LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024 Course Legal Aspects of Electronic Commerce (LML4810)

LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024 Question 1 Read the following quote from Papadopoulos and answer the question below: “Unsolicited junk mail and the collection of personal information for direct marketing is not unique to online consumers, but the sheer magnitude, invasiveness and variety of these practices brought about by the advent of computers and the internet, as well as the risks or negative consequences associated with the digital environment, have solicited worldwide consumer and data protection responses”… (Sylvia Papadopoulus ‘Are we about to cure the scourge of spam? A commentary on current and proposed South African legislative intervention’ 2012 (75) THRHR at 224). Discuss this comment by Papadopoulos by providing an exposition of the current legal landscape in South African law regarding ‘unsolicited commercial communications’. Your discussion should include the legislative developments in South African since 2012, and importantly if in your opinion the current South African position is in line with Article 28 of the Protocol to the Agreement Establish the African Continental Free Trade Area on Digital Trade 18 February 2024? [25 marks] Question 2 In the article “A “Sign” of the Times: A Brief Consideration of the Validity of E-Signatures in Agreements and Affidavits in South African Law” 2024 OBITER at 39, Singh makes the following statement: “Signatures have become an integral part of daily life and are well established in commercial and legal practice. A signature serves to consent to or confirm an agreement or legal document and is thus a vital feature in finalising a transaction. Technology, such as e-signatures, is increasingly being used in modern-day activities. The traditional wet-ink signature differs significantly in form and application from an electronic signature. Therefore, it is paramount that the laws relating to e-signatures be clear to ensure confidence and consistency with their use.” Discuss how South African law currently deals with e-signatures and if you are of the opinion that the current South African legislation and case law precedent allow for the regular and confident use of e-signatures in South Africa? [25 marks] QUESTION 3 It is commonly accepted that electronic databases are protected in most international jurisdictions by way of copyright law and that electronic databases and the internet are ‘inextricably linked’. Yet, the internet is international in nature, and copyright is protected under different national and/or regional copyright regimes. 3 Discuss with reference to relevant case law how the legal protection of electronic databases by way of copyright law is applied in South Africa, the United States, and the European Union respectively. Conclude your discussion with an opinion on which way of protecting electronic databases South Africa should ideally follow considering the current state of technological development. [25 marks] QUESTION 4 You are a prominent information technology law attorney in South Africa and is regarded as one of the most competent and experienced domain name dispute resolution adjudicators for the resolution of the domain name disputes in the .za country code Top Level Domain (ccTLD). You are invited by the African Information Technology Lawyer’s Association to present a paper at the Association’s next meeting in Abuja, Nigeria, on the South African domain name dispute resolution Regulations. Many of the members of the Association are eager for a similar domain name dispute resolution system to be enacted in their respective African countries. Explain by way of an analysis of the relevant Regulations and decisions already reached in terms of the Regulations how it is determined if a domain name registered in the .za ccTLD may be regarded by adjudicators to be an abusive registration or not? (Please note that your discussion should be limited to the substantive aspects of a dispute only and that no procedural aspects should be included in your analysis of the Regulations and relevant case law).Question 1 Read the following quote from Papadopoulos and answer the question below: “Unsolicited junk mail and the collection of personal information for direct marketing is not unique to online consumers, but the sheer magnitude, invasiveness and variety of these practices brought about by the advent of computers and the internet, as well as the risks or negative consequences associated with the digital environment, have solicited worldwide consumer and data protection responses”… (Sylvia Papadopoulus ‘Are we about to cure the scourge of spam? A commentary on current and proposed South African legislative intervention’ 2012 (75) THRHR at 224). Discuss this comment by Papadopoulos by providing an exposition of the current legal landscape in South African law regarding ‘unsolicited commercial communications’. Your discussion should include the legislative developments in South African since 2012, and importantly if in your opinion the current South African position is in line with Article 28 of the Protocol to the Agreement Establish the African Continental Free Trade Area on Digital Trade 18 February 2024? [25 marks] Question 2 In the article “A “Sign” of the Times: A Brief Consideration of the Validity of E-Signatures in Agreements and Affidavits in South African Law” 2024 OBITER at 39, Singh makes the following statement: “Signatures have become an integral part of daily life and are well established in commercial and legal practice. A signature serves to consent to or confirm an agreement or legal document and is thus a vital feature in finalising a transaction. Technology, such as e-signatures, is increasingly being used in modern-day activities. The traditional wet-ink signature differs significantly in form and application from an electronic signature. Therefore, it is paramount that the laws relating to e-signatures be clear to ensure confidence and consistency with their use.” Discuss how South African law currently deals with e-signatures and if you are of the opinion that the current South African legislation and case law precedent allow for the regular and confident use of e-signatures in South Africa? [25 marks] QUESTION 3 It is commonly accepted that electronic databases are protected in most international jurisdictions by way of copyright law and that electronic databases and the internet are ‘inextricably linked’. Yet, the internet is international in nature, and copyright is protected under different national and/or regional copyright regimes. 3 Discuss with reference to relevant case law how the legal protection of electronic databases by way of copyright law is applied in South Africa, the United States, and the European Union respectively. Conclude your discussion with an opinion on which way of protecting electronic databases South Africa should ideally follow considering the current state of technological development. [25 marks] QUESTION 4 You are a prominent information technology law attorney in South Africa and is regarded as one of the most competent and experienced domain name dispute resolution adjudicators for the resolution of the domain name disputes in the .za country code Top Level Domain (ccTLD). You are invited by the African Information Technology Lawyer’s Association to present a paper at the Association’s next meeting in Abuja, Nigeria, on the South African domain name dispute resolution Regulations. Many of the members of the Association are eager for a similar domain name dispute resolution system to be enacted in their respective African countries. Explain by way of an analysis of the relevant Regulations and decisions already reached in terms of the Regulations how it is determined if a domain name registered in the .za ccTLD may be regarded by adjudicators to be an abusive registration or not? (Please note that your discussion should be limited to the substantive aspects of a dispute only and that no procedural aspects should be included in your analysis of the Regulations and relevant case law).