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.
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