Cryptography Regulations Muddy the Waters

The Cryptography Regulations issued in terms of the Electronic Communications and Transaction Act of 2002 (ECT Act), which came into effect on 10 March 2006, have not clarified the uncertainty over whether or not users of cryptography software would also be considered cryptography providers and should be registered as such.

Simplistically, cryptography technology ensures that only specific persons can access messages, that the electronic messages are authentic and have not been tampered with, and that the addressor of the message can be properly identified.

However, cryptography presents a challenge to security conscious governments in that it allows message content to be concealed from the authorities. Hence, the ECT Act contains provisions that permit state authorities access to the private key of cryptography users. Such access allows the authorities to decrypt electronic communications where national security and public interest considerations exist. Consequently, the