Electronic
282 [ N o . 21 of 2009
Sale and
and
Communications
Transactions
9 0 . (1) A person may sell or a c q u i r e —
acquisition of
.
a
encryption
products
( )
a
.
n
encryption product despite the encryption algorithm
selected, encryption key length chosen or implementation
technique or medium used;
(b) any s o f t w a r e , i n c l u d i n g s o f t w a r e w i t h e n c r y p t i o n
capabilities, that i s —
(i) g e n e r a l l y a v a i l a b l e , as is, a n d d e s i g n e d for
installation by the purchaser;
(ii) in the public domain or is publicly available or
accessible to the public in any form; or
(iii) a computing device because it incorporates or
employs in any form software exempted from
any requirement for a validated licence.
(2)
In this section—
" generally available " in relation to software, means software
that is widely offered for sale, license or transfer including,
but not limited to, over-the-counter retail sales, mail order
transactions, phone order transactions, electronic distribution
or sale on approval;
" as is " in relation to software, means a software program
that is not designed, developed or tailored by a software
company for specific purchasers;
" is designed for installation by the p u r c h a s e r " in relation to
software, m e a n s —
(a) that a software company intends the purchaser
who may not be the actual program user, to install
the software program on a computing device and
has supplied the necessary instructions to do so;
and
(b) that the software program is designed for installation
by t h e p u r c h a s e r w i t h o u t further s u b s t a n t i a l
support from the supplier;
" computing device " means a device which incorporates one
or more micro-processor-based central processing units
that can accept, store, process or provide output of data;
and
" computer hardware " in relation to information security,
includes, but is not limited to, a computer system equipment,
application-specific assemblies, modules and integrated
circuits.
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