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PROCEEDINGS Opening
remarks from Mr.Omar Halim, Executive Director of NAM CSSTC With
the purpose of achieving a solid and equitable development of NAM member
countries, one area that must be seriously taken into account is Small and
Medium Enterprises (SMEs). The sustainable and equitable development
should be based on the effort of the vast majority of the population in
production and not, such as has been done in the past, rely on the
trickle-down effect to benefit the lower-income groups. Another area which
we think to be very crucial for the future of developing countries is
Information and Communication Technology (ICT). This is one of the
technologies that will bring human race to much higher heights in the
future. We are all aware that the developed countries especially the
United States has been leading in the development of ICT. We believe that
if we aim to catch up with the developed countries, this is one area we
should particularly pay attention to. We have witnessed some developing countries which have caught
up or are catching up with the developed countries through their solid
economic development and their ICT programme. Pertaining
to SME and Information and Communication Technology (ICT), NAM CSSTC
convened a meeting last year in Bandar Seri Begawan discussing about how
e-commerce could assist SMEs. It was suggested that for those developing
countries that have certain minimum of electronic readiness, in order to
increase the role of e-commerce for SMEs and for others we have to have
harmonization of e-commerce laws. Consequently, NAM CSSTC is
organizing this meeting to focus more specifically into the policy
and technical aspects of harmonization of e-commerce laws of NAM member
countries. I
would also like to welcome and thank Mr.Renaud Sorieul from UNICTRAL who
has been able and willing to come to assist us to provide what UNCITRAL is
about and how it can contribute to create the best solution for e-commerce
law harmonization. In this meeting, we suggest that UNCITRAL be considered
as the model law to harmonize e-commerce laws of NAM member countries. We
hope that this meeting will come up with a number of conclusions. One of
course is if UNCITRAL can be adopted by NAM countries to harmonize their
laws in order to make it more possible for e-commerce to take place among
them. In addition, I would very much hope that this group could come up
with very specific, useful and technical conclusions and recommendations
which could benefit especially to law practitioners and the policy makers
in the developing countries NAM
CSSTC is prepared to follow this up, if indeed the conclusion is UNCITRAL
as the model law can be used as the basis to harmonize our laws.
We are ready to consider sending technical experts to the NAM
countries which requiring such assistance, to use UNCITRAL model law
as the basis in the formulation or assessment of their e-commerce
laws.
Session 1: PANEL PRESENTATION Paper 1:
Introduction to the UNCITRAL Model Law on E-Commerce: Its Salient
Features and Methods of Adoption Speaker 1: Renaud Sorieul,
UNCITRAL, United Nations The main points addressed by
Mr.Sorieul are as follows: 1.
UNCITRAL model law is intended to facilitate rather
than regulate the e-commerce. 2.
The characteristic of e-commerce from a legal point
of view is the missing element i.e. paper. 3.
UNICTRAL model law defines the distinction between
the international trade and domestic trade 4.
UNICTRAL model law refers to e-commerce in a broader
context. 5.
E-commerce law should be very fundamental and
elementary that deals only with matters related to the absence of paper
document in the e-commerce relationship. 6.
In fact it is very difficult to
make a distinction between of international use e-commerce and domestic
use of e-commerce since there is a relative disappearance of geography. Mr. Sorieul recommended the
followings: 1.
UNICTRAL hopes to have more consistency in the
enactment of the model laws and that
the enacting states stick more closely to letter of the model law. 2.
There should be no discrimination to those people
who are intending to use to conduct business transactions electronically.
There must be a creation of level playing field between e-commerce and
traditional domestic transactions. Things should be equivalent and no
discrimination either way. 3.
One way of making an international model acceptable in a
country which is legitimately very nervous about using a model which was
not prepared by its own justice ministry is to tell the state that we are
dealing only with the international transactions and not interfering their
domestic transactions. Session 2: PANEL PRESENTATION Paper 2: Use of Electronic Signatures and Legal Aspects of
Certification Authorities Speaker 2: Toh See Kiat, Goodwins Law Corporation, Singapore The main points addressed by Mr. .Toh are as follows: 1.
An electronic signature is needed to authenticate an
e-business transaction. 2.
The best way to authenticate it by utilizing
technology 3.
There is a need for Public Key Infrastructure to
ensure legal recognition of digital signatures. The presenter recommended the
followings: 1.
To regulate the Certification Authority (CA) three
approaches are introduced i.e.: allow only one CA (government), license
all CAs (local or foreign) and voluntary licensing. 2.
To regulate
the Certification Authority several principles should be taken into
account, i.e.: to conform to international standard, to provide the
legislative framework for CA, and not to over-regulate. Session 3: PANEL PRESENTATION Paper 3: Uniform Rules on Electronic Signatures and Its
Implications and Implementation of IT Legal Measures in Sri Lanka Speaker 3: Jayantha Fernando, CINTEC Law Committee, Sri Lanka The main points of Mr.
Fernando’s paper are: 1.
Factors contributed that led
some countries being ahead from others in the field of ICT are good
infrastructure and sound legal and legal regulatory environment. 2.
Creating a conducive legal environment for
e-commerce or e-transactions requires the consideration of two areas i.e.:
substantive legal issues and regulation of service provider. 3.
One of the central legal challenges posed by
e-commerce is the ability of contract and commercial law to adapt to the
e-environment. 4.
Electronic signatures provide an effective method to securely prove
origin, receipt and integrity of transaction. 5.
Uniform rules on e-signature is an important step in providing
countries with a framework for legislation on e-signature and ensures
technology neutrality Mr. Fernando recommended the
following items: 1.
Regulatory and legislative process should be
transparent in which key stakeholders should have access to
draft laws, regulations and be part of the Legal Reform process. 2.
Legislation should establish technology neutral
framework 3.
Allow market to develop e-signature standards Session 4: PANEL PRESENTATION:
Implementation of Laws Relating to IT and E-Commerce in NAM Member
Countries Paper 4: Implementation of E-Commerce Laws in Brunei Speaker 4: Pg.Kasmirhan Tahir, Attorney General’s Chambers, Brunei Darussalam
The main points addressed by
Mr.Tahir are as follows: 1.
Electronic Transaction Order is meant to encourage
local business and consumer confidence in e-commerce. 2.
Electronic Transaction Order is not intended to
regulate activities on the web nor to alter any existing legal rights or
obligations between the parties. Mr. Tahir suggested the
following ideas: 1.
Electronic Transaction Order should be technologically and media neutral (no
discrimination between paper-based and electronic-based transactions. 2.
Areas covering data protection
and privacy, and convergence law should also be explored. 3.
Countries which share a common legal system should promote
cooperation and seek for assistance from neighboring countries. Paper 5: Indonesia and the Regulations on E-Commerce Speaker 5: Mieke Kantaatmadja and Atip Latifulhayat, Cyber Law Centre, Indonesia The key points addressed by the
two speakers are as follows: 1.
The fast development of IT brought the awareness
that present laws are not always adequate to meet legal issues in
e-commerce transactions. 2.
Harmonization of laws should be internally
consistent and internationally interoperable 3.
A set of internationally acceptable rules and
principles guides states in removing legal uncertainties in the electronic
environment. 4.
Harmonization of laws will not exclude the existence
of respective national legal system, but will absorb the basic principles
which should exist. 5.
The Certification Authority shall have the function
to publish, monitor and secure certified digital signatures. The speakers suggested the
followings: 1.
Regulations which are preventive, directive and
futuristic should be created 2.
Harmonization and legal uniformity at the regional
as well as international level should be encouraged. 3.
Two forms of legislation are proposed i.e.: partial approach and umbrella provisions 4.
An institution/body whose function is to coordinate,
consult and mediate the society in its participation in IT development. 5.
The issuance of certificate of trade worthiness for
trader doing business electronically should be set up. 6.
A Certification Authority to validate
electronic/digital signatures should be established Paper 6: Regulatory Regime for Service Business Relating to
Electronic Transactions: Thai Legislation Speaker 6: Orada Teppayayon, National Electronic & Computer Technology
Center, Thailand The important points conveyed by
Ms.Teppayayon are: 1.
The IT laws development project is to facilitate
electronic activities environment and furthermore will promote confidence
of foreign investors. 2.
Electronic Transactions Act (ETA) in Thailand is
intended to cover every aspect of the use of data message by means of
electronic methods. 3.
Certification Authority (CA) is considered as one of
the most significant services for authentication in the open network. 4.
Resistance to adopt IT law still exists since it is
still considered applicable only for international trade and not for
domestic commercial activities. 5.
Another challenge to fully implement
the IT law is the different level of e-readiness among the society. Ms. Teppayayon recommended the
followings: 1.
CA is suggested to be operated by government or
private sectors and should have various systems to regulate this
particular service business. 2.
Some
systems which have been already adopted by some countries are mandatory
system and voluntary system Paper 7: Opportunities and Restrictions of E-Commerce Law in
the Republic of Belarus Speaker 7: Boris N.Panshin, International Public Association for Promotion of
E-Trade, Belarus The main points addressed by Mr.
Panshin are as follows: 1.
The most actual questions of regulation of
e-commerce are responsibility of information providers, protection of
intellectual property, and legal regulation of Internet. 2.
Legal Control in e-commerce should cover two main
business areas i.e.: legal control in B2C (business to consumer) and legal
control in B2B (business to business). 3.
The
main platforms for the development of e-commerce law are technological
neutralization and unification of national legislation. Mr. Panshin suggested the
following ideas: 1.
There should be interaction of state and public
institutions in creation of the uniform legal base of e-commerce on the
basis of advanced world experiences. 2.
Create special ”cyber jurisdiction”
based on the concept of “cyber limits” i.e. defined not by
nationality of site but its directory of offered goods and services. 3.
E-commerce
should be implemented on the basis of the general rules of law. 4.
Use
of electronic signatures should be adjusted by independent standard act. 5.
Establish
a special legal institution and procedures as well unification and
simplification of rules which regulate e-commerce. 6.
Promote
acceptance of international standard. 7.
Rules
of taxation of electronic bargain and business accounting must be
formulated. Paper 8: E-Law and E-Commerce in Guatemala Speaker 8: Rene Stuardo Lavidalie , SEGEPLAN, Guatemala Mr. Lavidalie pointed out the
followings: 1.
Establishment of e-commerce law aims to create a
legal framework to develop a secure electronic negotiation mechanism. 2.
The establishment of e-commerce law will promote
e-commerce activities and make the country more competitive in a
globalized market. 3.
Digital signatures will be the mechanism to provide
security and trust between parties. Mr. Lavidalie recommended the
followings: 1.
Certification entities should be established. 2.
There should be public key and private key for subscribers to
identify identification purposes in electronic transactions.
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