9 spectrum; and reviewing the policy of banning the use of Voice Over IP; ¾ Lack of specific legislation and an independent organisation to deal with competition issues; rationalisation of powers and authority of proposed Competition Authority with powers and authority of the Botswana Telecommunications Authority to deal with anti-competitive conduct in the telecommunications industry; ¾ Lack of comprehensive legislation to deal with data crimes, such as interception, modifications of data, data theft or trafficking in digital signatures or domain names. Current legislation dealing with pornography or undesirable content may not be adequate to cover such matters as “exporting” child pornography through the Internet. “Lawful access” provisions dealing with how law enforcement and security authorities deal with access to information in the course of investigations may be required to provide assurances of a fair process that international investors and users would expect; ¾ Lack of legislation to deal with e-commerce by providing the same protective legal infrastructure that exists for paper-based transactions. Electronic signatures are an integral part of an authentication scheme and legislation dealing with electronic signatures, as well as the institutional capacity to deal with the recognition and approval of Certificate Authorities, will be required; ¾ The Botswana Consumer Protection Act does not explicitly deal with electronic commerce. As well, there are no programmes or policies in place to educate consumers about e-commerce or increase business and consumer awareness of a consumer protection framework for online activities. An additional element is the capacity to co-ordinate enforcement and investigation activities with other jurisdictions dealing with cross-border frauds or other illegal transactions; ¾ Lack of comprehensive legislation to deal with the protection of personal privacy and personal data. In particular, a legal regime that will satisfy the requirements of the European Union Directive on the Protection of Individuals with Regard to the Processing of Personal Data and the Free Movement of Such Data will be required if Botswana is to become a financial services centre or other base where data is imported in the course of doing business. ¾ Lack of comprehensive legislation to deal with access to government information by citizens, which is the other side of the right to privacy. Among the major objectives identified for the Botswana ICT

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