text:
Abstract Algebra/Sets and Compositions

A set is a grouping of values, and are generally denoted with upper-case letters. For instance, let's say that A is the set of all first names that start with the letter 'A'. From this definition, we can see that "Andrew" is a member of set A, but "Michael" is not.

Common Sets
Here are some of the common sets:

$$\mathbb{N}$$: The Natural Numbers $$\mathbb{Z}$$: The Integers $$\mathbb{Q}$$: The Rational Numbers $$\mathbb{R}$$: The Real Numbers $$\mathbb{C}$$: The Complex Numbers

The Natural Numbers are the set of non-negative and non-zero integers $$\{1, 2, 3, 4, \ldots\}.$$ The Integers are all the natural numbers, their negative counterparts and zero $$\{\ldots, -2, -1, 0, 1, 2,\ldots\}$$. The Rational numbers are all the numbers that can be formed as a fraction of two integers with a non-zero denominator. The Real numbers include the rational numbers, and also includes all the numbers that cannot be formed as a ratio of two integers. The Complex numbers are all the numbers that involve the imaginary number, i. Notice that C can contain numbers that are imaginary (no real part), real (no imaginary part) and complex (real and imaginary parts).

Set Notation
Frequently, it is required that we define a set by a specific mathematical relationship. For instance, we can say that we want to define the set of all the even integers. Since $$\mathbb{Z}$$ is the set notation for integers, we can say:

 * $$\{x\in \mathbb{Z}: x \mbox{ mod } 2 = 0\}$$

In English, this statement says "All x in set $$\mathbb{Z}$$ such that x modulo 2 equals zero". Or, if we are not familiar with the modulo operation, it is perfectly acceptable to use plain English when defining our set:

 * $$\{x \in \mathbb{Z}: x \mbox{ is even}\}$$

The colon here is read as "such that". This notation will come up a lot in the rest of this book, so it is important for the reader to familiarize themselves with this.

$$a \in A$$ denotes that $$a$$ is an element of A.

Set Operations
A subset S of a set A is a set such that $$s \in S \to s \in A$$. This is denoted as $$S \subset A$$.

The intersection of two sets A and B is the set $$A \cap B = \{s: s \in A \land s \in B\}$$.

The union of two sets A and B is the set $$A \cup B = \{s: s \in A \lor s \in B\}$$.

If $$S \subset A$$, the set $$A-S=\{ s: s \in A \land s \notin S \} $$.

Cartesian Product
A cartesian product between two sets shows the domains of two or more variables. For instance, if we have the variables x and y, and the sets A and B, we can use the cartesian product to show the domains of x and y in terms of A and B:

 * $$A \times B = \{(x, y): x \in A, y \in B\}$$

Compositions
Compositions are operations on a set that act on numbers of the set, and return a value that is in that same set, that is if $$A$$ is a set, a composition is a function $$*:A\times A\to A$$
 * For instance, addition between two integers produces an integer result. Therefore addition is a composition in the integers. Whereas division of integers is an example of an operation that is not a composition, since $$1/2$$ is not an integer.

If we have a set $$A$$, we say that a composition acts on $$A \times A$$ and produces a result in $$A$$. This is also known as closure.

Associativity
A composition Δ is said to be associative if:

 * $$(A \Delta B) \Delta C = A \Delta (B \Delta C)$$

For instance, the addition operation is an associative operation over the integers, Z:

 * $$(1 + 2) + 3 = 6 = 1 + (2 + 3)$$

Notice however, that subtraction is not associative:

 * $$(1 - 2) - 3 = -4,\qquad 1 - (2 - 3) = 2$$

Commutativity
A composition Δ is said to be commutative if:

 * $$A \Delta B = B \Delta A$$

For instance, multiplication is commutative because:

 * $$ 2 \times 3 = 6 = 3 \times 2$$

Notice that division is not commutative:

 * $$ 2 \div 3 = \frac{2}{3}, \qquad 3 \div 2 = \frac{3}{2}$$

Neutral Element
A Neutral Element (or Identity) is an item in E such that a composition in E $$\times$$ E into E returns the other operand. For instance, say that we have a composition Δ, a neutral element $$e \in E$$, and a non-neutral element $$x \in E$$. If Δ is commutative, we have the following relation:

 * $$ e \Delta x = x \Delta e = x$$

For instance, in addition, the neutral element is 0, because 1 + 0 = 1. Also notice that in multiplication, 1 is the neutral element, because 1 × 2 = 2.

Each composition may have only one neutral element, if it has any at all. To prove this fact, let's assume a composition Δ with two neutral elements, e and f:

 * $$e \Delta f = e$$

 * $$f \Delta e = f$$

But since e and f are commutative under Δ by definition, we know that e = f.

Ordered Pairs
Ordered pairs are artificial constructions where we set two values into a specific order. More formally, we can define an ordered pair as the set

$$(a,b)=\{\{a\},\{a,b\}\}$$

Let's say that we have two ordered pairs, A and B, comprised of values $$a_1, a_2,  b_1$$  and $$b_2$$ respectively:

 * $$A = (a_1, a_2)$$
 * $$B = (b_1, b_2)$$

We can see that $$A = B$$ if and only if

 * $$ a_1 = b_1 \mbox{ and }  a_2 = b_2$$

Functions
A function is essentially a mapping that connects two values, x and y. We use the following notation to show that our function f is a relationship between x and y:
 * $$(x, y) \in f$$

Notice that x and y form an ordered pair: If we reverse the order of x and y, the relationship will be different (or non-existent). We say that the set of possible values for x is the domain, D, of the function, and the set of possible y values is the Range, R.   In other words, using some of the terms we have discussed already, we say that our function f maps from "D × R into R".

Inverses
If f is a function in D × R, to R, then f−1 is the inverse of f if it is in R × D to D, and the following relationship holds:

 * $$(x, y) \in f, \qquad (y, x) \in f^{-1}$$

Exercise

 * Of the four arithmetic operations, addition, subtraction, multiplication, and division, which are associative? commutative?
 * Using the definition of the ordered pair as a model, give a formal definition for an ordered n-tuple: $$(a_1,a_2,\ldots a_n )$$

title: Abstract Algebra/Sets and Compositions


text:
User:Jsheyl

Jeremy Heyl is a professor of physics and astronomy at the University of British Columbia in Vancouver, Canada.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: User:Jsheyl


text: Engineering Tables/Hilbert Transform Table


text:
Wikijunior:Languages/Telugu

What writing system(s) does this language use?
Telugu is written using the modern Telugu script which evolved from the Vijaya script of Vijayanagara days;similar to the Kannada script. Just like the Latin alphabet, the Telugu script has letters representing vowels and consonants. In addition, unlike the Latin alphabet, there are letters representing combinations of vowels and consonants! For example, to represent 'PA' using Telugu script we have to combine the consonant ప్ (P) with the vowel అ (A) to form ప (PA). This type of letters are simply called as gunintalu or vowel-consonants. The Tamil script has 16(+2/+3) vowels, 39 consonants and 624 vowel-consonants (16 vowels x 39 consonants = 624 vowel-consonants). In addition, there is a special letter called arasunna (ఁ) which is classified as neither a consonant nor a vowel. Hence, the complete script is comprised of 625 letters! Though many of them may not be in use. In accordance with pronunciation, written form may differ from spoken form. In Telugu, vowels are called Achchulu which means soul-letters, consonants are called Hallulu which means body-letters and vowel-consonants are called Gunintalu which means body & soul letters. Do you have any idea of why vowels are called as souls? It is because they give life (sound) to the soundless bodies - consonants! The Telugu script looks very different from the letters you are reading now. For example the word Telugu written in the Telugu script is in the image on the left.

How many people speak this language?
Approximately 74 million people speak Telugu as their native language. It is the third most widely spoken language in India after Hindi and Bengali.

Where is this language spoken?
Telugu is a language primarily spoken in South India. It belongs to Dravidian group of languages. Including non native speakers, there are nearly 90 million people speaking Telugu in Andhra Pradesh alone. But they are also present in the USA, the UK, Malaysia, Fiji Islands, Mauritius, and South Africa where people that speak Telugu have traveled to.

What is the history of this language?
Telugu is one of the oldest languages in the world, the old form of Telugu dates back to 1000 BC. Early inscriptions were found in the 6th century AD. But proper literary work started five centuries later in the 11th century. Sanskrit, the oldest language of India, has had an enormous impact on Telugu in modern times and many of its words have seeped into Telugu. Telugu was given the highest position by Srikrishna Devaraya, a king of the Vijayanagar empire. During his reign Telugu was highly revered and was also the language of the state.

Who are some famous authors or poets in this language?
Nannayabhattarakudu, is the first poet in Telugu and called "Aadi Kavi" meaning the first poet. He translated Mahabharata, the great epic from Sanskrit to Telugu in 1020 AD.

What are some basic words in this language that I can learn?
తెలుగు వెలుగు - light బ౦తి - Ball ఆవు - Cow అమ్మ - Mother

What is a simple song/poem/story that I can learn in this language?
This is a famous poem by Vemana.

Uppu karpurambu, okka polikanundu,

chooda chooda ruchula, jaada veriah,

purushulandu punya purushulu veriah,

Viswa dhabi rama vinura vema.

Meaning:

"The look of salt and camphor are same. They can be differentiated only by taste. In the same manner, There will be a difference in men and great men though they look same. O Lord of Universe rama, listen to the of Vema."

title: Wikijunior:Languages/Telugu


text:
Relational Database Design

This book is intended for students that have at least an undergraduate introduction to elementary computer science.

Table of contents

 * /Introduction/
 * /Basic Concepts/
 * /Constraints/
 * /Relationships/
 * /Normalization/
 * /Retrieving data/
 * /Logical vs. Physical design/
 * /Transactionality/

title: Relational Database Design


text:
User:Tiberus:AS

This is a sandbox for me to refine Programming:Action_script changes before comitting them.

=Introduction=

MTASC
Actionscript 2 Compiler

Code must be formed as a class.

Class filename{ public statuc main{ _root.createTextField('monkey',_root.getNextHighestDepth); _root.monkey.text = ""; } }

Haxe
Actionscript 2/3 and Javascript Compiler

SSWF
http://sswf.sourceforge.net/index.html

=Tutorials=

Simple Actions
=Language Reference=

Actionscript 1
Used for Flash Player < 6

Actionscript 2
Used for Flash Player > 6 Flash 8

Actionscript 3
Used for Flash Player >= 9 Flex 2

Flash Lite
For Mobile Phones

Variables
Any word not enclosed by a quotes, appended by parenthesis, or preceded on the same line by a comment.

foo = "bar"; // This is a variable with the value "bar" bar = foo; // This is a variable that references the value from foo bar = foo + " bar " + foo; // This would have the value "bar bar bar"

Constants
A constant is defined by the _global prepention.

_global.sherif = "Rockin' the Cashbah";

The variable sherif will now be usable from any movieclip or frame that calls it using sherif. One only needs to instantiate the variable with _global for it to work.

Types
=See Also= http://en.wikipedia.org/wiki/Actionscript http://en.wikibooks.org/wiki/Programming:JavaScript

=Links=

title: User:Tiberus:AS


text:
Legal and Regulatory Issues in the Information Economy

Table of Contents

 * /Preface/
 * /Introduction/
 * /The Rule of Law and the Internet/
 * /Jurisdiction and Conflicts of Law/
 * /Legal Recognition of Electronic Documents and Electronic Signatures/
 * /Ideas Trade Secrets and Intellectual Property/
 * /Domain Name Disputes/
 * /Consumer Privacy and Protection/
 * /Cybercrimes/
 * /Censorship or Content Regulation/
 * /Further Reading/
 * /Notes/
 * /Acknowledgements/
 * /Authors/

Information
This book is donated by UNDP Asia-Pacific Development Information Programme (UNDP-APDIP) to the community. The original publication by

Author: Rodolfo Noel S. Quimbo

© UNDP-APDIP, 2003, 45 pages

is located at http://www.apdip.net/publications/iespprimers/eprimer-legal.pdf

This wikibook is available under the terms of GNU Free Documentation License and Creative Commons Attribution License 2.5


text: Category:Book:Legal and Regulatory Issues in the Information Economy


text:
Legal and Regulatory Issues in the Information Economy/Preface

Preface to the First Edition
One of the many challenges facing the countries in the Asia-Pacific today is preparing their societies and governments for globalization and the information and communication revolution. Policy-makers, business executives, NGO activists, academics, and ordinary citizens are increasingly concerned with the need to make their societies competitive in the emergent information economy.

The e-ASEAN Task Force and the UNDP Asia Pacific Development Information Programme (UNDP-APDIP) share the belief that with enabling information and communication technologies (ICTs), countries can face the challenge of the information age. With ICTs they can leap forth to higher levels of social, economic and political development. We hope that in making this leap, policy and decision-makers, planners, researchers, development practitioners, opinion-makers, and others will find this series of e-primers on the information economy, society, and polity useful.

The e-primers aim to provide readers with a clear understanding of the various terminologies, definitions, trends, and issues associated with the information age. The primers are written in simple, easy-to-understand language. They provide examples, case studies, lessons learned, and best practices that will help planners and decision makers in addressing pertinent issues and crafting policies and strategies appropriate for the information economy.

The present series of e-primers includes the following titles:

 * The Information Age
 * Nets, Webs and the Information Infrastructure
 * e-Commerce and e-Business
 * Legal and Regulatory Issues for the Information Economy
 * e-Government,
 * ICT and Education
 * Genes, Technology and Policy: An Introduction to Biotechnology

These e-primers are also available online at http://www.eprimers.org and http://www.apdip.net.

The primers are brought to you by UNDP- APDIP, which seeks to create an ICT enabling environment through advocacy and policy reform in the Asia-Pacific region, and the e-ASEAN Task Force, an ICT for development initiative of the 10-member Association of Southeast Asian Nations. We welcome your views on new topics and issues on which the e-primers may be useful.

Finally, we thank all who have been involved with this series of e-primers-writers, researchers, peer reviewers and the production team.


text:
Legal and Regulatory Issues in the Information Economy/Introduction

Introduction from the author
As the Internet’s sphere of influence as a communications network widens to include commercial and other exchanges, legal authorities have become more interested in asserting authority over it and the activities of those who use it. The legal questions arising from the increasingly complex world of the Internet has raised questions about the role and the rule of law in this new domain. These concerns range from the nature of self-identity to national sovereignty.

This primer aims to help developing nations define and determine their requirements for shaping appropriate e-commerce legislation, as well as corresponding regulatory and institutional frameworks that balance such complex issues as competition, privacy, consumer protection, equal access/opportunity and intellectual property.

The primer also discusses the implications for developing countries in the Asia Pacific of failure to or delay in putting in place the appropriate legal/policy and regulatory infrastructure necessary for them to participate in the information economy.


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Legal and Regulatory Issues in the Information Economy/The Rule of Law and the Internet

The Rule of Law and the Internet
As technology grows by leaps and bounds, the laws have to be made more responsive to changing times. The lack of a legal framework, in many jurisdictions, to address problems of validity of electronic transactions is a significant barrier to the growth of e-commerce. For one thing, while there are laws on contracts and other business transactions, these require written, signed, or so-called “first” documents. In e-commerce transactions, however, electronic data or documents or digitally signed contracts make up the whole transaction.

To address this conundrum, the United Nations Commission on International Trade Law (UNCITRAL) has drafted a model law on e-commerce that can serve as a guide for governments when they draft their own e-commerce laws.

What principles underpin the UNCITRAL Model Law?
The UNCITRAL Model Law operates on the following principles:

 * Equivalence: Electronic communications shall be the functional equivalent of paper-based documents. Given proper standards, electronic documents can be treated and given the same value as paper documents.
 * Autonomy of contracts: Contracts may be in the form of electronic documents. However, this should not result in a change in the substantive terms and conditions of a transaction.
 * Voluntary use of the electronic communication: Parties may choose to enter into an electronic transaction or not at all. It is not mandatory.
 * Solemnity of the contract and the primacy of statutory requirements respecting formalities of contracts: The requirements for a contract to be valid and enforceable, such as notarization, remain the same.
 * Application to form rather than substance: The law should be applicable to the form rather than the substantive terms of the contract. Whatever statutory elements are required to be present must still be present, e.g., consent freely given, an object, cause or consideration.
 * Primacy of consumer protection laws: Consumer protection laws may take precedence over the provisions of the Model Law.

What kind of protection does the Model Law seek to provide?
The Model Law hopes to provide adequate legal protection for those who wish to engage in e-commerce. It ensures that electronic transactions are legally recognized and that a course of action, if necessary, is available and may be taken to enforce transactions entered into electronically.


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Legal and Regulatory Issues in the Information Economy/Jurisdiction and Conflicts of Law

It has been said that: “For several years, some of the most difficult legal issues on the Internet have involved one of the medium’s greatest assets: its lack of boundaries. Although the free-flowing, borderless nature of cyberspace has revolutionized communication and commerce, it has also led to many lawsuits. And, as if resolving those lawsuits weren’t difficult enough, it’s often just as tough to determine where they should take place.”

When is there conflict of laws?
A resident of Manila who decides to file a malpractice suit against a Manila-based doctor who had done her an injury may do so in a Manila court. The Manila courts have jurisdiction over the doctor. But if the injured person later on moves to Hanoi, and decides to file the case there, the doctor in Manila will surely object-and validly-that no Hanoi court can have personal jurisdiction over him. That’s an easy case.

Consider a Web site selling pornographic materials set up in Hong Kong, hosted in the Caribbean, with a Web master residing in the Netherlands and owners who are British nationals, and broadcast throughout the world? If a complaint for pornography were to be filed, whom do you sue and where do you sue them?

For our third case, suppose A, in Hanoi, enters into a contract for the delivery of heavy machinery with B, in Yangon. If B fails to deliver the goods, where does A file the case? If A files the case for breach of contract in a Hanoi court, how does the Hanoi court acquire jurisdiction over B?

These examples show that jurisdiction is not straightforward in the Internet.

How can jurisdiction be asserted or acquired?
In the United States, there are ways by which courts are able to acquire jurisdiction over Web-based activities:

 * 1) Gotcha. Where the court obtains jurisdiction over an out-of-State defendant, provided that when he visits the State, that person is served with a summons and a complaint (documents that give the person notice of the lawsuit). This was applied to the case of the Russian programmer sued by the publishers of e-book (Adobe). While attending a convention in Nevada, he was served with a notice and was subsequently arrested.
 * 2) Causing an injury within the State. An Internet business can also be subject to jurisdiction for purposefully causing an injury in another state. This principle derives from a series of cases where courts of another State acquired jurisdiction over non-residents who entered the State, caused an accident and left. If someone uses the Internet to cause an injury in one State, the person causing the damage may be hauled into court in the State where the injury occurred. In cases where the connection between the activity and the injury is not clear, courts also look for evidence that the activity was “purposefully directed” at the resident of the forum State or that the person causing the injury had contacts with the State.
 * 3) Minimum contacts. A business or person with sufficient contacts with a particular State can be hauled to court even if he/she does not live or has a business in that State. Usually, the basis is the regularity of solicitation of business, derivation of substantial income from goods or services sold in that other State, or engaging in some other persistent course of conduct there. For example, passive Internet sites, which merely advertise but do not really offer to sell goods or services, may be said not to have achieved the required minimum contacts for courts to acquire jurisdiction over them. But with Web sites that actively offer to sell and then subsequently take orders from that State, it can be said that the minimum contacts have been satisfied for purposes of acquiring jurisdiction.
 * 4) Effects. When one’s conduct in cyberspace though emanating from another State creates or results in an injury in another, courts in the latter State can acquire jurisdiction over the offender. To illustrate: A case was filed by the DVD Copy Control Association against the creator of DeCCS, a software that decrypts the copy-protection system in Digital Versatile Discs (DVDs) to allow ordinary CD-ROM drives to play or read DVDs. An issue in the case was whether the courts of California had jurisdiction over the person, who was a student in Indiana when the suit was filed and who later on moved to Texas. The court said that the California courts had jurisdiction, citing a 17-year-old US Supreme Court case involving defamation, because the California movie and computing industry was affected by the “effects” of the defendant’s conduct in Indiana. This decision signals an expansion of personal jurisdiction in cyberspace. If other courts chart their course by California standards, any Web publisher could be hauled to court wherever its site has an effect. The attorney general of Minnesota has issued this statement of caution: “Warning to all Internet Users and Providers: Persons outside of Minnesota who transmit information via the Internet knowing that information will be disseminated in Minnesota are subject to jurisdiction in Minnesota courts for violations of State criminal and civil laws.”

Why is it necessary to establish laws governing jurisdiction?
Due to the global nature of the Internet, it is important to establish which law governs a contract formed, perfected, or conducted online. Without an express choice of governing law, complex and difficult issues can arise. For the time being, it may be prudent for businessmen to determine which existing law and regulations apply and ensure that they are well versed in the local laws of the areas where they wish to set up their Web presence. This is to avoid unexpected liabilities that may arise as well as possible un-enforceability of contracts into which they enter. Better still, when they conduct transactions online, parties must first agree on the legal regimes under which they may operate, so that when a dispute arises, the questions of jurisdiction-what law and what courts-would have already been settled.


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Legal and Regulatory Issues in the Information Economy/Legal Recognition of Electronic Documents and Electronic Signatures

Legal Recognition of Electronic Documents and Electronic Signatures
In an APEC seminar on electronic commerce in early 1998, the uncertain policy environment, among other things, was cited by those from the Asia-Pacific region as a major inhibitor to the growth of electronic commerce. Of particular concern was the uncertainty resulting from the fact that laws are rooted in the paper world, requiring writing, manual signatures, and the creation and retention of original documents using paper.

Take the case of Philippine rules on formation and perfection of contracts. The Philippine Civil Code, enacted in 1950, says that a contract is a meeting of the minds between two persons whereby one person binds him/herself to the other to give something or to render some service. What happens then if one person programs a computer to make successive bids for himself, say on E-bay? As the bids for a particular item goes higher and as his or the Web site’s computer makes bids for him, as programmed, will the successive bids be binding on him, when he had did not commit what in law is referred to as contemporaneous interventions at that time? Would there be a valid meeting of the minds in this case? Assuming that the contract between E-bay and the person is valid, will it be enforceable?

Another problem is the provision called Statute of Frauds, which was adopted from United States rule. The Statute requires that certain contracts, such as an agreement for the sale of goods at a price of no less than five hundred pesos (or about $10.00), or, inter alia, an agreement for the leasing for more than one year or the sale of real property, be made in writing. Unwritten contracts, though valid, cannot be enforced in courts. The Rules of Court also require paper-based documents and not electronic ones.

Clearly there is a need for a change in the legal framework that would not only allow the recognition of electronic documents and/or signatures, but also provide an assurance that the courts will allow these into evidence in cases of disputes.

What Asian countries have enacted e-commerce rules/laws?
In East Asia, Hongkong has enacted the Electronic Transactions Ordinance (effec-tive April 7, 2000; enacted January 7, 2000.), which covers electronic and digital signatures and electronic records. This act is generally applicable to all communications. Japan’s Law Concerning Electronic Signatures and Certification Authorities (effective April 1, 2001; enacted May 24, 2000.) is about digital signatures and is generally applicable to all communications. South Korea’s Basic Law on Electronic Commerce also covers digital signatures and is generally applicable to all communications.

In Southeast Asia, Malaysia has its Digital Signature Bill of 1997, which became effective on October 1, 1998. Singapore’s Electronic Transactions Act of 1998 (enacted June 29, 1998) covers digital and electronic signatures as well as electronic records, and is generally applicable to all communications. Similarly, Thailand’s Electronic Commerce Law (which passed second and third readings in October 2000) covers electronic signatures and is generally applicable to all communications. In the Philippines the Electronic Commerce Act of 2000 (enacted June 14, 2000) encompasses electronic signatures, electronic transactions, and crimes related to e-commerce. The Electronic Transactions Order of Brunei (enacted November 2000) covers electronic contracts, as well as digital and electronic signatures.

India’s Information Technology Act of 2000 (Presidential Assent June 9, 2000; passed by both Houses of the Indian Parliament May 17, 2000; implemented in October 2000) covers digital signatures and electronic records, and is generally applicable to all communications.

In Bangladesh, "Information and communication technology act 2006", amended 2009, is for defining digital crimes and their punishment along with law related with digital signature.

What are the different legislative approaches toward electronic authentication?
It is not easy to classify the existing legislation with respect to electronic authentication because of the many differences that exist. It is possible, however, to sketch the main approaches at a national and international level. Three approaches can be identified: (1) the digital signature approach; (2) the two-prong approach; and (3) the minimalist approach.

What is the digital signature approach?
The digital signature approach is characterized by its focus on the digital signature technique. Legislation under this category is truly digital signature legislation because it regulates (on the basis of) digital signatures. Legislation under this approach is concerned solely with the (evidentiary) status of the digital signature. The approach has three variants:

 * Table 1. Three Approaches to Electronic Authentication

 * Source: “Synthesis,” Approaches in Electronic Authentication Legislation; available from http://rechten.uvt.nl/simone/Ds-art4.htm#sy2

 * 1) Technical variant. The technical variant amounts to setting the digital signature technique as a technical standard by means of a legal instrument. The technical variant does not deal with legal consequences, although such consequences may implicitly follow from the use of digital signatures in accordance with the law concerned.
 * 2) Legal variant. The legal variant of the digital signature approach is found in legislation that specifically regulates digital signatures in order to provide this technique with a legal status similar to that of the hand-written signature. The general purpose of these laws is to provide legal security for the use of digital signatures. Often legislation of this kind also includes the implementation and regulation of a Public Key Infrastructure (PKI).
 * 3) Organizational variant. The organizational variant of the digital signature approach neither sets the digital signature as a technical standard nor provides for explicit legal recognition of the digital signature. Instead, it addresses the organisation of Certification Authorities (CAs) and the use of digital certificates in connection with digital signature applications. The aim is to promote trust and reliability in electronic transactions by ensuring that CAs are reliable and secure.

What is the two-prong approach?
The second approach is called two-prong because of its hybrid way of dealing with electronic authentication. In this approach, legislators aim to make their legislation more time-resistant by addressing certain technological requirements and by leaving room for new technological developments. With this approach, legislation sets requirements for electronic authentication methods that will receive a certain minimum legal status (the minimum prong) and assigns greater legal effect to certain electronic-authentication techniques (the maximum prong). The technologies given this higher legal status are referred to as secure electronic signatures.

What is the minimalist approach?
The minimalist approach does not address specific techniques and therefore intends to be technology-neutral. Legislation relates to the functions that signatures may have to fulfil in trade, and the different levels of reliability with respect to the purposes the signatures are used for. Because the main focus of this approach is on the relevant functions of signatures and the ways in which these functions may be translated into technological applications, it is also called the functionalist approach. Within the minimalist approach, the focus on functions of signatures (and writings) can be more or less explicit.

Which is the better approach?
The market is constantly changing and we do not know what lies ahead with respect to technological and e-commerce developments. Thus, it might be unwise to issue detailed regulations and to determine specific business models, such as the PKI model, since their viability cannot be ascertained.

Viewed in this light, the digital signature approach is seriously flawed. Although the legislators and regulators subscribing to this approach may do so for all the right reasons (legal certainty, trustworthiness with respect to legal matters), we do not recommend the approach as such.

The same is true, but to a lesser extent, of the two-prong approach, which attempts to skirt the uncertainties by presenting an opening for new technologies aside from setting criteria for certain advanced electronic signatures which at present cover digital signatures. The approach is understandable in the sense that there seems to be a strong inclination to look for clear and trustworthy solutions, while at the same time there is a need to leave room for new solutions. Still, within the two-prong approach legislation often deals with issues and situations (e.g., CAs, liability, qualities that focus mainly on certain techniques) that have not yet been determined.

Finally, both the digital signature approach and the two-prong approach are in many instances focused too narrowly on signatures as such and not on formal requirements as a whole.

The minimalist approach taken in the UNCITRAL Model Law offers the most sensible solution to legislators wanting to tackle the problem of formal requirements in their legislation. Under this approach, legal requirements of form are generally dealt with in their entirety. Moreover, the minimalist approach allows for different functions which techniques have to fulfil under national legal systems, while creating room for new techniques and adventitious developments. Recent legislative initiatives recognise the advantages of the minimalist approach and have explicitly taken the UNCITRAL Model Law on Electronic Commerce as an example.


text:
Legal and Regulatory Issues in the Information Economy/Ideas Trade Secrets and Intellectual Property

In the information economy, the possession and safeguarding of ideas are of paramount importance. Ideas themselves are commodities in the information economy. Ideas also provide their owners the competitive edge in the information age. There-ore, it is necessary that a legal regime for the protection of ideas be put in place. The lack of such a legal system will not only stunt growth but also hinder prosperity in the information economy.

How is information used in the Internet?
Today, the Internet works basically by transmitting data and information between and within computer networks. Often, the data and information transmitted are compiled and collected by network administrators to establish a profile of the users. This profile will then be used to tailor-fit products and services for the customers, as well as predict their buying and spending patterns. There are also cases when the data collected are sold to or shared with other companies. These are often large corporations dependent on a revenue stream that consists, at least in part, of personal consumer data. Nearly every modern company in the world today uses personal information, at some level. However, some companies depend on this revenue stream more than others. Among the most well known companies that depend almost entirely on personal information are DoubleClick, which distributes online banner ads, and credit reporting companies such as Equifax and Experian.

It is also important to remember that trade in personal information was widespread long before the rise of the Internet. One of the first companies to discover the value of personal information was the Polk Company, founded in 1870. Polk’s first product was a directory of Michigan-based businesses, organized by railroad station. The idea was to make it easier for consumers who lived near one railroad station to shop near another. In the 20th century, Polk became the country’s leading purchaser of motor vehicle registration records. Polk used the records to contact car owners on behalf of the automotive industry in the event of a safety recall and made profits by combining the make and model of car with census information, and then selling this information to marketers who used it to determine lifestyle, income, and the likelihood of purchasing any given product.

Is information a property right?
Individuals instinctively regard personal information as their individual property and any use thereof without their knowledge and consent as equivalent to “identity theft.” Thus, one school of thought proposes that data or information, specifically personal information, be afforded a corresponding property right and protection so that its use may be granted appropriate monetary value.

This is fundamentally different from the legal architecture currently in place. At present, privacy is protected by a set of liability rules. A person who invades another’s privacy can be sued. If DoubleClick tracks consumers by installing cookies in their computer storage devices, and if enough consumers feel that their collective privacy has been violated, then DoubleClick may be involved in a class action lawsuit. A property regime, on the other hand, gives control and power to the individual holding the property right, and requires negotiation before transference. In a property regime, the rights holder negotiates a price; in a liability regime, a court does.

A property regime, though contentious, has become more and more appealing given the rampant misuse of personal information in the Web. Treating data as a property right and giving it adequate protection may help solve the problem of abuse. However, it may yet become a source of problems in the future.

What is a trade secret?
A trade secret is any formula, pattern, physical device, idea, process, compilation of information or other information that:

 * Provides the owner of the information with a competitive advantage in the marketplace; and
 * Is treated in a way that can reasonably be expected to prevent the public or competitors from learning about it, except through improper acquisition or theft.

In the physical world, trade secrets and ideas are revealed, copied by or sold to business rivals, leaving owners with a diminished competitive advantage. The same is true, and probably easier to do, in the Internet.

How are trade secrets compromised?
Trade secrets can be compromised either through outright theft of the information, or violation of a confidentiality agreement. The former constitutes industrial espionage, which may involve either the old “spy” paradigm or the newer paradigm of the computer hacker. In violations of confidentiality agreements, the obligation of confidentiality that has been breached may be an implied obligation, as with a company employee who is expected not to act against the interests of the company, or an explicit, contractual obligation signed between two companies.

Are there ways of protecting trade secrets?
To emphasize the need for confidentiality, and to ensure proof of the existence of such an obligation, it has become customary in most high tech companies to require employees to sign a confidentiality agreement.

A trade secret owner can enforce rights against someone who steals confidential information by asking a court to issue an order (called an injunction) preventing further disclosure. It can also collect damages for any economic injury suffered as a result of the trade secret’s improper acquisition and use.

An example of a trade secret violation suit involved Wal-Mart and Amazon.com. In October 1998, Wal-Mart filed suit in Arkansas against Amazon.com “to bring an immediate stop to what appears to be a wholesale raiding of its proprietary and highly confidential information systems by Amazon.com and others through the use of former Wal-Mart associates.” In dismissing the suit, the court said it should have been filed in Washington State, where Amazon is based.

In January 1999, Wal-Mart again sued Amazon.com and its protégé, Drugstore.com, but this time in a Washington state court. The lawsuit alleged that Amazon hired away 15 key Wal-Mart technology executives for their knowledge of its computerized retailing systems. Amazon’s chief information officer had served as vice president of information systems at Wal-Mart prior to being hired by Amazon in August 1997. In March 1999, Amazon filed a countersuit against Wal-Mart based “in part on unfair competition and intentional interference,” setting up a complex legal Web of lawsuits. The cases were not resolved by the courts as the parties reached a settlement agreement in April 1999.

How is ownership of a trade secret proven?
To prevail in a trade secret infringement suit, a trade secret owner must show that the information alleged to be confidential really is a trade secret. Again, a confidentiality agreement is usually the best way to do this. In addition, the trade secret owner must show that the information was either improperly acquired by the defendant (if the defendant is accused of making commercial use of the secret) or improperly disclosed-or is likely to be so-by the defendant (if the defendant is accused of leaking the information).

What if the secret is discovered within legal means?
However, people who discover the secret independently-that is, without using illegal means or violating agreements or state laws-cannot be stopped from using information protected under trade secret law. For example, it is not a violation of trade secret law to analyze (or “reverse engineer”) any lawfully obtained product and determine its trade secret.

Some software companies have intentionally revealed their trade secrets to reveal whatever flaws are in them and for other people to offer solutions to these flaws. For example, Netscape published its source code after Netscape discovered that the program had security flaws that could be exploited by hackers or crackers. Netscape developers hoped that by revealing and posting the source code, other software developers can scrutinize it, find out the glitch, and provide patches that Netscape users can then download for free.

What are business method patents?
Business method patents are part of a family of patents known as utility patents that protect inventions, chemical formulas, and other discoveries. A business method is classified as a process because it is not a physical object like a mechanical invention or chemical composition.

In July 1998, a federal court ruled that patent laws were intended to protect any method, whether or not it required the aid of a computer, so long as it produced a “useful, concrete and tangible result.”

Some examples of business method patents are:

 * Amazon.com’s famous “1-click” patent (U.S. Patent No. 5,960,411) issued September 28, 1999, is directed to a system and method for placing an order to purchase an item via the Internet. The patent is essentially directed to a methodology whereby information associated with a user is pre-stored by a Web site, and the user may thereafter order items from it with only one click of the mouse on a link associated with the item.
 * Priceline “Reverse Auction” Patent (U.S. No. 5,794,207), for a “method and apparatus for a cryptographically assisted commercial network system designed to facilitate buyer-driven conditional purchase offers.” In October 1999, priceline.com sued Microsoft, accusing Microsoft’s Hotel Price Matcher of infringing its U.S. Patent No. 5,794,207 for reverse auctioning.
 * DoubleClick Banner Ad Patent (U.S. No. 5,948,061), for a “method of delivery, targeting, and measuring advertising over networks.” In November 1999, DoubleClick filed a suit against L90 Inc. in the Eastern District of Virginia for its method of delivering advertising on the Internet.
 * Open Market Electronic Shopping Cart Patent (U.S. No. 5,715,314) for a “network sales system.”

Business method patents can be used effectively against a major competitor. For example, in December 1999 Amazon.com successfully stopped BarnesandNoble.com from using a one-click shopping system and forced it to adopt a more complicated ordering system.

What are the requirements for acquiring a patent?
The US courts have since mandated that the Patent Office grant patents on business methods that satisfy the three-pronged test for patentability. That is, the invention must be:

 * 1) Useful. A business need only demonstrate that its method or software provides some concrete tangible result. For example, the Amazon 1-Click patent provides a tangible result-an expedited purchase.
 * 2) New. The method or software must be novel. This means it must have an aspect that is different in some way from all previous knowledge and inventions.
 * 3) Non-obvious. The method or software must be non-obvious, meaning that someone who has ordinary skill in the specific technology cannot easily think of it. For example: An economist devised a method of avoiding taxes by using a credit card to borrow money from a 40l(k) fund. The method did not exist previously and differed substantially from previous methods of avoiding taxes. Since the method was new and was not obvious to accountants or tax experts, the economist acquired a patent for it (U.S. Pat. No. 5,206,803).

What is the impact of the Internet on intellectual property?
The borderless character of the Internet, particularly electronic commerce, raises questions regarding the continued applicability of traditional legal systems in the enforcement of intellectual property laws. As discussed previously, traditional legal systems are based on notions of sovereignty and territoriality. In contrast, the Internet largely ignores distinctions based on territorial borders. Thus, the Internet has been described as “the world’s biggest copy machine.”

Given the capabilities and characteristics of digital network technologies, electronic commerce can have a tremendous impact on the system of copyright and related rights, and the scope of copyright and related rights in turn can have an effect on how electronic commerce will evolve. If legal rules are not set and applied appropriately, digital technology has the potential to undermine the basic tenets of copyright and related rights. In the Internet, one can make an unlimited number of copies of programs, music, art, books and movies virtually instantaneously, and without a perceptible degradation of quality. In fact, there is practically no difference between the original and the copy. And the copies can be transmitted to locations around the world in a matter of minutes. The result could be a disruption of traditional markets for these works.

How vulnerable is digital work to copyright infringement?
The digitalization of copyrighted works has made them more vulnerable to piracy. Because they hardly cost anything, downloading and pirating just about any available software, electronic books, or music from the convenience of one’s home computer is often irresistible.

This is cause for concern because e-commerce often involves the sale and licensing of intellectual property, and its full potential will not be realized if intellectual property products are not effectively safeguarded. Content providers and other owners of intellectual property rights will not put their interests at risk unless appropriate regimes-at the international and national levels-are in place to guarantee the terms and conditions under which their works are made available.

The music and movie industry has initiated copyright infringement actions against the use of mp3, a compression technology, which compresses music so it may not be as bulky to download. Aside from its successful action against Napster, a recent decision barred a site (2600.com) from distributing software to de-scramble DVD codes. In the latter case, a suit was filed against 2600.com centering on the site’s practice of posting software that de-scrambles the code meant to prevent DVDs from being copied and linking to more than 500 other sites worldwide that make similar software available. The judge ruled against 2600.com, saying that “the plaintiffs have been gravely injured because the use of the program threatens to reduce the studio’s revenue from the sale and rental of DVDs and thwarts new, potentially lucrative initiatives for the distribution of motion pictures in digital form, such as video-on-demand via the Internet.”

In May 2002, Audiogalaxy.com, a Napster-like clone that has facilitated and encouraged the unauthorized trading of millions of copyrighted songs, was taken to court by the Recording Industry Association of America (RIAA) and the National Music Publishers Association, Inc. (NMPA) for wholesale copyright infringement. Less than a month after the lawsuit, Audiogalaxy.com settled and agreed to a “filter-in” system that requires the consent of the songwriter, publisher and/or recording company before a song can be shared over the Internet.

The music and movie industry have since brought lawsuits against several other similar companies, including Kazaa BV, Grokster Ltd. and Streamcast Networks Inc.

What is “copyleft”?
Copyleft is “a copyright notice that permits unrestricted redistribution and modification, provided that all copies and derivatives retain the same permissions.” Copyleft is a method for making a program “free software”. Free software allows the user to run, copy, distribute, study, change or improve the software. Accordingly, it gives the user the freedom to: (1) run the program for any purpose; (2) study how the program works and makes it conform to the user’s needs; (3) redistribute copies to other users; and (4) improve the program and release such improvements to the public.

What is “GPL”?
GPL stands for General Public License. While licenses for most software prohibit sharing and program alteration, a GPL software gives the user the freedom to share and change it. Under a GPL, the user is free to receive or request the source code, change the program or use such program, or portions of it, into an improved or altogether new free software. A GPL software, however, is subject to the condition that the enjoyment of the right to share and change is passed on to subsequent recipients or users.

What are the key issues in intellectual property rights protection in the Internet?
The most fundamental issue is the determination of the scope of protection in the digital environment-that is, how rights are defined, and what exceptions and limitations are permitted. Other important issues include how rights are enforced and administered in this environment; who in the chain of dissemination of infringing material can be held legally responsible for the infringement; and questions of jurisdiction and applicable law.

Are there international initiatives to protect intellectual property in the Internet? What Internet-specific treaties are in place?
The World Intellectual Property Organization (WIPO), through its 179 member States, has assumed responsibility for the formulation of a legal and policy framework at the international level to encourage the creation and protection of intellectual property. Its ultimate goal is to achieve an appropriate balance in the law, providing strong and effective rights, but within reasonable limits and with fair exceptions. Since trade in copyrighted works, performances and phonograms has become a major element of global electronic commerce, rights-holders should be legally secured in their ability to sell and license their property over the Internet subject to appropriate limitations and exceptions to safeguard public interest uses.

WIPO administers international treaties dealing with different aspects of intellectual property protection.

Under the Berne Convention, the most important international copyright convention, copyright protection covers all “literary and artistic works.” This term encompasses diverse forms of creativity, such as writings, both fiction and non-fiction, including scientific and technical texts and computer programs; databases that are original due to the selection or arrangement of their contents; musical works; audiovisual works; works of fine art, including drawings and paintings; and photographs. Related rights protect the contributions of others who add value to the presentation of literary and artistic works to the public, namely, performing artists, such as actors, dancers, singers and musicians; the producers of phonograms, including CDs; and broadcasting organizations.

Likewise, in 1996 WIPO concluded two treaties: the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). Commonly referred to as the “Internet treaties”, these seek to address the issues of the definition and scope of rights in the digital environment, and some of the challenges of online enforcement and licensing. The WCT and the WPPT also clarify the extent of rightsholders’ control when works, performances and phonograms are made available to the public for downloading or access on the Internet. This type of transmission differs from broadcasting, in that the material is not selected and delivered by an active transmitter like a broadcaster to a group of passive recipients. Rather, it is transmitted interactively, that is, on demand from the individual users, at a time and place of their choosing. The treaties require that an exclusive right be granted to control such acts of “making available”, while leaving it to individual countries to decide how to classify this right under national law.

The treaties came into effect in March and May 2002, respectively. The provisions of both treaties were adopted by consensus by more than 100 countries, and thus represent broad international agreement regarding the appropriate approach to copyright in the digital environment. They are useful today as a guide and as a model for national legislation. In order for the treaties to be truly effective in cyberspace, they must become widely adopted in countries around the world. WIPO is therefore devoting substantial resources to promoting the treaties and to offering advice to governments on their implementation and ratification.

Why is there a need for such initiatives?
Issues of enforcement and licensing are not new, but they take on added dimensions and urgency when works are exploited on digital networks. In order for legal protection to become meaningful, rights-holders must be able to detect and stop the dissemination of unauthorized digital copies, which is accomplished at levels of speed, accuracy, volume and distance that in the past were unimaginable. In addition, for electronic commerce to develop to its full potential, workable systems of online licensing in which consumers can have confidence must evolve.


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Legal and Regulatory Issues in the Information Economy/Domain Name Disputes

What are domain names?
Domain names provide the address of companies in the Internet and are equivalent to the business address in the physical world. As more and more companies use the Internet, the number of disputes arising from the use of domain names is increasing as well.

Domain names are divided into hierarchies. The top-level of the hierarchy appears after the last dot (.) in a domain name. In “microsoft.com”, the top level domain name is .com, the most common top-level domain name, indicating that the domain name is owned by a commercial enterprise. Other common top-level domain names are .org (for non-profit organizations), .net (for network and Internet related organizations), .edu (for four-year colleges and universities), and .gov (for government entities).

Aside from these generic domain names, each country has a unique top-level domain name. For instance, .ca indicates a domain in Canada, and .ie indicates an Irish domain.

When and how can disputes over domain names arise?
The disputes that arise over domain names involve “second level” domain names, which refer to the name directly to the left of the top-level domain name in an Internet address. For instance, in the address “www.microsoft.com”, the second level domain name is Microsoft.

Two identical second level domain names cannot coexist under the same top level domain. For example, even though both the Delta Faucet Company and Delta Airlines would like the “delta.com” domain name, only one Delta company can have delta.com. Unfortunately for the Delta Faucet Company, that Delta company is Delta Airlines. Therefore, Delta Faucet Company must use deltafaucet.com.

Some well publicized examples of domain name disputes are:

 * mcdonalds.com - This domain name was taken by an author from Wired magazine who was writing a story on the value of domain names. In his article, the author requested that people contact him at ronald@mcdonalds.com with suggestions on what to do with the domain name. In exchange for returning the domain name to McDonalds, the author convinced the company to make a charitable contribution.
 * micros0ft.com - The company, Zero Micro Software, obtained a registration for micros0ft.com (with a zero in place of the second ‘o’), but the registration was suspended after Microsoft filed a protest.
 * mtv.com - The MTV domain name was originally taken by MTV video jockey, Adam Curry. MTV at first showed little interest in the domain name or the Internet. But when Adam Curry left MTV, the company wanted to control the domain name. After a federal court action was taken, the dispute was settled out of court.
 * taiwan.com - The mainland China news organization Xinhua was allowed to register the domain name taiwan.com, to the disgust of the government of Taiwan.

Who controls the registration of domain names? How are disputes resolved?
Prior to December 1999, a company called Network Solutions Inc. (NSI) was almost solely responsible for the registration of second level domain names for the most popular top-level domains, including .com, .net, and .org. NSI dictated the policy on domain name registration and had a great deal of control over how domain names were registered, and how disputes would be resolved. To avoid having to arbitrate in disputes, NSI adopted a first-come, first-served arrangement. Under this scheme, NSI would not question an applicant’s right to have a particular domain name. If the domain name was available, the applicant was given the name.

This policy has now been replaced with the Uniform Domain Names Disputes Resolution Policy created by ICANN (Internet Corporation for Assigned Names and Numbers) and used by all accredited registrars. Under this new policy, a trademark owner can initiate a relatively inexpensive administrative procedure to challenge the existing domain name. In order to prevail, the trademark owner must show that:

 * 1) the trademark owner owns a trademark (either registered or unregistered) that is the same or confusingly similar to the registered second level domain name;
 * 2) the party that registered the domain name has no legitimate right or interest in the domain name; and
 * 3) the domain name was registered and used in bad faith.

Those disputing the grant of a domain name can go to the courts for this purpose. In the United States, the Anti-Cybersquatting Consumer Protection Act in November of 1999 made it easier for individuals and companies to take over domain names that are confusingly similar to their names or valid trademarks. However, they must establish that the domain name holder acted in bad faith.

One portion of this Act is related to famous individuals. This portion allows individuals to file a civil action against anyone who registers their name as a second level domain name for the purpose of selling the domain name for a profit. Take the case of the domain name juliaroberts.com. An individual who intended to sell it later to actress Julia Roberts registered the name. Citing bad faith on the part of the registrant, the court ruled that the domain name be transferred to its rightful owner.

Is there an international organization that can arbitrate disputes?
WIPO has set up an Arbitration and Mediation Center, described by its Web site as “internationally recognized as the leading institution in the area of resolving Internet domain name disputes”. Since December 1999, the Center has administered proceedings in the generic Top Level Domains (gTLDs) .com, .org, .net.

Following ICANN’s decision of 16 November 2000 to admit seven new gTLDs, WIPO has been working with the operators of the new gTLDs to develop domain name dispute resolution mechanisms for their domains. The Center has also been designated to provide dispute resolution services for these domains.

In addition, the Center administers dispute procedures in a number of country code Top Level Domains (ccTLDs), such as .ph for Philippines or .th for Thailand.


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Legal and Regulatory Issues in the Information Economy/Consumer Privacy and Protection

Advances in information technology and data management offer the promise of a new and prosperous cyberspace-based economy. New communications and information systems allow organizations to gather, share and transmit growing quantities of information with unprecedented speed and efficiency. But this technology also poses a serious threat to privacy. Private individuals and organizations now have the access, means, methods and tools to encroach into the privacy of another-and in a manner that is not so obtrusive.

What is information privacy?
Of utmost importance is information privacy, “individual’s claim to control the terms under which personal information-information identifiable to the individual-is acquired, disclosed and used.”

Disclosural privacy is similarly defined as “the individual’s ability to choose for him/ herself the time, circumstance, and extent to which his/her attitudes, beliefs, behavior and opinion are to be shared with or withheld from others.”

Why protect privacy?
The right to privacy is fundamental to any democratic society. The slightest apprehension on the part of a person using the Internet about who will see his personal information and how it will be used would by itself mean that he has lost a basic freedom. Moreover, the more others know about the details of a person’s life, the greater their opportunity to influence, interfere with, or judge the choices the person makes.

Having knowledge and control of how personal information is provided, transmitted and used is the key to protecting privacy

Is there such a thing as protecting privacy too much?
Foremost among the arguments used against the adoption of a stringent information disclosure regime is that it would ultimately hinder commerce. To require an individual’s prior consent before personal data can be elicited may actually hamper the growth of commerce that is largely based on a “better information equals better markets” theory. If the markets can profile their consumers accurately, a better match between interested buyers and sellers can be made.

Another argument is the need for truthfulness. The ethical or legal duties of disclosure inherent in a relationship command an openness that information privacy prevents.

What challenge does the protection of privacy pose? How can proper use of information be assured?
Finding a balance between the legitimate need to collect information and the need to protect privacy has become a major challenge. The following OECD guidelines may be considered as fundamental requirements for the proper use or processing of information online:

 * Information Privacy Principle. Personal information should be acquired, disclosed, and used only in ways that respect an individual’s privacy.
 * Information Integrity Principle. Personal information should not be improperly altered or destroyed.
 * Information Quality Principle. Information should be accurate, timely, complete and relevant for the purpose for which it is provided or used.
 * Collection Limitation Principle. Personal data should be obtained by lawful and fair means, and where appropriate, with the knowledge and consent of the data object.
 * Purpose Specification Principle. The purposes of data at the time of its collection should be specified.
 * Security Safeguards Principle. Personal data should be protected by reasonable safeguards against risks like loss or unauthorized access, destruction, use, modification or disclosure of data.
 * Openness Principle. There should be a policy of openness about developments, practices and policies with respect to personal data.
 * Accountability Principle. A data controller has the responsibility to comply with measures based on the foregoing principles.

Are there other existing guidelines for data protection?
The European Union has issued Directive 95/46/EC, which establishes a regulatory framework to guarantee free movement of personal data, while giving individual EU countries room to maneuver with respect to how to implement the Directive. Free movement of data is particularly important for all services with a large customer base and dependent on processing personal data, such as distance selling and financial services. In practice, banks and insurance companies process large quantities of personal data, inter alia, on such highly sensitive issues as credit ratings and credit-worthiness. If each Member State had its own set of rules on data protection (for example on how data subjects could verify the information held on them), cross-border provision of services, notably over the information superhighways, would be virtually impossible and this extremely valuable new market opportunity would be lost.

The Directive also aims to narrow divergences between national data protection laws to the extent necessary to remove obstacles to the free movement of personal data within the EU. As a result, any person whose data are processed in the Community will be afforded an equivalent level of protection of his rights, in particular his right to privacy, irrespective of the Member State where the processing is carried out.

How can consumers be protected in electronic commerce transactions?
In December 1999, the OECD issued the Guidelines for Consumer Protection in the Context of Electronic Commerce to help ensure protection for consumers when shopping online and thereby encourage:

 * fair business, advertising and marketing practices;
 * clear information about the identity of an online business, the goods or services it offers and the terms and conditions of any transaction;
 * a transparent process for the confirmation of transactions;
 * secure payment mechanisms;
 * fair, timely and affordable dispute resolution and redress; privacy protection; and consumer and business education.

 * Box 1.OECD Guidelines on Consumer Protection

 * Source: Organisation for Economic Co-operation and Development, Guidelines for Consumer Protection in the Context of Electronic Commerce (2000); available from http://www1.oecd.org/publications/e-book/9300023E.PDF

How will the OECD guidelines be used?
The OECD Guidelines are designed to be a technology-neutral tool to help governments, business and consumer representatives by providing practical guidance to help build and maintain consumer confidence in electronic commerce. The Guidelines address the principal aspects of business-to-consumer electronic commerce and reflect existing legal protections available to consumers in more traditional forms of commerce. They stress the importance of transparency and information disclosure and the need for cooperation among governments, businesses and consumers at the national and international levels.

The Guidelines are intended to provide a set of principles to help:

 * Governments - as they review, and (if necessary) adapt, formulate and implement consumer policies and initiatives for electronic commerce.
 * Businesses, consumer groups and self-regulatory bodies - by providing guidance on the core characteristics of consumer protection that should be considered in the development and implementation of self-regulatory schemes.
 * Individual businesses and consumers - by outlining the basic information disclosures and fair business practices they should provide and expect online.

What about jurisdiction and consumer redress?
The OECD Guidelines discuss at length the issues related to jurisdiction, applicable law and access to redress. Because of the broad and horizontal nature of these issues, questions about how they might best be addressed within the context of electronic commerce are not unique to consumer protection. However, the Internet’s potential to increase the number of direct business-to-consumer cross-border transactions makes it important that consumer interests be fully taken into account.

The language on jurisdiction and applicable law within the Guidelines reflects the complexity and the current lack of international consensus on these issues. The Guidelines recognize that all business-to-consumer cross-border transactions are subject to the existing framework on jurisdiction and applicable law, but that electronic commerce poses certain challenges to that framework. The Guidelines call for further work in addressing these issues and ensuring that consumer interests are given appropriate consideration as the jurisdictional framework for electronic commerce evolves.

The Guidelines also focus particular attention on the importance of providing consumers with access to fair, timely and inexpensive means for redress, and encourage the development of effective alternative dispute resolution (ADR) mechanisms. Taking legal action to resolve a consumer dispute is generally an expensive, difficult and time-consuming process for everyone involved. These are problems that could be amplified in the event of cross-border disputes. As in other forms of commerce, the development and promotion of ADR can help to avoid more formal and costly legal options. Responding to consumer complaints quickly, easily and fairly, and establishing affordable and effective online dispute resolution mechanisms can go a long way toward building consumer confidence and trust.

Should the government be involved in consumer protection and privacy? What role can the private sector play?
In the end, the issue of consumer protection and privacy is a concern of both the government and the private sector. Government must ensure that there are adequate laws that offer protection to consumers; the private sector must implement meaningful, user-friendly, self-regulatory privacy regimes. Until users are confident that their communications and data are safe from interception and unauthorized use, they are unlikely to routinely use of the Internet for commerce. Only with consumer trust can we make e-commerce work.


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Legal and Regulatory Issues in the Information Economy/Cybercrimes

Is crime possible in the Internet?
The Internet has the potential to be one of humankind’s greatest achievements. Telecommunications, banking systems, public utilities, and emergency systems rely on the network. But there are those who use it to inflict harm on others. In the short life of the Internet, we have already seen a wide array of criminal conduct. Although it is often difficult to determine the motives of these digital outlaws, the result of their conduct threatens the promise of the Internet by reducing public confidence and consumer trust in the whole system.

The threat of growing criminal conduct in the Internet is such that the US Federal Bureau of Investigation (FBI) has taken the unprecedented step of making the fight against cybercrime and cyber terrorism the bureau’s No. 3 priority, behind counterterrorism and counterintelligence. In addition, the FBI has changed its hiring practices to focus on recruiting a new type of agent that can bring a bedrock of experience from the world of IT.

What are computer crimes or cybercrimes?
“Computer crime” or cybercrime refers to a misdeed involving the use of a computer. Cybercrimes can be divided into three major categories: cybercrimes against persons, property and government.

Cybercrimes against persons include transmission of child pornography, harassment with the use of a computer such as e-mail, and cyber stalking.

Cybercrimes against property include unauthorized computer trespassing through cyberspace, computer vandalism, transmission of harmful programs, and unauthorized possession of computerized information. Hacking and cracking are among the gravest of this type of cybercrimes known to date. The creation and dissemination of harmful computer programs or viruses to computer systems is another kind of cybercrime against property. Software piracy is also a distinct kind of cybercrime against property.

A distinct example of cybercrimes against government is cyber terrorism, in which cyberspace is used by individuals and groups to threaten governments and to terrorize the citizens of a country. This crime may take the form of individuals “cracking” into a government or military-maintained Web site.

What are examples of common misdemeanors on the Internet?

 * 1) Mail bombing involves the sending of messages to a target recipient repeatedly. The mailboxes of the recipients are then flooded with junk mail.
 * 2) Spamming is often used as a tool for trade or promotion. It targets multiple recipients and floods selected mailboxes with messages.
 * 3) List linking involves enrolling a target in dozens-sometimes hundreds-of e-mail listings.
 * 4) Spoofing is faking the e-mail sender’s identity and tricking the target recipient into believing that the e-mail originated from the supposed mail sender.
 * 5) Linking/Framing involves displaying one’s site content on another’s Web page without permission.
 * 6) Denial of Service (DoS) is an explicit attempt by attackers to prevent legitimate users of a service from using that service.
 * 7) Cracking is the act of gaining unauthorized access to a system and subsequently destroying or causing damage thereto.

In cyber stalking the “victim” is repeatedly flooded with messages of a threatening nature.

What is the reach of cybercrimes?
Crimes in cyberspace do not respect geographical boundaries or national jurisdictions. If left unchecked or unpunished, cybercrimes will adversely affect the growth of e-commerce. In addition, there is the rapid migration of real-world crimes such as child pornography, fraud, forgery, falsification, intellectual property theft, theft of information and money, as well as grave threats, to the virtual world.

What legal policies should be in place for the prevention, apprehension and prosecution of cybercrimes?
Legal provisions on theft or stealing need to be reviewed. In many jurisdictions, or in the real world, stealing or theft refers to taking a thing or depriving the victim of ownership thereof. What happens when a person accesses without authorization another person’s file and then proceeds to copy it? In this case, it may be argued that theft did not occur because the thing was simply copied, not taken. Making things even less clear is a case in the US where it was held that the law pertaining to inter-State transportation of stolen property refers only to corporeal things and does not apply to intangible property.

The US Department of Justice has classified the challenges to international as well as State prosecution of cybercrimes into three categories:

 * 1) Technological challenges - While it is possible to trace an electronic trail, the task has become very difficult because of the skill and technology that allow near-absolute anonymity for the cyber-culprit.
 * 2) Legal challenges - Laws and other legal tools to combat crime lag behind the rapid changes afforded by technology.
 * 3) Resource challenges - These refer to the problem of lack of sufficient experts, or the lack of an adequate budget for new technologies as well as for the training of personnel.

What is being done to prevent and/or prosecute cybercrimes?
The United States Congress passed the Computer Fraud and Abuse Act (18 USC 1030); 18 USC 2701 which punishes unlawful access to stored communications; 18 USC 2702 which prohibits divulging to any person the contents of a communication while in electronic storage; and 18 USC 2703 which allows government disclosure of the contents of electronic communications but only upon valid order of a court pursuant to a warrant.

After the terrorist attacks of September 11, 2001, the US Congress enacted the USA Patriot Act. This is a comprehensive legislation aimed specifically at countering the threat of terrorism, including cyber terrorism. The new law gives sweeping powers to both domestic law enforcement agencies of the US Government and US international intelligence agencies to help thwart terrorist attacks. The Patriot Act expands all four traditional tools of surveillance-wiretaps, search warrants, pen/ trap orders and subpoenas-to make it easier for US law enforcement and intelligence agencies to combat terrorism. For instance, the US government may now spy on Web surfing of Americans by merely telling a judge that the spying could lead to information that is “relevant” to an ongoing criminal investigation.

The Patriot Act likewise made two changes on how much information the government may obtain about users from their ISPs. First, Section 212 of the law allows ISPs to voluntarily hand over all “non-content” information to law enforcement with no need for any court order or subpoena. Second, Sections 210 and 211 expand the records that the government may seek with a simple subpoena to include records of session times and durations, temporarily assigned network addresses, means and sources of payments, including credit card or bank account numbers.

Are there intergovernmental efforts at combating cybercrimes?
The 41-nation Council of Europe has approved a Convention on Cybercrime. The treaty provides for the coordinated criminalization of the following:

 * 1) Offenses against the confidentiality, integrity, and availability of computer data and systems, such as illegal access, illegal interception, data or system interference, and illegal devices;
 * 2) Computer-related offenses like computer-related forgery and computer-related fraud;
 * 3) Content-related offenses like child pornography; and
 * 4) Copyright-related offenses.

The Treaty also urges its members to enter into cooperative efforts, through mutual assistance, extradition agreements and other measures, in order to combat cybercrime. The call for international cooperation is important given the fact that cybercrimes do not respect State, sovereign or national borders.

Similarly, the Asia Pacific Economic Cooperation (APEC) has endorsed the following action items to combat the growing threat of cybercrime:

 * immediate enactment of substantive, procedural and mutual assistance laws relating to cyber security;
 * making cybercrime laws as comprehensive as those proposed in the Council of Europe Cybercrime Convention;
 * assistance between and among the economies in developing threat and vulnerability assessment capabilities;
 * security and technical guidelines that can be used by governments and corporations in their fight against cybercrime; and
 * outreach programs to economies and consumers regarding cyber security and cyber ethics.

The member-countries of the Association of Southeast Asian Nations (ASEAN) have agreed to create an ASEAN Network Security Coordination Center that will help combat cybercrimes and cyber terrorism. Computer emergency response teams (CERTs) will also be established in each ASEAN country to serve as early warning systems against viruses. The ASEAN nations will likewise focus on strengthening their respective ICT infrastructure to attract more investors.

Are there anti-cybercrime efforts in developing countries?
In the Philippines, the E-commerce Act also penalizes hacking or cracking, as well as the introduction of viruses.

Malaysia’s Computer Crimes Act of 1997 penalizes unauthorized access to computer material, unauthorized access with intent to commit an offense, unauthorized modification of the contents of a computer, and wrongful communication.

The Computer Misuse Act of Singapore criminalizes unauthorized access to computer material, access with intent to commit or facilitate an offense, unauthorized modification of computer material, unauthorized use or interception of computer service, unauthorized obstruction of use of computers, and unauthorized disclosure of access code.

In India, the Information Technology Act of 2000 prohibits tampering with computer source documents and hacking.

What lies ahead in the fight against cybercrimes?
It is thought that the best tool against cyber attacks and cybercrimes is still prevention. Available to many corporate users are a host of technologies that prevent, if not minimize, the occurrence of these attacks. Some of these are firewalls, encryption technologies, and public key infrastructure systems.

Aside from legislation, adequate resources must be provided to law enforcement agencies so that they can acquire the tools, equipment, and know-how necessary for the successful defense of network systems from cyber attacks. Laws to combat cybercrimes are useless if law enforcement agencies do not have the education and training necessary to even operate a computer. Judges, too, must be trained.

In addition, consultation, coordination and cooperation between and among governments and the private sector are important, in order to harmonize as completely as possible measures, practices, and procedures that will be utilized in combating this problem. Harmonization of laws at the international, regional and national levels is necessary to meet the challenges of a worldwide technology and its accompanying problems.

Who should be involved in preventing cybercrimes?
Security and privacy are not the responsibility of governments alone. There is a need for the private sector to implement user-friendly, self-regulatory policies.

Governments will have to work with industry and other cybercrime advocates to develop appropriate solutions to cybercrime concerns that may not be addressed adequately by the private sector.

An overarching task is to increase awareness at every level of society-in government, in the private sector, in civil society, and even among individuals-of the need for, and the goals of, security, privacy and cybercrime prevention and control. Also needed is awareness of the crimes that are committed in cyberspace and the possible measures against them. Finally, and perhaps most important, it is vital that we develop a social consensus about the proper and ethical use of computers and information systems.