14 2.0 E-Commerce Legislation 2.1.1 Objective: • Ensuring that Botswana has legislation and policies that provide for the acceptance of electronic documents in commerce and for personal use, and provide for the enforceability of electronic contracts. In addition, the Government of Botswana should have the legislative mandate and policies necessary to fully implement an eGovernment programme. 2.2 Issues: • The scope of e-legislation: should it cover only commercial relationships or other types of communications as well? • Should specific legislation be amended to provide for media-neutral language or should an electronic documents bill be enacted that provides overall authority and guidelines? Alternatively, should some combination of the two techniques be used? • What is the best technique to ensure that Government Ministries and parastatals are positioned to deal with electronic documents and to protect their networks and infrastructure? • What kinds of documents, if any, should be excluded from provisions allowing for electronic documents? Wills? Domestic contracts? Adoption papers? Sale of land? • What adjustments should be made, if any, to Botswana contract law to accommodate electronic contracts? For example, does “clicking” or downloading constitute acceptance? What default rules should apply to the timing of an offer and acceptance? • How should rules of evidence be modified, if at all, to accommodate the functional equivalency of electronic documents to paper-based documents? 2.3 Discussion: 2.3.1 One of the most exciting and far-reaching uses of the Internet and new ICT technology is e-commerce. Consumers now have a world of products available to them and businesses have new opportunities to reach customers, sell products, and develop niche markets. Both consumers and business can thrive through innovation and e-commerce competition. To develop the potential of e-commerce, however, trust must be established through information and mechanisms to protect both parties. Standards, rules and legislation must be established that provide the same protective infrastructure that exists for paper-based consumer transactions. Different countries have met the challenge in different ways, but there are common approaches dealing with provision of