REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISION... Page 7 of 67
'decryption direction' means a direction issued under section 21 (3) in terms of
which a decryption key holder is directed to(a)
disclose a decryption key; or
(b)
provide decryption assistance in respect of encrypted information, and
includes an oral decryption direction issued under section 23 (7);
'decryption key' means any key, mathematical formula, code, password, algorithm
or any other data which is used to(a)
allow access to encrypted information; or
(b)
facilitate the putting of encrypted information into an intelligible form;
'decryption key holder' means any person who is in possession of a decryption key
for purposes of subsequent decryption of encrypted information relating to indirect
communications;
'Defence Act' means the Defence Act, 1957 ( Act 44 of 1957 );
'Defence Force' means the defence force referred to in section 199 (2) of the
Constitution;
'designated judge' means any judge of a High Court discharged from active service
under section 3 (2) of the Judges' Remuneration and Conditions of Employment Act, 2001
( Act 47 of 2001 ), or any retired judge, who is designated by the Minister to perform the
functions of a designated judge for purposes of this Act;
'direct communication' means an(a)
oral communication, other than an indirect communication, between
two or more persons which occurs in the immediate presence of all
the persons participating in that communication; or
(b)
utterance by a person who is participating in an indirect
communication, if the utterance is audible to another person who, at
the time that the indirect communication occurs, is in the immediate
presence of the person participating in the indirect communication;
'direction' means any interception direction, real-time communication-related
direction, archived communication-related direction or decryption direction issued under
this Act, and includes an oral direction issued under section 23 (7), but, for purposes of
section 20, excludes an archived communication-related direction;
'Director' means the Director: Office for Interception Centres, seconded in terms of
section 34 (1);
'Directorate' means the Directorate of Special Operations referred to in section 1 of
the National Prosecuting Authority Act;
'electronic communication service provider' means any(a)
person who provides an electronic communication service under and in
accordance with a electronic communication service licence issued to
such person under Chapter 3 of the Electronic Communications Act,
and includes any person who provides(i)
a local access communication service, public pay-telephone
service, value-added network service or private electronic
communication network as defined in the Electronic
Communications Act; or
http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009