The ESCWA Cyber Legislation Digest
Each of the six documents has the following structure:
The areas that ESCWA’s research covered, essentially the scope of the directive.
The experience of ESCWA member countries in formulating legislation related to the
directive and a comparison of these formulations with international legislation.
A descriptive explanation of the proposed laws.
The specific chapters, sections and articles of the laws proposed for the specific
directive.
Additionally, each document referenced a wide range of studies, laws or cases relating to
the subject of the specific directive.
These directives were discussed and agreed upon during an expert group meeting that was
held at ESCWA’s premises in Feb 2011, as detailed in Appendix B.
The directives (together with annex and glossary) are available to download from ESCWA’s
website7.
Directive 1: e-Communication and Freedom of Expression
This first directive has a fundamental importance specifically as it forms the basis for other
cyber legislation directives. This is due to its handling of the technical and operational
aspects related to the determining the identities and responsibilities of the parties that
provide electronic communications services. The identities of responsible parties needs to
be legally determined after any transgression, hence the legitimation of the various aspects
of electronic communication are necessary.
An increase in Internet penetration and broadening in the nature and variety of users goes
in parallel with the increase in the types of devices used for accessing the Internet i.e.
laptops, mobiles, PCs, tablets, etc. Electronic communication witnessed a shift in paradigm,
from being solely used for accessing information to being used as the basis for interactive
socio-economic development. This brought to the forefront, the issue of validity of such
usage, where any transgression encountered by the transferred information, in terms of
medication, blockage, divulging of personal data, may result in damages to various parties
involved in the transfer. More importantly, the judiciary world has opened up to the
possibility of using such information as legal evidence, requiring firm and legal establishment
of the identities of the parties involved, the time and date of transfer and the information
systems it was sent from.
Communicators of information that use electronic means have traditionally resorted to
various technical devices to protect themselves. These devices resulted in a variety of
practices which could be discretionary, illegal, impractical, incomplete or lacking in exposing
the identities involved. These incongruous methods were seen as insufficient to protect the
public from the misuse of electronic communications.
The issues researched and addressed by this directive include:
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http://isper.escwa.un.org/FocusAreas/CyberLegislation/Projects/tabid/161/language/en-US/Default.aspx
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