56 have the capability to be intercepted and sets out what costs are to be borne by the service providers, who must establish “interception centers,” Certain cryptography technology is permitted. The Act has been subject to criticism as being too broad, intrusive and without sufficient provisions for oversight. 7.3.25 Botswana’s legal and regulatory structure dealing with privacy, data protection, and data security should also take into account the growing problem of data theft. Countries with high levels of credit card use are particularly concerned about this emerging problem, but Botswana’s aspirations to be a financial services centre and a centre for tourism will require that consumers and businesses have assurances that their personal and financial information will not be used or “stolen” for unauthorised use. 7.4 Recommendations: - The Attorney General’s Chambers in consultation with stakeholders such as the Directorate on Corruption and Economic Crime, the Law Society, the Bank of Botswana, the Botswana Stock Exchange, the Botswana Telecommunications Authority, Internet Service Providers and the Botswana Telecommunications Corporation and other telecommunications service providers, review the Penal Code, taking into account such examples as the EU Convention on CyberCrime, to ensure that adequate legislative criminal law authority exists to deal with such matters as: o Content-related crimes, such as child pornography disseminated through the Internet by users within Botswana o Illegal access to data and computer systems o Recognition of the value of data o Misuse of devices that can be used for illegal access or manipulation of data and computers systems o Cooperation with foreign authorities to deal with enforcement of extra-territorial criminal activity, including child pornography - The Ministry of Communications, Science and Technology, in consultation with the Botswana Telecommunications Authority, the Botswana Telecommunications Corporation and other telecommunications service providers, the Internet Service Providers, Internet Content Hosts, the Botswana Police, the Directorate on Corruption and Economic Crime, and the Ministry of Trade and Industry, the Ministry of Education, the Law Society, groups representing arts and entertainment industries, and civil liberties groups explore: o Fostering a vibrant and cohesive industry organisation of Internet Service Providers and Internet Content Hosts who can work

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