Law in Cyber SpaceCommonwealth Secretariat, 2001 - 142 pages With the rapid advancements in computer technology over the past few years, there has been increasing concern on the need to develop the law in order to take full advantage of technological improvements , and also to ensure that states can respond to computer crime and related criminal law issues. This book sets out the reports of these two expert working groups hosted by the Legal and Constitutional Affairs Division of the Commonwealth Secretariat. The first part of the book looks at the legislative framework necessary for effective e-commerce (particularly how to implement the UNCITRAL Model Law) and related issues such as consumer protection, privacy, dispute resolution and general evidence provisions. The second part focuses on criminal law issues relating to information technology, with regard in particular to the draft Council of Europe Convention on Cyber-crime. |
Contents
A Background | 1 |
AdditionsChanges to UNCITRAL Model | 7 |
Report of the Expert Working Group on a Model Law | 32 |
Recommendations on Digital Evidence Forensics | 62 |
Common terms and phrases
addressee adopt such legislative agreement appendix apply Canadian Criminal Code child pornography co-operation commit an offence Commonwealth Secretariat communication competent authorities computer crime Computer Misuse Act computer system consumer protection Convention Council of Europe court criminal investigations criminal offences data message devices digital evidence disclosure domestic law Drafting Group dual criminality Electronic Commerce electronic evidence England and Wales ensure establish as criminal Explanatory Report extradition Group considered Group noted Group recommended guilty Harare home country concerned inchoate offences indictable offence intent interception issues means Misuse Act 1990 mutual assistance necessary Northern Ireland offence under section offences established option originator paragraph Party shall adopt person police preservation order procedures program or data purpose recognised referred relation to computer relevant requested jurisdiction requested Party requirement respect service provider signature Singapore specific stored computer data subsection territory tion traffic data transmission unauthorised access UNCITRAL Model Law