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Int'l Computer Law Observer #1




>Date:         Thu, 27 Nov 1997 00:59:32 +0200
>Reply-To: [email protected]
>Sender: lawobserver Computer Law Observer
>              <[email protected]>
>From: "William S. Galkin" <[email protected]>
>Subject:      Int'l Computer Law Observer #1
>To: [email protected]
>
>                  **PREMIER ISSUE**
>                 ==================
>          ===============================
>     ===========================================
>        INTERNATIONAL COMPUTER LAW OBSERVER
>              December, 1997 -- No.1
>     ===========================================
>          ===============================
>                 ==================
>
>      PLEASE FREELY REDISTRIBUTE THIS ISSUE!!!
>
>Welcome to the Premier Issue of the International Computer Law Observer
>(ICLO). The ICLO is an e-mail report providing monthly coverage of
>significant legal developments from around the world relating to computers,
>technology and the Internet. Back issues and a listing of the Editorial
>Board can be found at http://www.lawcircle.com/observer . The
>Editor-in-Chief, William S. Galkin, Esq., is located in Ramat Gan, Israel,
>and can be reached for comments at [email protected] .
>

[big snip]
>--- SOUTH AFRICA ---
>
>[BOTTOM LINE] COURT GIVES NO SANCTION FOR ONLINE GAMBLING
>
>[WHAT HAPPENED] Johannesburg, Gauteng Province, South Africa - In South
>Africa's  first Internet related judgment, the Witwatersrand division of
>the  High Court of South Africa ruled in late October 1997 that it would
>not sanction online gambling in its jurisdiction [Ruben Olivier v The
>Minister of Safety and Security and the MEC for Safety and Security  of the
>Province of Gauteng]
>
>[WHY IT HAPPENED] The cyber cafe had  brought an application to court for
>the return of certain computer equipment comprising of a number of
>networked personal computers, the network server and certain peripherals
>following on the search of the cafe's premises and the seizure of the
>computer equipment.
>
>In refusing the application, the Court held that it was lawful for  the
>South African Police to impound computer equipment owned by a  cyber cafe,
>which was allegedly being used for online gambling.
>
>In terms of existing legislation, Internet gambling is illegal and the
>owner of the site is in contravention of national and provincial Gambling
>Acts, where they exist.
>
>[THE SIGNIFICANCE] Many experts have indicated that this case is indicative
>of the  controversy and complexity surrounding the issue of regulating
>Internet related transactions. Local gambling experts argue that the
>proliferation of online gambling threatens to undermine the development of
>a legal casino industry in South Africa at a time when companies are vying
>with one another for casino licenses. Many such companies are investing
>billions of rands in setting up in infrastructure development, but are
>threatened with competition from Internet gambling site operators who can
>set up shop online with ease.
>
>[INFORMATION  SOURCES] Cape Times Newspaper, 27 October 1997 edition 2.)
>Michael Silber - Werksmans attorneys
>
>[CONTRIBUTING EDITOR] Hofmeyr Herbstein Gihwala, Inc. - Contact: Lance
>Michalson - e-mail: [email protected]