CHAPTER 1 1.1 INTRODUCTION The globe is experiencing unprecedented transition into an era of technology marked by the robustness of networks and the impact of convergence, ushering the twenty first century into the realm of digitization and the very popular cyber world. Characterised by these swift changes, are paperless technologies setting into motion a spaceless world, a common place for, what has been termed by Abril, digital natives and digital immigrants alike.1 Since its inception, cyberspace has grown at an incredible rate, with indications that the rate will continue explosively with the exponential growth in networks.2 The development of the internet is key to all the significant advances made in the technological world.3 The internet plays a paramount role in electronic contracting sphere, the evolution of which is crucial to the development of electronic commerce and growth of electronic transactions. Particular reference is, for instance, the underlying cardinal online processes such as information transmission, and the intertwined networks of computers without which electronic commerce is possible.4 1.2 AN OVERVIEW OF THE INTERNET The internet is referred to as the international network of computers joined together through a common software protocol called TCP/IP 5 with the key feature of core communication infrastructure as neutral with the intelligence applied at the ends, (endto-end E2E), design principle.6 It means the interconnected system of networks that connects computers around the world using TCP/IP and includes future versions thereof.7 TCP/IP is defined as the Transmission Control Protocol used by an 1 Abril, P. (2007) “Recasting privacy torts in a spaceless world” 21 Harv. J.L & Tech 16. Morino, E. (1994) “Cyber space and the law, your rights and duties in the online world” 10; Kariyawasam, R. et al. (2009) “The WTO, intellectual property, e-commerce and the internet” 434 at 437-439 . 3 Ahmad, T. (2009) “Cyberlaws, e-commerce & m-commerce” 3-4. 4 Fitzgerald, B. et al. (2007) “Internet and e-Commerce law technology, law and policy” 3-4, 13. 5 Fitzgerald et al (2007: 3). 6 Fitzgerald et al (2007: 2). 7 S1 of Electronic Communications and Transactions Act 25 of 2002. 2 1