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law
This page explores the legal
framework for the information economy. It highlights
electronic commerce law and administration in Australia
and offshore, including questions of jurisdiction,
evidence and signatures. There's a broader exploration of
regulating cyberspace in our Governance
guide.
electronic transactions
The Australian Electronic
Transactions Act 1999 (ETA)
is perhaps the major achievement of the national
government's 'strategic framework for the information
economy' under the coordination of the National Office for
the Information Economy (NOIE),
giving electronic transactions involving Commonwealth
government agencies the same status as those using paper.
Because most contract law
is a state responsibility, the Act is to be 'mirrored' by
complementary state legislation. As yet, similar
acts have come into effect in Victoria and NSW; further
progress is likely to be slow.
ETA reflects
changes to the Evidence Act during the past decade - the
law now looks more kindly on newfangled technology such as
the photocopier - and the Electronic Commerce Expert
Group's 1998 Electronic Commerce: Building the Legal
Framework report,
that embraced electronic signatures, record-keeping,
contracts, the UNCITRAL model code for ecommerce, and
other matters.
The Commonwealth
Attorney-General's Department has an e-Commerce homepage,
primarily concerned with the Electronic Transactions Act.
The Treasury Department has a small set of pointers
to e-commerce and consumer affairs. More detailed
information about security, intellectual property and
consumer issues is found in those guides on this site.
and overseas
The slow pace of
electronic commerce reform at the national and
state/territory levels has been speeded up by overseas
developments. In the US the Electronic Signatures
In Global & National Commerce Act came into effect in
October this year.
The United Nations Commission on
International Trade Law (UNCITRAL)
has proposed a model code for ecommerce, to be reflected
in national legislation and practice across the globe.
Information about the code is available on the UNCITRAL
website
In Europe the European
Commission late last year published a proposal for a Directive
to "establish a coherent legal framework for
electronic commerce across the EU".
As bureaucracies respond
to perceived opportunities and dangers (or merely a chance
for travel to meetings in exotic locations) governance of
the network of networks is coming under greater government
scrutiny and increasing control. A perspective on
that process is provided by the excellent Global
Business Regulation (Cambridge, Cambridge University
Press 00) by John Braithwaite and Peter Drahos.
The American Bar
Association has developed an excellent site
exploring global jurisdiction issues.
The Global Internet
Project's 1999 paper
on Jurisdiction in Cyberspace is worth reading.
We also recommend the Commonwealth Attorney-General's
discussion paper
on the proposed Hague Convention on Jurisdiction
& Foreign Judgements in Civil & Commercial Matters
(HCCH), an
international agreement applying to most private
litigation (essentially you could be sued overseas but
judgements would be collected in Australia).
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