Cloud Law up in the clouds


Chronological Developments in Cyberspace Law




Law and organized social living are integral parts of each other; modern human life is complex one but organized as well. How much modern life is being organized it is becoming more protégé of electronic and digital gear and internet.

Internet is the most advanced electronic communication system. Its role and function are being developed as inevitable part of life of man of this age. The legal developments in the history of internet are in initial stage we may trace the footsteps of legal development which has opted nationally and internationally.

UNCITRAL was established by UN in 1966 and it is stand for United Nation Commission on international Trade Law. Its basic purposes among various others to promote and adoption of new international conventions, model laws (a model law is a legislative text that is recommended to states for enactment as part of their national law) and uniform laws for international trade laws.  The models laws which have been adopted by UNCITRAL in relating to the electronic commerce and electronic signatures were as underneath;

1.      Model law on Electronic Commerce 1996.

2.      Model law on Electronic Signature 1998- 2001.

These model laws played a fundamental role for preliminary enactment of electronic laws in various countries.

Wipo Copy Right Rules 1996 and Wipo Performance and Phonograms Treaty Rules 1996 are regulating the copy right infringements and trade mark issues at nationally and internationally. The ICANN Uniform Domain Name Disputes Resolution Policy 1998 a non-profit corporation that was created to supervise a number of Internet-related.

The Digital Millennium Copyright Act 1998 (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works and it also criminalizes the act of dodging an access control, whether or not there is actual infringement of copyright itself.

The European Union passed the EU Copyright Directive or EUCD 2001, which addresses several of the issues as to criminalize production and broadcasting of technology, devices, or services intended to circumvent measures that control access to copyright.

The Information Technology Act was enacted in the year 2000 with a view to give an impetus to the growth of electronic based transactions, to provide legal recognition for e-commerce and e-transactions, to facilitate e-governance, to prevent computer based crimes and ensure security practices and procedures in the context of widest possible use of information technology worldwide.

The Electronic Transaction Ordinance 2002 and Prevention of Electronic Crime Ordinance 2008 were enacted in Pakistan to provide legal recognition for e-commerce and e-transaction and to prevent computer based crimes in the contemporary digital age.

Evolution of legal process always run side by side the society move, problems and issues are always interrelated to all kinds of facilities that man adopts. The electronic age required to be recognized its uniform legal existence to resolve its issues coming forth. Model Laws and rules adopted by UNCITRAL are basis of all electronic laws and rules enacted and introduced at nations. World recognized uniform laws, rules and policies can only resolve the all electronic issues successfully.

(The Author is attorney of cyber laws in Pakistan)

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