46 o Criteria by which security can be assessed, by both users and the courts; o Criteria by which certificate authorities based in other jurisdictions can be judged; o The utility of co-operating with neighbouring countries to establish a common framework for digital signatures, authentication and authorisation of certificate authorities. o Clarification of liability of ISPs and certificate authorities. o Methods of enforcing safeguards regarding certificate authorities outside of Botswana. 7.0 Cyber Crime; “Inappropriate Content” and Lawful Access 7.1 Objective: Ensuring that the legislation of Botswana, including the Penal Code, is up-to-date and provides the necessary framework to deal with cybercrime; that the cooperative arrangements and policies are in place to deal with extra-territorial criminal behaviour; that the skills and resources to deal with new types of crime are available; that legislation and policies are in place to deal with inappropriate content; and that credible and internationally acceptable procedures exist to deal with lawful access to electronic data, as well as other forms of information. 7.2. Issues: • Legislative language of crimes related to property must encompass the newer meanings related to data, including reflecting the value of more amorphous forms of property. • An appropriate mix of criminal law, regulation and co-regulation (e.g., use of industry codes of conduct) should be found to deal with issues of cyber-crime, inappropriate content in a global electronic environment, and relationships among stakeholders in combating crime and proscribed behaviour. • Legislative precision will be required to ensure technical neutrality to the highest degree possible, while also providing the certainty, transparency and clarity required of penal and regulatory legislation. • Identification of responsibilities of ISPs and other carriers of data, including circumstances in which they would be held responsible for the carriage of proscribed content. • A delicate balancing of interests must be achieved in policy and legislation; among the interests are individual’s right to personal privacy; business right to protect competitive information; freedom from undue intrusion by the state, and the responsibility of the state to protect and ensure the safety of citizens.