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Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)

Notice in terms of Section 44(1)(a) of the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)

 

Notice No. R. 1263

29 December 2005

 

 

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

 

I, Brigitte Sylvia Mabandla, Minister for Justice and Constitutional Development, acting under section 44(1(a) of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act No.70 of 2002), hereby declare the instruments, devices and equipment mentioned in Column 1 of the Schedule, under the conditions or circumstances specified in Column 2 of the Schedule, to be listed equipment.

 

 

 

B. S. MABANDLA

Minister for Justice and Constitutional Development

 

 

SCHEDULE

 

 

Column 1

Column 2
1) Any instrument, device or equipment which is capable of being used to access, record, monitor or retrieve communications from a computer, without the permission of the author of the communication, including but not limited to-
a) keystroke recorders; and
b) software that can be installed on a computer and which has the ability to retrieve and/or store information so as to make it available to another person without the consent of the author of the communication .
1) To manufacture, assemble, possess, sell, purchase or advertise any of these instruments, devices or equipment, With the intention to use it, whether by itself or in combination with any other instrument, device, equipment or apparatus for the purposes of unlawful interception of communications in contravention of section 49 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act No.70 of 2002).
2) Any instrument, device or equipment which is capable of being used to record, monitor or listen to a communication, including but not limited to-
a) telephone wiretaps;
b) long range electronic audio amplified microphones;
c) miniature laser audio transmitters;
d) miniature radio frequency audio transmitters;
e) cellular phone intercepting devices;
f) miniature sound recording devices.
2) Subject to paragraph (1), above, any instrument, device or equipment or any component thereof –
a) which is furnished to a customer by a teIecommunication service provider in the ordinary course of his or her business and which is used by the customer in the ordinary course of his or her business;
b) which is furnished by such customer for connection to the facilities of such telecommunication service provider and which is used in the ordinary course of his or her business; or
c) which is used by a telecommunication service provider in the ordinary course of his or her business

is excluded from the operation of section 44(1)(a).
3) Any instrument, device or equipment which is capable of being used to visually record, monitor or observe a communication, including but not limited to –
a) miniature video cameras;
b) miniature cameras; and
c) night vision apparatus.

4) Any instrument, device or equipment which is capable of being used to determine or monitor the geographical location of a person, vehicle or object.