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
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