49 code, or command that results in unauthorised damage to a protected [under the Act] computer. 7.3.5 Botswana legislation, specifically the Telecommunications Act and the Botswana Telecommunications Corporation Act, prohibit interference with the networks. This legislation should be reviewed to ensure that it is sufficiently broad or, alternatively, these provisions should be superseded by more general legislation. 7.3.6 The model that should serve as the beginning of an examination of Botswana legislation in relation to cyber-crime is the Council of Europe Convention on Cybercrime,48 which came into force on 1 July 2004. Thirty-one countries, including South Africa, have signed the Convention; seven have ratified it. The Convention itself does not create substantive criminal law offences or set out detailed legal procedures. It deals with offences committed through the use of telecommunications networks, e.g., the Internet, such as illegal money transactions, offering illegal services, violations of copyright, and offences that violate human dignity and the protection of minors (see discussion, below, relating to inappropriate content). The Convention calls for the criminalisation of certain offences relating to computers, the adoption of procedural powers to investigate and prosecute cyber-crime, and the promotion of international cooperation through mutual legal assistance and extradition. 7.3.7 Domestic national legislation will be required to fully implement the Convention and the Convention does raise a number of issues that would require careful consideration and analysis before legislation is drafted. For example, the Convention requires mutual assistance among jurisdictions, a matter that is both laudable and necessary for effective enforcement in a globalised information economy. In particular, ratification of the Convention implies a requirement to ensure intercept capability in the domestic and international infrastructure, and search and seizure provisions that would allow for production orders and data preservation orders (discussed at greater length, below, dealing with “lawful access”). There are criticisms, however, that the Convention provisions might require assistance to investigate behaviour that is not criminal in the country being requested to cooperate. 7.3.8 The Australian Cybercrimes Act of 2001, for example, implements some provisions of the Convention following a review and creation of a Model Criminal Code. The Act creates offences for unauthorised access, 48 Conventions.coe.int/Treaty/en/Summaries/Html/185.htm

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