Law in cyber space

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Law in cyber space

Commonwealth Secretariat, c2001

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Description and Table of Contents

Description

This publication contains the reports and recommendations of two Commonwealth expert groups considering issues relating to law and information technology. The aim of each group was to identify the essential components of laws needed to deal with technology. The groups sought to ensure that their recommendations took account of the needs of Commonwealth small and developing states. The first part considers the legislative framework necessary for effective e-commerce, in particular considering how best to implement the Model Law produced by the United Nations Commission on International Trade Laws (UNCITRAL). Related issues such as consumer protection, privacy, dispute resolution and general evidence provisions are also examined. The second part examines the specific criminal law issues relating to information technology, with particular regard to the draft Council of Europe Convention on Cyber-crime. The report reviews the substantive offences necessary to combat computer and computer-related criminal activity and gives detailed consideration to procedural issues such as search and seizure powers, production and preservation orders and the interception of electronic communications. Consideration is also given to international co-operation relating to computer crime and other related issues.

Table of Contents

A. Background The expert group participants B. Report of the Expert Working Group on Legal Aspects of Information Technology and the Related Law of Evidence (London 26-30 June 2000) Part One: Additions/Changes to the UNCITRAL Model Law 1. Issues arising from Chapter I of Model Law 2. Issues arising from Chapter II of UNCITRAL Model Law 3. Issues arising out of Chapter III of the UNCITRAL Model Law 4. Issues arising out of Part Two of the Model Law - Carriage of Goods Part Two: Specific Issues I. Consumer Protection II. Privacy III. Jurisdiction IV. Dispute Resolution V. Copyright VI. Human Rights and Related Issues VII. Evidence C. Report of the Expert Working Group on a Model Law for Computer Crime and Related Criminal Law Issues (London 10-14 July 2000) I. Model Law II. International Co-operation Recommendations III. Recommendations on Digital Evidence Forensics Appendices

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