The ESCWA Cyber Legislation Digest 2.0 The Context for Cyber Legislation in the ESCWA Region 2.1 The Importance of Cyber Legislation for Building a Knowledge Society Technological advancement is an important socio-economic issue for the ESCWA region. Countries with developed economies are currently diversifying from their reliance on commodities and moving into knowledge-based economies. Developing countries also need to pursue such a path. The development of a knowledge based society depends heavily, if not entirely, on technological enablers for efficient development. These enablers are necessary for the development and implementation of various technological facilities such as electronic commerce, communication and the use of the Internet. In the past 10 years or so, there has been a significant increase in PC, mobile and internet penetration in ESCWA member countries. This growth enabled these countries to recognise the potential of the Internet as a source of progress and development. It has also been generally accepted that web-based activities in the region cannot flourish without a proactive and favorable environment for their use, by people in their various activities. 2.2 The Scope of Regulation To provide such an environment implies the regulation of the virtual space covered by the Internet, commonly referred to as cyberspace. This is a global space unattached to any geographical or jurisdictional scope. It therefore becomes necessary to regulate cyberspace without hindering progress and development. The legal foundation and framework used to regulate cyberspace is generally referred to as cyber legislation. This is a virtual world that manages the legal aspects of issues as wide as personal data, electronic transactions, intellectual property and others. It covers the creation of laws for the components and activities in cyberspace. Given that no single country has jurisdiction over such an international domain, cyberspace is difficult to regulate. However, regulating national cyberspace is possible, and requires the development of an appropriate legal foundation and framework. Since legislation has always lagged behind the development of technology, such a foundation becomes even more urgent. Regional cyberspace can be regulated when countries enter into relevant conventions and agreements. These can define the online dealings of computer system users, electronic communications and the Internet across borders. Such dealings would provide incentive for these countries to develop their knowledge societies. If on the other hand, cyberspace is left unregulated, users will be discouraged from undertaking cyber transactions which would inevitably hinder socio-economic development. 2

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