CONTENTS CHAPTER 1 The Development of Information and Communication Technologies and The Law... 1 CHAPTER 2

Transcription

1 CONTENTS Acknowledgements...ix Preface...x List of Cases...xii List of Legislation... xv International Legal Instruments... xviii Abbreviations... xx Key Notes Under the Preamble... xxiii CHAPTER 1 The Development of Information and Communication Technologies and The Law Introduction An Overview of E-commerce and its Legal Implications at Global Level An Insight on the Concepts of E-commerce at a Global Level Benefits of E-commerce ICT Policy Statements on Legal Implications of ICT in Tanzania...12 CHAPTER 2 The Impact of E-Commerce and The Law in Tanzania in a Comparative Perspective Introductory Remarks The Legal Implications of E-commerce in Tanzania An Insight on Model Laws and Other Cyber laws from other Jurisdictions in a Comparative Perspective with Tanzania Traditional Contracts vis-à-vis Cyberspace Contracts under Common Law in a Comparative Perspective with Tanzania Contractual Communications of Offer and Acceptance Online Judicial and Legal Considerations Suggested Legal Solutions for Facilitating E-contracts On-line or Distance Contracts Determination of Jurisdiction, Time and Place of Formation and Performance of E-contracts at International Level the position at regional and national level the position at regional and international level Relevant provisions of the un convention on the use of electronic communications in international contracts...35

2 iv Contents The legal implication of the un convention on e-communication to other international legal instruments Electronic Contracts in Other Jurisdictions Online Contracts for the Transaction of Physical Goods in a Comparative Perspective Online Advertisements E-transactions and Contracts for the Supply of Digitized Products and Services The Legal Implication of Technology in the Communications Sector Introductory remarks Omnibus legislation for convergence technologies? Negotiable Instruments under Cyberspace Environment Cyber Contracts or Invitation to Treaty? From Physical World Auctions to Cyber Auctions an overview of online auctions a comparative analysis between physical and cyber auctions other legal uncertainties under cyber auctions as compared to physical auctions The Impact of Technology on Gaming and Gambling Introductory remarks E-gaming and intellectual property rights Gaming and gambling activities in Tanzania Legal Challenges on E-gambling Jurisdiction Problems under Cyberspace Introductory remarks How applicable are the territorial jurisdiction principles under International law on cyberspace world transactions? The use of fundamental jurisdictional principles under international law and the digital technology at EU level the legal implications of digital technology on the traditional principles of jurisdiction Judicial considerations on the traditional jurisdiction principles to e-commerce in the us International initiatives towards global online standards for cyber jurisdiction problems E-commerce and the Property law General overview E-commence and real estate laws in Tanzania...82

3 Contents v The Land Act, 1999 [R.E 2002 CAP 113] The Land Registration Act [R.E 2002, CAP 334] The Registration of Documents Act, 1924 [R.E 2002, CAP 117] E-commence and Company Law The Need for Reforms on Company Laws Absolute Departure from Physical World to Cyberspace Transactions?...94 CHAPTER 3 Identification Under Cyberspace Identification of Parties on the Internet Legal Regime of Digital Signatures and other E-signatures Legal meaning of digital signature Cryptography Technology (PKI) and Digital Signatures in Tanzania Judicial Definition of Writing under Physical World Vis-à-vis Cyberspace Environment E-signatures in Other Jurisdictions International and regional level on e-signatures Legal consideration of e-signatures from other jurisdictions at national level Exceptions or Exclusion on Certain Documents Towards Solutions from International Initiatives CHAPTER 4 Electronic Banking & Other Cyber Payments The Impact of ICT on Banks, Financial Institutions and other Related Transactions The Magnitude of E-banking in Tanzania Legal Implication of E-security under E-banking Methods and Forms of Cyber-banking Created by the Development of Digital Technology Concerns and Legal Implications of E-banking The Impact of Digital Technology on Other Methods of Payments Legal Barriers on E-banking Relevance of Model Laws in E-banking Legal Implications of Digital Technology on Competition and Fair Trade Laws Consumer protection online Rights of consumers on-line and the laws in Tanzania in a comparative perspective...134

4 vi Contents Consumer protection at international level Jurisdictional considerations on enforcement of laws that protect consumers electronically Cyberspace Taxation Systems Legal analysis on cyber taxation in Tanzania Legal analysis of cyber taxation from international experience CHAPTER 5 The Impact of Digital Technology and E-Commerce on Other Areas of The Law Brief Overview on Digital Technology The Legal Implications of Technology on Civil Procedure Laws in Tanzania Online Dispute Resolution (ODR) Disputes settlement in Tanzania under digital technology The legal status of e-adr in Tanzania e-adr vis-à-vis ADR under the Labour Laws in Tanzania The impact of technology on dispute resolution at East African Community Regional level Alternative Dispute Settlements in other jurisdictions and digital technology Advantages and disadvantages of ODR E-government Introductory remarks Legal status of E-government in Tanzania Unanswered Legal Issues under Cyberspace CHAPTER 6 Cyber Crimes under E-Commerce A Brief Overview of Cyber Crimes How are E-crimes Defined? Cyber Financial Crimes The Legal Challenges of Electronic Crimes in Tanzania Electronic Documents Vis-a-vis the Best Evidence Rule The legal position of e-evidence in Tanzania Has the new law that amended the Evidence Act (1967) cured the problem? E-Evidence in other Jurisdictions National Level International Level

5 CHAPTER 7 Contents vii Technology and Intellectual Property Rights The Impact of Digital Technology and E-commerce on Intellectual Property Rights Digital Infringement on Copyrighted Works The Role and Liability of Intermediaries in the Infringement of Intellectual Property Rights The implications of digital technology of MP3 Peer 2 Peer File Sharing Software and computer programs piracy International initiatives on digital infringement of Intellectual Property Rights Software Contracts and Copyright Licensing Intellectual Property Rights and Electronic Publishing The role of Internet Service Providers (ISPs) on E-publishing Commercial Exploitation of Intellectual Property Works Published Electronically Relevance of Intellectual Property Law under the Information Society Era Usefulness of Intellectual Property Rights to the creators/inventors and commercial exploitation of technology Copyright and information technology The development of digital technology on Intellectual Property status Relevance of patent on computer technology and e-commerce Relevance of trademarks and service marks to computer technology The Development of the Law of Confidence and its Relevance to Intellectual Property Rights A conceptual analysis of the law of confidence use of the law of confidence under the information society The action of breach of confidence and remedies The Current Legal Myth on Electronic Databases Introduction Database protection at international level The Legal Protection of Designs and Semiconductor Products...255

6 viii Contents CHAPTER 8 Internet Domain Names The Legal Myth on the Evolution of.com An Overview of the Domain Name Structure National Domain Names The Domain Name System Legal Rights in Domain Names Domain Names Disputes Domain Names Cyber-squatting Judicial Consideration on Domain Name Disputes Dispute Resolution outside the Court System CHAPTER 9 Conclusion Observations Government Initiatives Bibliography Appendices Case Index Subject Index...280