Law in Cyber Space

With computer technology increasing rapidly everyday, there are concerns about the need to develop the law in order to take full advantage of technological improvements, and also to ensure that states can respond to computer crime and related criminal law.

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