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HIPSSA Project

HIPSSA Project. Support for Harmonization of the ICT Policies in Sub-Sahara Africa . Overview of the Electronic Transactions and Communications Bill Presentation Two: 4 th of March 2013 . Parts VII-XIII. Register of cryptographic products and services;
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HIPSSA ProjectSupport for Harmonization of the ICT Policies in Sub-Sahara Africa Overview of the Electronic Transactions and Communications BillPresentation Two: 4th of March 2013 Parts VII-XIIIRegister of cryptographic products and services;Secure e-communications & secure electronic signaturesPARTS VII-VIIICryptography providers
  • Register of cryptography providers
  • Minister appoint DG
  • Definitions
  • Cryptography product
  • Cryptography provider
  • Section 42Register
  • Information – identify; not trade secrets iro product/service (s 42)
  • Compulsory – (s 43)
  • Tanzania:
  • premises; person makes use; uses for purpose of business
  • S 44 Register confidential – exceptions
  • Offences; official request; cyber inspectors;
  • Part VIISecurity procedure is verified
  • Prescribed by Regulations or
  • Commercially reasonable security procedure agreed to by parties
  • = secure electronic communicationE-SignatureSecure electronic communication S 45Procedure to:
  • Verify record is that of person;
  • Detecting changes;
  • Verify in relation to e-record:
  • Initial record remained intact/has been altered since secure e-signature was affixed.
  • Security procedureCommercial circumstances at the time including:
  • Nature of transaction;
  • Sophistication of parties;
  • Volume in type of transaction;
  • Availability of alternatives;
  • Cost; and
  • General procedures for similar transactions.
  • Commercially reasonable procedureElectronic signatures
  • Data attached to or logically associated with data indented to be signature
  • +27833761560
  • pistot@unisa.ac.za
  • Secure electronic signature is required where law requires a signature
  • Secure e-signature = application of technology ito Regulation & can verified that e-signature:
  • Unique to person using it;
  • Capable of identifying person;
  • Created using means – sole control;
  • Linked to e-communication manner if altered, alteration detectable and/or signature invalid
  • at time was made
  • Secure e-signatures s 46Secure e-communication not altered;
  • SIGNATURE
  • Is signature of person to whom correlates;
  • Affixed by that person intention of signing
  • No presumptions authenticity, integrity if not secure communication or signature
  • PRESUMPTIONS S 47ONE FORM OF SECURE E-SIGNATURESecure signature – PKI licensing and certificates –E.g.: Appointment of Controller and other officers; Reliance on certificates;Trustworthy system;Disclosure; Issue of certificate; Generating key pair;Acceptance of certificate; Control of private key;Initiating suspension or revocation of certificate; etc.Digital signatures 48-70;73-74S71 Security procedures; technical requirements;
  • S 72 Recognition of foreign certification authorities;
  • Proposal to include PKI provisions
  • Technical capacity; technological developments; media neutrality; different levels of reliability
  • Signature Regulations Part VIIIParties – appropriate transaction
  • Regulations:
  • Technical requirements for SECURE electronic signatures
  • Recognition of foreign signatures
  • Enabling environmentProper administration of the .tz DNS to benefit of citizensParts IX-XccTLD – national asset
  • Establishment tznicfor.tz DNS
  • Establishment, memo & articles;
  • Procedure establishment of tznic
  • Board of directors; staff; finances
  • Regulations
  • Resolution of tm/dndisputes
  • ICANN re-delegation requirements
  • Doain names
  • Parts IX-X: Domain namess 77-86Provide for CODE OF CONDUCT of ISPsProtect ISPs from indirect liabilityParts XIS 87: Recognition representative body
  • Code of conduct; membership criteria, adherence to adequate standards & monitoring & enforcing
  • S 88: Limitation only:
  • for members
  • Adopted & implemented code
  • ISPs
  • Part XI: Service providers S 89-9289: Mere conduit; 90: Caching; 91: Hosting & 92: Information location tools93: Take-down notification94-95 No general obligation & other rights not affectedLimitation of liabilityMere conduit - Access to for for operating facilities for transmission, routing or storage of e-communications if:
  • Does not initiate
  • Or select recipient;
  • automatic, technical;
  • no modification
  • S 89 Mere ConduitDoes not modify; conditions of access; rules updating; rights management information; removes or disables accessS 90 Caching: automatic intermediate storage of dataNo knowledge; no facts or circumstances; take-down upon receipt S 91 HostingSource: http://jumpdog.usS 92 Information location toolsNo knowledge; no facts or circumstances; No financial benefits;Removes access to link after infoSource: http://webchannel.ae/Powers of the MinisterExclusionsPARTS XII XIIIDesignate entity as public bodyElectronic signatures – reliable as secureSecure signatures for specific purposesFormats for communication of info;Exclude transactions, documents or rules of law from applicationAny other purpose Minister’s Powers S 96
  • Exclusions
  • Powers
  • Part XIII Saving provisions
  • E-signature or e-communication not applicable to:
  • Immovable property; long term lease; bill of exchange; will; trust; family law & personal status; power of attorney; judicial notification & court decisions; amendments to or termination of health insurance & life insurance; etc.
  • Other laws not affected
  • Regulations:
  • E-government requirements;
  • Cryptography registration;
  • Security procedures – secure e-communications
  • Secure signature requirements;
  • Recognition of foreign e-signatures
  • Domain name ADR
  • Representative body: ISPs
  • ImplementationTHANK YOU…TanaPistoriusITU INTERNATIONAL EXPERTpistot@unisa.ac.zaResearch Professor: UNISAUnion Internationale des Télécommunications International Telecommunication Union
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