Introduction HIPCAR – Cybercrime/e-Crimes remain unchanged, the ready transmission of this commercial information creates opportunities for enhanced business relationships. This ease of exchange of commercial information introduces new paradigms: firstly, where information is used to support transactions related to physical goods and traditional services; and secondly, where information itself is the key commodity traded. The availability of ICTs and new network-based services offer a number of advantages for society in general, especially for developing countries. ICT applications, such as e-Government, e-Commerce, eEducation, e-Health and e-Environment, are seen as enablers for development, as they provide an efficient channel to deliver a wide range of basic services in remote and rural areas. ICT applications can facilitate the achievement of millennium development targets, reducing poverty and improving health and environmental conditions in developing countries. Unhindered access to information can support democracy, as the flow of information is taken out of the control of state authorities (as has happened, for example, in Eastern Europe). Given the right approach, context and implementation processes, investments in ICT applications and tools can result in productivity and quality improvements. However, the transformation process is going along with challenges as the existing legal framework does not necessary cover the specific demands of a rapidly changing technical environment. In cases where information supports trade in traditional goods and services, there needs to be clarity in how traditional commercial assumptions are effected; and in the instance where information is the commodity traded, there needs to be protection of the creator/ owner of the commodity. In both instances, there needs to be rationalization of how malfeasance is detected, prosecuted and concluded in a reality of trans-border transactions based on an intangible product. The Six Inter-related Model Frameworks The HIPCAR project has developed six (6) inter-related model frameworks that provide a comprehensive legal framework to address the above mentioned changing environment of information societies by guiding and supporting the establishment of harmonized legislation in the HIPCAR beneficiary countries. Firstly a legal framework was developed to protect the right of users in a changing environment and thereby among other aspects ensuring consumer and investor confidence in regulatory certainty and protection of privacy, HIPCAR model legislative texts were developed to deal with considerations relating to: Access to Public Information (Freedom of Information) – geared to encouraging the appropriate culture of transparency in regulatory affairs to the benefit of all stakeholders; and Privacy and Data Protection – aimed at ensuring the protection of privacy and personal information to the satisfaction of the individual. This latter framework is focused on appropriate confidentiality practices within both the public and private sectors. Secondly, in order to facilitate harmonization of laws with regard to the default expectations and legal validity of contract-formation practices, a HIPCAR model legislative text for Electronic Commerce (Transactions), including electronic signatures was developed. This framework is geared to provide for the equivalence of paper and electronic documents and contracts and for the foundation of undertaking commerce in cyber-space. A legislative text dealing with Electronic Commerce (Evidence) – the companion to the Electronic Commerce (Transactions) framework, was added to regulate legal evidence in both civil and criminal proceedings. To ensure that grave violations of the confidentiality, integrity and availability of ICT and data can be investigated by law enforcement, model legislative texts were developed to harmonise legislation in the field of criminal law and criminal procedural law. The legislative text on Cybercrime defines offences, investigation instruments and the criminal liability of key actors. A legislative text dealing with the Interception of Electronic Communications establishes an appropriate framework that prohibits the illegal interception of communication and defines a narrow window that enables law enforcement to lawfully intercept of communication if certain clearly defined conditions are fulfilled. > Model Policy Guidelines & Legislative Text 3

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