The ESCWA Cyber Legislation Digest 1. Electronic data transfer to and from the public and various providers. The directive focuses on the freedom of such transfers and any constraints imposed on it. It also addresses the role of the network service providers and data hosting service providers during such transfer. 2. The legal framework for network service providers in as much as it covers their obligations, liabilities and responsibilities. This also covers their coordination with security and judiciary authorities as regards legislative issues. 3. The encryption of data and the usage of encryption tools, their import and their export. This also covers the responsibility of the providers of such tools as far as the privacy of information is concerned, and the cases where information can or cannot be divulged based on court decisions. Finally, this issue covers the responsibility of providers for the safekeeping of confidentiality of such data. 4. The surveillance of personal and private communications covers cases where surveillance shall be disallowed. Also covered are those cases where such surveillance can be officially allowed. 5. The legal proceedings, particularly penal proceedings, resulting from the transgression of the above laws. This directive was developed as a comprehensive set of laws that cover telecommunications and freedom of expression. ESCWA relied on the European laws issued in 2000 for electronic commerce as well as the corresponding French laws issued in 2004 and related international and regional laws. This directive identifies five chapters as follows: Chapter 1: Chapter 2: Chapter 3: Chapter 4: Chapter 5: General Provisions The Legal Framework for the Network Service Providers Data Encryption Electronic Surveillance on Private and Personal Communications Criminal Provisions Their related sections and articles are listed in Appendix A. Directive 2: e-Signature and e-Transactions The need for electronic signatures arose after both private and public sector started providing electronic transactions via the web or through direct transacting. This was particularly crucial in the financial sector. The development of various technological means of applying electronic signatures to electronic transactions resulted in the need for a solid legislative framework to safeguard such transactions and provide the necessary certification levels for them. 13