Last month South Africa released its draft Cybercrimes and Cybersecurity Bill for public comment; the latest in a wave of such laws that has been sweeping the continent and beyond. EFF is currently reviewing the Bill with a view to sending a submission by the deadline of November 30, and we'll have more to say about it before then. But there is one provision that deserves immediate comment: a clause that would criminalize essentially any infringement of copyright. This provision is oddly timed, given that South Africa is also separately considering amendments to its Copyright Act. But it's more than just the timing that's odd. Here's the relevant part of the clause: 20. (1) Any person who unlawfully and intentionally, at a time when copyright exists in respect of any work, without the authority of the owner of the copyright, by means of a computer network or an electronic communications network— sells; offers for download; distributes; or otherwise…
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