52 No. 37261 GOVERNMENT GAZETTE, 24 JANUARY 2014 6.5 Policy Reform & Trends 6.5.1 e-Commerce South Africa's e-commerce sector faces fundamental challenges, which require a concerted effort by all role-players to ensure that it does not stagnate. Some of the issues that require policy attention include consumer protection and confidence, harmonisation of the legal framework, availability of broadband, universal access, delivery, geography, e-commerce awareness and the rise of extraterritoriality. 6.5.2 Cybersecurity A draft cyber-security policy was published in May, 2011. The policy was developed under the DoC, but responsibility has now shifted to the State Security Agency. Today, the policy and implementation process related to the overall security framework is led by the State Security Agency. The redrafted policy was approved by Cabinet with the overall responsibility being given to the State Security Agency. a) Data protection The ECTA introduced the concept of consumer protection by protecting individuals from unsolicited commercial communication, and set out principles that govern the protection of personal information. Read together with the Consumer Protection Act (CPA) of 2008, the ECTA deals firmly with the issue of unsolicited communications. Additionally, the Protection of Personal Information Act_will make it illegal for a direct marketer to market directly to any individual unless prior consent had been given, or unless that individual is an existing customer. b) Identify theft Identity theft is very high in South Africa. The South African Fraud Prevention Service reported in 2008 that identify theft in South Africa could exceed R1 billion in annual losses, As use of the internet rises, new forms of identity theft have emerged. Consumers' financial records can be highly impacted on by persons who steal personal information through the use of computers and other devices. Typically these scammers target people using spam email, fake online banking websites and false online advertisements. c) Online gambling and related activities The National Gambling Act 2004 prohibited both offering interactive gambling services and engaging in interactive games (games on the Internet). Online sports betting, online horse race betting and the business of bookmaking is lawful in South Africa, provided that the person conducting such business holds the necessary provincial bookmaker's licence(s), or is using a website with a proper licence(s). d) Collection, preservation and production of e-evidence The Internet is not restricted to any national border. While the victim of cybercrime may reside in one country, the offender might be in another country. This means that a multipronged strategy is required for the prosecution of cybercrime. Law enforcement agencies are confronted with additional challenges, including the fact that data tracks are elusive, which makes it difficult for these agencies to identify attacks and trace the offenders. The collection of electronic evidence needs to be supported by effective data collection processes and must be accepted in court as evidence. 48 This gazette is also available free online at www.gpwonline.co.za