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LML4810 PORTFOLIO ANSWERS DUE 27 MAY 2024 Question 1 A has recently launched their new e-commerce venture in South Africa in competition with South African e-commerce traders like . As a South African e-commerce law expert you are approached by a legal advisor from A for advice. In order for A to comprehend the local and regional e-commerce legal landscape you are tasked to inform A on the similarities and differences of the facilitation of electronic transactions provisions in the Electronic Communications and Transactions Act (ECTA) 25 of 2002 with other international or regional model laws you are aware of that deal with the most prominent issues you have identified as being relevant to e-commerce in South Africa (i.e. module content). Part of your task includes informing Amazon’s legal advisor regarding the challenges that have been identified as impeding e-commerce in Africa and how those challenges may be addressed. [25 marks] Question 2 During May 2024, South Africa will hold its national elections, marking 30 years since the first democratic elections held in 1994. Social media amongst many other forms of communication will no doubt play a substantial role in determining the outcomes of the elections. Some will be quick to note that social media played a role in possibly escalating protests or spreading ‘fake news’ and needed to be monitored. The ECTA has long regulated the issue of Internet Service Provider (ISP) and its limited role when it comes to certain issues. Answer the following questions regarding that ISP regime in South Africa in context of the set of facts: 2.1 Outline the provisions under the ECTA that in your opinion gives rise to the ISP regime. (5) 2.2 Discuss the limitation of ISPs as outlined in the ECTA that may be relevant to the role social media plays in the elections. (10) 2.3 Discuss five criticisms levelled against the ISP regime as discussed in the article by Marx and O’Brien titled “To regulate or to Over-regulate? The Internet Service Provider Liability: The Industry Representative Body in terms of the ECT Act and Regulations” (2011) 32 3 Obiter 537-556 and how these criticisms levelled against the ISP regime may be relevant to the role social media plays in the elections. (10) [25 marks] 3 QUESTION 3 All the political parties contesting the national elections during May 2024 will most surely be making use of databases of potential voters and influential organisations that they have compiled using various other databases and modes of information gathering in spreading propaganda and creating awareness. Discuss the requirements a political party’s database needs to meet in order to enjoy copyright protection. In your answer refer to the positions in other jurisdictions and substantiate your answer with reference to relevant case law. [25 marks] QUESTION 4 You are approached by a legal adviser representing the well-known e-commerce web site A from the United States of America that has recently launched their new e-commerce venture in South Africa. She informs you that they have become aware that a South African company, Open Market SA, has registered the domain name ‘AMAZONSA.CO.ZA’ and has started operating an e-commerce web site aimed at the South African market from the domain name. You identify the South African domain-name dispute resolution regulations as the most effective process to employ to ensure the transfer of the domain name ‘AMAZONSA.CO.ZA’. Provide Amazon’s legal adviser with an opinion regarding their chances of being successful with a complaint instituted in terms of the regulations by way of an analysis of the regulations and the relevant decisions that have already been reached in terms of the regulations.