Exam (elaborations)
LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024
- Institution
- University Of South Africa (Unisa)
LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024
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LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November2024
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
QUESTION 1
In her commentary, Sylvia Papadopoulos emphasizes the pervasive and intrusive
nature of unsolicited commercial communications, often termed "spam,"
especially in the digital realm. The quote reflects the widespread nature of spam
and the need for robust consumer and data protection responses. The South
African legal landscape has evolved to address this issue, aligning with global
standards on digital trade and consumer protection, but the effectiveness and
compliance with Article 28 of the African Continental Free Trade Area (AfCFTA)
Protocol on Digital Trade remain critical consideration.
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