Are you looking for a legal procedures framework or policy? We have found that many Internet Service Providers (ISPs) or Electronic Communication Service Providers (ECSPs) are often not sure what the correct legal procedure is to follow when certain events occur. Especially when law enforcement assistance is required from law enforcement agencies, like the South African Police Services (SAPS) or Hawks. Good examples of ISPs or ECSPs are hosting companies, publishers, online classifieds and many financial institutions.
For example, where a person is advertising or selling child pornography using the network or infrastructure of a service provider, the service provider often does not know what steps the law requires them to take? Another example is where a person is advertising or selling pirated software using the network or infrastructure of a service provider. Again, many people do not know what they should be doing?
Usually, there is no time to try to figure out what to do when law enforcement arrives at your premises. You need to prepare in advance and make sure you have clear framework to help you find answers and guide you on what to do.
A Legal Procedures Framework
To solve this problem, we offer a legal procedures framework. It:
- Describes the event
- Refers you to the source of law
- Tells you what your responsibility is
- Sets out the responsibility of law enforcement
- Lists the law enforcement reference documents
It also provides a list of relevant legislation, like the Films and Publications Act and the Cybercrimes Bill.