructures, networks, and systems. At the same time, there is no intention that cryptography will unduly jeopardise public safety and law enforcement. The balancing of interests is recognised through such principles as the right to secrecy of communications (Principle 5) while noting that national cryptography policies may allow for lawful access to plaintext, or cryptographic keys, of encrypted data (Principle 6). In addition, governments should cooperate to coordinate cryptography policies and avoid creating barriers to trade in the name of cryptography policy (Principle 8). Users should have a choice of cryptographic methods, which should be developed in response to market needs. The liability of individuals or entities that offer cryptographic services or hold or access cryptographic keys should be clearly stated. 5.3.6 Partly in response to the OECD work and the EC initiatives and partly in response to the development of a mature global electronic environment, a number of countries are developing policies and legislation dealing with cryptography and on-line privacy.34 A fully developed policy environment for Maitlamo should deal with the issue and provide appropriate policy guidance. Cryptography issues that specifically relate to digital signatures will be discussed, below. 33 www.usdoj.gov/criminal/cybercrime/oeguide.htm. Adopted by the Council of the OECD on 27 March 1997. See also, OECD Guidelines for Cryptography Policy: Report on Background and Issues of Cryptography Policy; www.usdoj.gov/criminal/cybercrime/oeback.htm. 34 For example, Canadian Task Force on Electronic Commerce, A Cryptography Policy Framework for Electronic Commerce: Building Canada’s Information Economy and Society;

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