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SETTING THE SCENE LEGAL AND REGULATORY FRAMEWORKS FOR THE KNOWLEDGE ECONOMY

Presented by Angeline Vere . Introduction. Over the years there has been a paradigm shift in what constitutes the primary wealth creating assets .16th century land and labour were the main means of production. 18th century saw the transition of the global economy to an industrial focus where lab

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SETTING THE SCENE LEGAL AND REGULATORY FRAMEWORKS FOR THE KNOWLEDGE ECONOMY

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    2. Presented by Angeline Vere

    3. Introduction Over the years there has been a paradigm shift in what constitutes the primary wealth creating assets . 16th century land and labour were the main means of production. 18th century saw the transition of the global economy to an industrial focus where labour and capital become the fundamental wealth creation components. 20th century gave birth to information communication technologies which are knowledge driven.

    4. Introduction- Knowledge economy “knowledge has become perhaps the most important factor determining the standard of living – more than tools , than labour. Today’s most technologically advanced economies are knowledge –based” economic growth is driven by the accumulation of knowledge.

    5. Introduction - Enabling environment for the knowledge economy Components of an appropriate enabling environment include:- Ensuring that the playing field allows for healthy competitions in the ICT sector Developing financial system to mobilize capital to its most productive uses Adoption of an appropriate legal and regulatory framework Creation of an environment which offers basic assurances such as security, integrity, authenticity, confidentiality and data protection /privacy

    6. Introduction-level of attainment of knowledge economy Countries that have advanced economies such as Japan, Germany, Australia, United Kingdom and United States of America have all embraced e-commerce activities, as a way of life and enacted cyber legislation to regulate e-commerce activities Africa is lagging behind and for the following reasons lack of technologically advanced telecommunications infrastructure lack of legal and regulatory frameworks supportive of ICT developments the high rate of illiteracy

    7. DEFINITION OF CYBER LAW Cyber law has been defined as “the law which describes the legal issues related to use of inter-networked information technology (the intersection of technology and law)”. Cyber law is the law governing computers and the Internet. Cyber law encompasses issues such use of electronic and digital signatures, computer crime, intellectual property, data protection and privacy, electronic authentication, liability and dispute resolution .

    8. AREAS OF FOCUS current status of cyber laws in Africa what is being done at REC level to ensure that member countries enact cyber laws legal issue to be covered by cyber legislation existing templates to be used highlights of best practices recommendations on where ECA could assist in adoption of appropriate legal and regulatory frameworks for the knowledge economy.

    9. CURRENT STATUS OF CYBER LAWS IN AFRICA an increasing number of African countries have embarked on designing and formulating ICT policies, the majority of them are still in the early stage of cyber legislation development and enactment . only about five countries have moved ahead of other African countries and have enacted cyber legislation .

    10. CURRENT STATUS OF CYBER LAWS IN AFRICA Tunisia enacted the Electronic Commerce law of 2000 Egypt passed Law No. 15/2004 on E-Signature and established of the Information Technology Industry Development Authority (ITIDA) . Morocco promulgated Comite Interministeriel pour le Development et la Promotion du Commerce Electroniqu South Africa passed the Electronic Communication and Transactions Act No. 25/2002. Mauritius has enacted the Electronic Transaction Act 2000 and Regulations – The Information Technology (Miscellaneous Provisions) Act 1998

    11. CURRENT STATUS OF CYBER LAWS IN AFRICA Other African countries which have made significant progress in the preparation and drafting of legislation on e-commerce include :- Kenya -The Kenya Communications (Amendment) Bill was published in August of 2008. In the same month, the bill went through the first reading in parliament. Tanzania -the Tanzania Law Reform Commission to the Ministry of Justice and constitutional affairs proposed separate bills on Cyber crimes, regulation of electronic transactions and e-communications, privacy and data protection and the amendment of the Evidence Act (1967 . The Bills are still to be enacted.

    12. CURRENT STATUS OF CYBER LAWS IN AFRICA Uganda - draft electronic laws the E-transaction bill, the Computer misuse Bill and The Electronic Signature Bill were approved by the cabinet on 16 January 2008. Still to be debated in parliament. Ghana -drafted the Telecommunication Bill, Electronic Transactions Bill and the National Information Technology Agency Bill. The bills have not yet been adopted. In addition most African countries have in their NICI e- strategy plans outlined as one of their objectives, the need to develop the cyber legislation. Included in this category are countries such as Cameroon, Chad, DRC, Liberia, Malawi, Niger, Nigeria, Burundi, Gambia, Mozambique and Swaziland.

    13. INITIATIVES AT RECs LEVEL TO DEVELOP CYBER LEGISLATION The Southern African Development Community (SADC) SADC and the USAID-funded dot-GOV Southern African ICT and Policy Reform Support ("SIPRS") Project collaborated to develop the SADC Model E-Commerce law to harmonize the legal framework for Electronic Commerce . The draft version was tabled at the SADC workshop on harmonization of e-commerce laws in Johannesburg SA on 24 November 2003. The model addresses core e-commerce issues, such as cyber crime, intellectual property rights, and privacy concerns.

    14. INITIATIVES AT RECs LEVEL TO DEVELOP CYBER LEGISLATION The Common Market for Eastern and Southern Africa (COMESA) in the East and Southern Africa (COMESA) The formulation of the COMESA ICT strategy emerged at the experts’ group meeting of February 2006 and was adopted by the Council of Ministers meeting in 2007. It was also presented to the 6th meeting of the Association of Regulators of Information and Communication of East and Southern Africa (ARICEA) / COMESA in Cairo Egypt in February 2008.

    15. INITIATIVES AT RECs LEVEL TO DEVELOP CYBER LEGISLATION The Economic Community of the West African States (ECOWAS) September 2004 a situational assessment survey was conducted- findings were that there was no appreciable legislation on e-Commerce in member states . A workshop was organized by ECA in Ouagadougou in December 2006. The workshop proposed that a legal framework for e-Commerce and related activities had to be formulated and draft guidelines were to be drafted and circulated to member states . 11 December 2007 in Lome, Togo the participants from the ECOWAS states adopted new guidelines on combating cyber crime in the sub-region.

    16. INITIATIVES AT RECs LEVEL TO DEVELOP CYBER LEGISLATION The East African Community (EAC) 2006 several EAC workshops were organised which focused on the area of e-commerce. The workshops agreed on the need to formulate a Regional task force to spear head and develop model cyber laws. The task force was constituted at the first task force meeting in Arusha (Tanzania) on 28 -30 January 2008. Two other task force meeting took place thereafter in Kampala (Uganda) June 2008 and Bujumbura (Burundi) 10-11 Sept 2008. A draft framework was submitted to EAC in December 2008 and all member states agreed to have cyber laws in place by 2010. In June 2009 a meeting will be held by the task force to review the progress being made in developing national cyber laws.

    17. INITIATIVES AT RECs LEVEL TO DEVELOP CYBER LEGISLATION The Arab Maghreb Union (UMA) ECA initiated a study on e-commerce in Egypt, Morocco, Mauritania and Tunisia. The study was initiated after the seminar held in Tangiers on the topic ICT and the development of trade between countries of Arab Maghreb Union . Trade Forum on “Trade for Growth and Job Creation” held in Marrakech , Morocco from 19- 21 February 2007 came up with a proposal for the setting up of a regional commerce platform.

    18. LEGAL ISSUES TO BE COVERED BY CYBER LAWS contract validation and legality of electronic transactions. e-signature and e- payment. consumer protection and cyber security. intellectual property rights. data protection and privacy. e-jurisdiction , liability and dispute settlement E- commerce and e-taxation.

    19. OVERVIEW OF EXISTING CYBER LAW TEMPLATES UNICTRAL MODEL LAW ON E-COMMERCE (1996) It is a draft law which has the essential procedures and rules for validation of contracts and data messages, interpretation of principles of contract such as time and place of contracting and formalities of writing and signature in so far as electronic transactions are concerned. UNICTRAL MODEL LAW ON E-SIGNATURE (2001) The model law provides for the legal recognition of e-signatures .

    20. OVERVIEW OF EXISTING CYBER LAW TEMPLATES UNITED NATIONS CONVENTION ON THE USE OF ELECTRONIC COMMUNICATION IN INTERNATIONAL CONTRACTS (2005) This convention applies to the use of electronic communications in connection with formation of contracts between parties in different states. THE COUNCIL OF EUROPE’S CONVENTION ON CYBER CRIMES ( 2001) The Convention seeks to harmonise criminal substantive law element of offences and connected provisions in the area of cyber crime and also provide domestic criminal procedures powers necessary for investigation of offences committed by means of computer systems or evidence in relation to which is in electronic form.

    21. OVERVIEW OF EXISTING CYBER LAW TEMPLATES SADC MODEL LAW ON E- COMMERCE Key provisions of the model are drafted to establish equivalence between paper documents and electronic messages. It also includes consideration of electronic transactions, electronic signatures, and data protection and privacy In addition cyber laws enacted by other countries may be used as templates.

    22. HIGHLIGHTS OF BEST PRACTICES Focus on global harmonisation, regional and international interoperability- The laws need to conform to international standards and international models in order to be integrated with the global legal framework. the cyber law should be technology neutral- that way the law flexible and able to adapt quickly to the fluid global environment. Separate Acts for different aspects of e-commerce - Enactment of stand alone electronic transactions acts encouraged

    23. HIGHLIGHTS OF BEST PRACTICES Establishment of regulatory bodies to regulate the provision of authentication services - need for a separate regulatory body to deal with authentication of e-signatures and data messages . Need specific law on cyber crimes - There are limitations on relying on common law crimes

    24. RECOMMENDATIONS ON HOW ECA COULD ASSIST IN ADOPTION OF CYBER LAWS Awareness raising Capacity building of e- commerce institutions and human capital Encourage co-operation and networking among African countries in the area of developing the cyber legislation.

    25. THANK YOU

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