Models for Cyber-legislation in ESCWA member countries

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1 Models for Cyber-legislation in ESCWA member countries Presented by Jean Akl & Roula Zayat Amman, December 11, 2007 Cyber Space Cyber space (non-jurisdictional International Space; jurisdictional National or local space) - In the broader term, Cyber space means the electronic space globally shared by everyone and not subject to a specific jurisdiction. This space is unable by its nature to be regulated as no legislator has jurisdiction over it. - In the narrower term, Cyber space means the electronic space specific for a connected group of users or connected computers (Intranet, LAN etc..) This space may be subject to regulations whether private for the group or on National level, such as the Commercial Register.

2 Cyber Space 2 Organization of the international Cyber Space: - bilateral and/or multilateral International Conventions or Directives on cyber-related topics. Organization of national Cyber Space: - national enacted laws, compliant with International Conventions and Directives, such as European countries laws with EU Council directives and conventions. Organization on ESCWA region level: - Enacted laws on specified topics: namely E-Commerce (e.g. U.A.E, Bahrain, Jordan, Egypt, Yemen etc..) - Draft of laws pending enactment: (Syria, Lebanon, Qatar, KSA, Kuwait etc..) Main Cyber-related topics Data Protection and Processing Personal data Privacy in cyberspace Protection of Intellectual Property Rights: Copyright, data, Dom ain names, computer programs, patents relating to software etc.. E-Transactions: E-Records, E-Signature, Attribution, E-proof etc. E-Commerce: E-payment, E-Contracts, E-Signature, Consumer Protection e.g. Publicity Censorship and Freedom of Expression in Cyber space. Cyber Crime: 1- Internet crimes (crimes related to) 1.1- persons (pornography, racial) 1.2- consumer goods 1.3- public sector 1.4- information and electronic communication 2- Computer crimes (crimes related to) 2.1- Computer system 2.2- Computer program 2.3- Computer data 2.4- Computer devices

3 Data Protection and Processing Treated in International Conventions and Directives such as: Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data Strasbourg, 28.I.1981 Council of Europe Treaty No. 108 Foreign Laws on the subject matter. Listing of the main national laws and regulations, countries such as USA, France, Germany adopted laws implementing main issues. ESCWA region legal status: mainly lack of legislation,save few articles in telecom laws. Only available law is the DIFC Data Protection Law 2007 of Dubai, which treated the main topics for data protection, also CCL). UAE law also protects privacy rights such as: marital status, health information etc.. Concerning Protection of Privacy, ESCWA countries are still lacking adequate legislations to ensure the said protection online. E-Transactions International: Conventions, Treaties and directives. Model laws to be followed: UNCITRAL Model law on E-signature; Arab League Cyber Model Law, content relates to E-Transactions mainly. Foreign Laws on the subject matter. Listing of the main national laws and regulations ESCWA region: laws on E-Transactions included E-signature, E-Record, E-proof, Acceptance and authentication of e-signature and e-record. Storage of the e-record and attribution. Legal proof value and certification rules. Enacted laws available in: Jordan, Egypt, U.A.E., Bahrain, Yemen Drafts of laws pending enactment: Lebanon, Qatar, Kuwait, KSA and Syria (Palestine: amendments of laws to accept e-signature, e-proof and e-record, but no available law) Absence of legislation: Iraq, Oman Available legislations treat the main topics in International Conventions and treaties and model laws, however, not elaborate as foreign laws (including ASEAN e.g. Singapore)

4 E-Commerce International: Conventions, Treaties and directives. E-Commerce laws and Model laws on the International and regional levels. ESCWA region: Main E-Commerce issues were addressed in E-Transactions laws. Topics like Consumer Protection relating to distance contracts and Publicity are not addressed in laws. E- Payment and E-Banking: regulated in ESCWA region laws: availability in countries such as: Lebanon, U.A.E., Yemen, Oman, Absence in countries such as: Syria, Iraq, Kuwait Cyber Crime International Conventions and treaties, e.g. Convention on Cybercrime issued by the Council of Europe Treaty No. 185 Budapest 23 November Computer-related crimes; International laws: UK Computer-related crimes (illegal access, deterand Content-related crimes ESCWA region: absence in most of the states, save U.A.E, Law No. No. 2 of the year 2006 The Computer Crime Law. Other ESCWA members: rely on penal code, copyright laws to the extent the provisions of which extend to Computer crimes. Main topics of protection: offences against the confidentiality, integrity and availability of computer data and systems, which are: Illegal access, Illegal interception, Data Interference, System interference and misuse of devices. Computer-related offences, of which Computer-related forgery, Computerrelated fraud. Content-related offences, of which offences related to child pornography, xenophobia, racial content, harmful content. Offences related to infringements of copyright and related rights. The convention states that each member shall establish as criminal crimes the infringements pursuant to the national laws, Berne Convention, TRIPs agreement (Trade- Related Aspects of Intellectual Property Rights), the WCT (WIPO Copyright Treaty, Rome Convention and the WPT (WIPO Performances and Phonograms Treaty.

5 Censorship and Freedom of expression Protected by the First Amendment in the US constitution and major European and UN human rights texts and conventions. ESCWA: Absence of laws protecting freedom of expression. Severe censorship regulations relating to political content, public morals, religion. Some countries of the ESCWA region have apprehended authors and writers who have violated censorship rules on the Internet: e.g. Oman. Intellectual Property in Cyber Space ESCWA region international affiliations and members of: Berne Convention, Rome Convention, TRIPs (for WTO members) Protection of: Computer programs and software, Databases. Domain names and Trademarks. ESCWA: copyright laws protect computer programs and databases. No regulations concerning cctld. General IP laws: patent, trademarks apply to infringements online.

6 Thank You