The ESCWA Cyber Legislation Digest
This study was discussed in a peer review meeting in 2007 and a meeting was set up to
discuss the Model and review its findings (details can be found in Appendix B: Timeline). The
study was presented with two major objectives.
First Objective: Situational Analysis
The first objective was to present a review of the status of cyber legislation in the region.
This covered several areas of analysis including:
1. A survey of legal texts, international conventions, directives, treaties and national
laws of selected countries.
2. A review of cyber legislation activities in the ESCWA region. This included full legal
texts and articles of laws on such cyber-related topics such as e-Commerce,
consumer protection, intellectual property and e-Transactions.
3. Ratifications made by ESCWA member countries to international conventions were
outlined.
4. An analysis of current cyber or cyber related legislation in the ESCWA region, in
terms of whether such laws exhausted all topics as compared with international
conventions and non-Arab cyber laws.
Second Objective: Recommendations
The second objective was to present recommendations for drafting model cyber laws in the
ESCWA region. This was crucial as most ESCWA member countries still lack such legislation.
Such a lack can be attributed to reasons such as:
an underestimation of the importance of and the need for such legislation;
the judicial bodies in some countries not having a significant enough backlog of cyber
related cases to cause concern;
countries have not been able to use existing laws and provisions by analogy and
through broad interpretation in order to adjudicate cases dealing with cyberspace.
The document presented the following recommendations:
1.
Identification of the cyber legislation topics to be addressed as:
Data protection;
Cybercrime;
Censorship and freedom of expression;
Privacy on the Internet;
E-Commerce;
Telecommunications.
These were used to develop ESCWA’s six directives (see Section 3.43.5).
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