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: E-Commerce

  1. #1
    Jan 2006
    7,816

    E-Commerce





    E-Commerce



    **. :-



    - - - ( )

    - -

    ( ) .







    1-1



    Digital Economy :- Information Technology- IT .

    ( E-commerce) :- ISPs - Internet Services Providers . ( ) .

    .

    1 .





    1-2
    (WTO) 17/3/1999 (WTO) " ( GATS ) () ) " - ( GAAT ) ( GATS ) (1).



    1-3

    E-COMMARCE E-BUSINESS ( ) . (2) .

    :- ( business-to-business ) ( B2B ) (-consumer business-to) (B2C ) ( B2B ) ( B2C ) ( ) .



    1-4 .

    ACCESS . ( ) ( ) . . .

    ( ) 98 99 55% 128 % 137 % (3) .

    (IDC) (ISPs) 41 % 98 99 28 % 2003 4,5 (4) . (NUA) 1999 (171 ) 50 % (1) 1999 .

    1

    1998
    ( ) 8/6/1999







    37%

    56.6 %
    97.00


    36%

    23.4 %
    40.1


    33%

    15.8 %
    27.00


    31%

    3.1 %
    5.3


    15%

    0.6 %
    1.1


    10%

    0.5 %
    0.9


    10%





    8 %

    100%
    171





    (5) . 2000 ( 226 ) 400 2000 700 2001 .



    ( ) (6). (( )) ( The Information Superhighway) :- . () ( ) :- .. .









    2-1

    .

    (Media Matrix ) 15 1996 ( ) (7)

    ( DELL) 1998 14 1999 19 5.5 30 1999 50% 2000.(8)

    ( Travelocity ) 99 128 156% 1998 .(9)

    Riper Jaffray 1998 1.2 100 49% .(10)

    1998 ( ) 300 2002 1999 1.2 2003 . 1998 7-15 2000 8.4 2000



    ( ) (business-to-business) (- consumer business-to) .(11)



    2-2 .

    - - :-


    ( RETIL E- commerce ) (E- commerce business-to- business ) .

    :-
    ( ) (12) .






    .

    :-

    .

    "" . . " " 7.3 . . "" . "" (13)

    .



    2-3 .



    (14) 0.5% .

    :- . (business development ) .

    .

    - - .

    ( ) .

    ( 7 ) ( 10) .

    - ( ) (15). .



    2-4

    - - . .

    .





























    (WTO) (OECD) - (UNICITRAL) EU - ( APEC ) (FTTA) . (ICC) .

    3-1 :-

    ( WOT) .
    1947 (General Agreement on Tariff and Trade: GAAT) () 23 1986 1994 ( WTO - world trade organization) 15 1994 1 1995 ( 28 ) : ( ) (( General Agreement on Tariff and Trade: GAAT ) : ( ) (( General Agreement on Trade in Services : GATS ) ( ) (Trade Related Intellectual Property Rights - TRIPS ) . 137 . 1998 ELECTRONIC COMMERCE AND THE ROLE OF THE WTO . 1998 Renato Roggiero (30/11- 3/12/99) .



    ( OECD )
    1998 7-9 1998 12 12 . .

    .



    ( UNICITRAL )
    1980 .

    1996 - 1985 - . . - - . . . .



    3-2 :-



    ASIA PACIFIC ECONOMIC COOPERATION (APEC)
    1998 - 21 1999 (16)

    1997 1998 .





    -
    1999 2000 2001 .

    ( ICC )


    63 7000 130

    . .



    3-3 :-



    :-
    1997 :- .

    .

    ( 2000 ) .



    :-
    ʡ .

    .



    :-
    1996 1998 .



    :-
    1999 1997 1999 .



    :-
    ( 2 ) ( ) 3.

    2



    E- commerce legislation and Policy.

    I. The efforts of international organization.

    1- UN - The UNCITRAL Model Law on E-commerce

    The United Nations Commission on International Trade Law (UNCITRAL) is attempting to develop uniform international rules that would validate and encourage the use of EDI. In 1995, UNCITRAL adopted the draft Model Law on Legal Aspects of Electronic Data Interchange (EDI) and Related Means of Communication. The Model Law is intended to serve as a model to countries in order to create uniform law and practice involving the use of computerized systems in international trade. The objectives of the Model Law are essential to improve the efficiency in international trade since it will, if adopted by a large number of countries, enable and facilitate the use of EDI and the related means of communication and providing equal treatment to users of paper-based documentation and to users of computer-based information. The Model Law was finalized and approved in the UNCITRAL twenty-ninth session, 28 May to 14 June 1996. The Model Law is before the United Nations General Assembly and is currently awaiting approval.

    The Model Law applies to any kind of information that is transferred in the form of a data message used in commercial activities. Ocean bills of lading are one kind of document within the scope of the Model Law. However, the legal aspects of bills of lading are key issues of the Model Law developments, as noted in the UNCITRAL Working Group on EDI of its thirtieth session, 26 February - 8 March 1996. This reported that future work could focus on EDI transport documents, with particular emphasis on maritime electronic bills of lading and the possibility of their use in the context of the existing national and international legislation dealing with maritime transport.

    It should be noted, however, that the Model Law has no legal force of its own. Its provisions will have legal enforcement only if they are enacted in national law. For this reason UNCITRAL also adopted a Guide to enactment of the Model Law .

    2- EU - European Commission & European Union

    - Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market .

    - Creation of European Network for Out-of-Court Settlement of Consumer Disputes (RAPID) A working paper to provide a framework for national initiatives to create a European Extra-Judicial Network for settling consumer disputes out of court by a single, one-stop national contact point, or clearing house, in each Member State.

    - Proposal for a Council Regulation (EC) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters COM(99) 348.

    - European Parliament and Council directive on protection of consumers in respect of distance contracts Amended proposal COM(1993) 96 - Legislative history
    Status: Adopted 20/5/1997 - Published OJ 4/6/1997 JO L144 p9 - Deadline for implementation 3/6/2000.

    - Proposal for a Directive of the European Parliament and of the Council concerning the distance marketing of consumer financial services COM(1998) 468.

    - Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures. OJ No L 13 p.12 19/1/2000.

    - EU - Commission proposes amendments to VAT treatment of electronically delivered services (RAPID) The European Commission has presented a proposal for a Directive to modify the rules for applying value added tax (VAT) to certain services supplied by electronic means as well as subscription-based and pay-per-view radio and television broadcasting.

    3- EOCD- ORGANIZATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT

    - OECD Information and Communications Policy home page

    - OECD Guidelines for Consumer Protection in the Context of Electronic Commerce

    - Conferences

    - OECD Forum on Electronic Commerce, Paris, 12-13 October 1999

    - OECD Workshop on Business-to Business Electronic Commerce, Oslo 17 June 1999

    - OECD Workshop on: "Defining and Measuring Electronic Commerce", Paris, 21 April 1999

    - "Realising the Potential of Global Electronic Commerce", Ottawa, 7-9 October 1998

    - "Dismantling the Barriers to Global Electronic Commerce", Turku, 19-21 November



    4- ICC- INTERNATIONAL CHAMBER OF COMMERCE.

    The ICC has published the General Usage in International Digitally Ensured Commerce (Guide), formerly known as Uniform International Authentication and Certification Practices (UIACP). Guide "aims to draw together the key elements involved in electronic commerce, to serve as an indicator of terms and an exposition of the general background to the issue. It also addresses one of the key problems in talking about electronically signed messages, in that they are not signed physically, but require the intervention of an electronic medium. This in turn alters the function of the signer, and introduces problems that a physical signature does not encounter, most especially the possibility of use of the medium by a third party. The GUIDEC therefore adopts a specific term , "ensure", to describe what elsewhere is called a "digital signature" or "authentication", in an attempt to remove the element of ambiguity inherent to other terms employed."




  2. #2
    Jan 2006
    7,816







    State
    legislations and Policy

    Argentina
    1- Resolution (45/97), March 17 1997 with respect to the application of digital signatures within the public administration has been issued by the Civil Service Secretariat.

    2- The Decree No. 427/98 was signed by the president On 16 April 1998. The Decree addresses the use of digital signatures by the public administration and sets requirements and conditions for the operation of a licensed CA in the digital-signature infrastructure of the public sector.

    3- On 27 November 1998 the Secretary of Public Administration has issued Resolution 194/98 (public-key infrastructure).

    On 18 August 1999, draft digital signature law. The government has also prepared amendments to the Civil Code in order to adjust requirements of form to electronic commerce. (Source: LAB News May/June).

    Australia
    4- Electronic Commerce: Building The Legal Framework. On March 1998 the Australian Attorney General has released the report of the Expert Group on Electronic Commerce entitled Electronic Commerce: Building the Legal Framework. .

    5- Gatekeeper - A strategy for public key technology use in the government On 6 May 1998, the Minister of Finance and Administration presented its report Gatekeeper - A strategy for public key technology use in the government

    6- Electronic Transactions Bill, From July 2001 the Bill will apply to all Australian laws, unless specifically excluded.

    Austria
    7- The Austrian Legislator has passed digital signature legislation.



    Belgium
    8- A draft Bill on electronic signatures has been introduced and expected to be dealt with in the Upper House very soon. Moreover.

    9- The government has issued a paper on the recognition of electronic signatures including a review of current legislation.

    Brazil
    10- Brazilian Bar Association has presented a draft bill on electronic commerce, electronic documents and digital signatures.

    11- Furthermore two bills concerning e-contracting are pending before Congress: Bill No. 2644 of 1999 (preparation, storage and use of electronic documents) and Bill No.3173 of 1997 (legal validity of digitalised documents). (Source: BNA WILR, 03/00,p. 18)

    Canada
    12- A Survey of Legal Issues relating to the Security of Electronic Information is presented by the Electronic Commerce Secretariat of the Department of Justice of Canada.

    13- The Secretariat also published a Consultation Paper On Facilitating Electronic Commerce: Statutes, Signatures And Evidence.

    14- "A Cryptography Policy Framework for Electronic Commerce -- Building Canadas Information Economy and Society"

    15- The House of Commons of Canada has issued a proposal for a Personal Information Protection and Electronic Documents Act (Bill C-54).

    16- The Uniform Law Conference of Canada (ULCC) together with the Justice Department have proposed the Uniform Electronic Commerce Act (UECA).

    17- Bill 93: Land Titles Amendment Act 1999, which addresses the use of electronic documents

    Colombia
    18- In August 1999, Colombia has approved a law on electronic commerce, digital signatures and certification authorities. The law is based on the UNCITRAL Model Law on Electronic Commerce (Source: BNA WILR, 04/00, p. 3)

    Czech Republic
    19- In June 2000, parliament has adopted digital signature legislation. (Source: Automatiserings Gids, 2 June 2000)

    Denmark
    20- On 22 March 2000 the Danish Ministry of Research and IT published a draft law on Electronic Signatures, which is mainly based on the EU Directive on E-signatures.

    Ecuador
    21- Ecuador is currently in the process of enacting e-commerce legislation, also regulating the main characteristics of electronic contracts. (Source: BNA WILR, 04/00, p. 3)

    Estonia
    22- In April 1997 a commission was formed to address digital signatures and to draft digital signature legislation. (S.A. Baker & P.R. Hurst, The Limits of Trust, ISBN 9041 106359/91)

    Finland
    23- On 1 December 1993 the Act on Electronic Communications in Court Procedures (594/1993) entered into force.

    24- On 1 january 2000 the Act on Electronic Service in the Administration (1318/1999) entered into force.

    25- The Identity Cards Act entered into force on 1 December 1999. It includes amendment of the article 23 of the Population Registration File Act. The Population Registration Center, which is a governmental body, acts as a certification authority concerning electronic services of the administration.

    France
    26- In September 1998 France Telecom, Gemplus, Matra Hautes Technologies and Verisign have launched Certplus, the national CA for the French market.

    27- On 29 February legislation on electronic signatures was adopted (Act. n. 2000-230 of 13 march 2000 adapting the law on proof and evidence to information technologies and on electronic signature). The laws implement the EU Directive on E-signatures into French law.

    Germany
    28- On 13 June 1997 the German Digital Signature Law was approved by the German Parliament (Article 3 of the Multimedia Law ). The law entered into force on 1 August 1997.

    29- The German government has issued a Digital Signature Ordinance (German version) to implement the Digital Signature Law. The ordinance sets out requirements and responsibilities for certification authorities as well as minimum requirements for technical components which are used to create digital signatures. The Ordinance took effect on 1 November 1997. It was amended 1 July 2000 to the evaluation of technical components according to the Common Criteria (CC).

    30- In April 2000 the Federal Ministry of Economics and Technology released a document titled Act establishing a framework for electronic signatures (Signature Act) - Key points of a draft law. The document identifies actions, which are necessary to implement the EU Directive on Electronic Signatures.

    31- A draft for the new Digital Signature Law to be enacted on 1 January 2001 was passed by the government on 16 August 2000 and is expected to be passed by Parliament in September 2000

    Hong Kong
    32- The government enacted the Electronic Transactions Bill at the end of 1999.



    India
    33- In the beginning of 2000, the Ministry of Information Technology has introduced the Information technology Bill 1999 in parliament. (Source: BNA WILR, 03/00, p. 6). On 16 and 17 May 2000, the Indian parliament has passed the Information technology Act. The Act will come into force on the date notified by the Indian government. (Source: BNA World Internet Law Report, 06/00, p. 7

    Ireland
    34- Irish-US Electronic commerce statement. The US president Clinton and the Irish Prime Minister Ahern have digitally signed a Statement on electronic commerce policy concerns. (Bytes in Brief, October 1998)

    35- In August 1999, the Department of Public Enterprise released the Consultation Paper "Outline Legislative Proposals on Electronic Signatures, Electronic Contracts, Certification Service Provision and Related Matters. The ultimate aim is to issue an Electronic Commerce Act.

    36- In July 2000 the Electronic Commerce Act 2000 was adopted and signed by the Irish Prime Minister. The Act deals amongst others with the legal recognition of e-contracts and e-signatures.

    Italy
    37- April 1997 general legislation (Law No. 59 of 15 March 1997) on the simplification of the public administration was issued, providing in its article 15 that the use of electronic means will be legally valid.

    38- On 31 October 1997 the Council of Ministers has adopted the Digital Document Regulations (Presidential Decree No. 513 of 10 November 1997),

    39- On 15 April 1999 the technical rules for digital signatures (only in Italian) in Italy have been published in the "Gazzetta Ufficiale n.87 Serie generale parte prima". concerning the technical rules for the telematic transmission of tax declarations



    Japan
    40- The Certification Authority Working Group of the Electronic Commerce Promotion Council of Japan has released Certification Authority Guidelines (version 1.0). The guidelines "are intended as widely generalizable standards stipulating the requirements of certificate authorities.

    41- In addition the CA Working Group has issued Cross Certification Guidelines (alpha version), which address "the use of certificates mutually recognized across different certification domains".

    42- The Working Group on Legal Aspects of Electronic Commerce of the Ministry of Justice has adopted a report on a legal framework for electronic certification and authentication services in Japan. The framework should be set op by 2001. Electronic signature systems should, according to the report, be based upon existing commercial registration and notarization schemes. (Source: IS Trends).

    43- The Ministry of International Trade and Industry and the Ministry of Posts and Telecommunications, joined by the Ministry of justice, have released a legislative framework for electronic authentication. Legal Provisions Relating to Electronic Signatures and Certification: Promoting Electronic Commerce and Otherwise Laying the Foundation for Network-Based Social and Economic Activities (19 November 1999)

    Jersey
    44- In the end of 1999, the Information Society Commission of Jersey has published a draft law on electronic communications. The draft law deals with amongst others legal recognition of electronic signatures and electronic records.

    Luxemburg
    45- The digital signature draft law of 1998 is replaced by a new version in March 1999. This new draft law takes into account the EU Directive on electronic signatures. On 9 December 1999, the Minister of Justice has announced that the draft law will be split in two parts: (1) one part concerning electronic signatures, and (2) a second part concerning e-commerce in general. The law will not be applicable to Internet banking services, since bilateral agreements between banks and customers regulating Internet banking services already exist. Unclear is when this new draft will be presented to parliament. (Source: personal communication by E. Hansen)

    Malaysia
    46- Malaysia has enacted a Digital Signature Act in 1997

    Malta
    47- On 18 May 2000 the Maltese Government launched a White Paper on the Legislative Framework for Information Practices. This White Paper includes three bills: the first one on Electronic Commerce, the second one on Data Protection and a third one dealing with computer misuse.

    Mexico
    48- On 29 May 2000, the amendments to the Civil and Commercial Codes that set the ground for electronic transactions in Mexico were finally published in the Official Gazette. These amendments, that follow the UNCITRAL model law, enter into force in June 7th. The enactment amended the Federal Civil Code ("CC"), the Federal Commercial Code ("CCom"), the Federal Civil Procedures Code ("CPC") and the Federal Consumers Protection Law ("CPL"). (Source and further reading: News Bulletin on the E-commerce amendments by Baker & McKenzies Mexico E-commerce Team).

    Netherlands
    49- In February 1998, The government adopted the policy document (Legislation for the Information Highway), which was prepared by the Ministry of Justice. According to this document the government intends to include general experimental provisions in the Civil Code, which will give the courts something to hold on to with respect to the application of civil law on the Electronic Highway. In this way it should be possible to seize upon rapid technological developments in a process of trial and error. Secure technologies, such as TTP schemes, biometrics, digital signatures, will most likely play an important role in this process.

    50- The Ministry of Economic Affairs has issued an Action Plan on Electronic Commerce. As regards electronic signatures, the Action Plan refers to the aforementioned project on requirements of form and the policy document Wetgeving voor de elektronische snelweg

    51- The Dutch government is currently drafting legislation, which will implement the EU Directive on electronic signatures. A proposal has however not been released yet. The Directive is said to be - partly - implemented within the framework of the aforementioned TTP.NL project.

    Norway
    52- The Ministry of Justice is presently reviewing the legal status of electronic signatures.(S.A. Baker & P.R. Hurst, The Limits of Trust, ISBN 9041 106359/91

    Slovenia
    53- The Republic of Slovenia has adopted an Electronic Commerce and Electronic Signature Act. (Source: personal communication by the Project Team of the Government Centre for Informatics, Republic of Slovenia)

    South Korea
    54- The draft Electronic Commerce Basic Law and the draft Electronic Signature Act are currently being prepared in order to regulate the increasing number of electronic transactions.

    Spain
    55- In September 1999, the Spanish government has passed a Royal Decree on Digital Signatures, which provides legal effect for digital signatures

    Sweden
    56- In 1996, a report on Electronic Document Handling has been presented by a governmental committee which was established to study the need for change of existing laws as a result of fast developments in the area of IT.

    57- In October 1997 the Swedish Cabinet Office Reference Group for Cryptographic Issues published the report Cryptography Policy: Possible Courses of Action for Sweden as "first step in the development of a Swedish national cryptographic policy"

    58- In February 1998, a Interministerial Working Group of non-political representatives of several Ministries has published the report Digital Signatures - a technological and legal overview.

    59- another report on electronic signatures was published during 1999 by the Interministerial Working Group of non-political representatives of several Ministries, "Electronic signature - Ds 1999:73". The report includes a draft for legislation.

    60- On 18 May 2000 the Government placed before Parliament a proposal for legislation on electronic signatures.

    Thailand
    61- On 14 March 2000 the Electronic Transaction Bill and Electronic Signature Bill have been approved, as part of the National IT Laws Project.

    United Kingdom
    62- On 11 March 1999, DTI announced the Consultation Document on Electronic Commerce (Building Confidence in Electronic Commerce), which addresses.

    63- Electronic Communications Act 2000 - On 18 November 1999 the Electronic Communications Bill was presented to the House of Commons for its first reading and a second reading on 29 November 1999. On 25th May 2000 the Bill has come officially into force as an Act of Parliament.



    United State of America

    [Federal]
    64- The National Conference of Commissioners on Uniform State Laws ( NCCUSL) is studying and issueing electronic commerce legislation.: Uniform Electronic Transactions Act, UCC Article 2 (sales), UCC article 2B (licenses), Uniform Computer Information Transactions Act. Both UETA and UCITA have been approved by NCCUSL at the annual conference meeting of 23-30 July 1999. (Source: BNAs ECLR, 21 April 1999, p. 335).

    65- Electronic Signatures in Global and National Commerce Act of 2000:- On 9 June 2000 House and Senate have reached a compromise on electronic signature legislation and molded H.B. 1714 and S. 761 into a single version ( S. 761). A week later, the Bill was validated by House as well as Senate. "The final version requires a consumer to agree to electronically signed contracts and consent to receiving records over the Internet. Companies must verify that customers have an operating e-mail address and other technical means to receive information. Some notices, such as evictions, health insurance lapses or electricity lapses, must still come in paper form. The legislation, which consolidates the many state laws on e-signatures, does not prescribe the technology that must be used to verify an electronic signature. Security protocols can be as simple as a password, or can utilize fast-emerging new technologies such as thumbprint scanners.

    United State of America

    States
    66- Alabama- Regulations 810-14-1-.33.01, was adopted 29 January 1999 (effective 16 February 1999) ( 810-15-1-.01: the use of a sufficient unique electronic identifier for electronic filings to the Tax Department).


    67- Alaska - Alaska House Bill 345 of 1997, was introduced on 23 January 1998 ("An Act relating to electronic records and signatures, revising certain requirements that signatures be notarized or verified, and providing for electronic records in the state archives; relating to the permanency of records in the state archives; and providing for an effective date.")

    68- Alaska Senate Bill 232 of 1997, was enacted on 3 June 1998 ("An Act relating to electronic signatures, electronic records, requirements for records, and the reproduction of public records.")

    69- Alaska House Bill 415 of 1997, was introduced on 16 February 1998 ("An Act relating to health care information, including privacy protection for health care information; and providing for an effective date.")




    70- Arizona - Arizona House Bill 2518 of 1998, was enacted on 28 May 1998 and allows for the use of digital and electronic signatures by state agencies.


    71- Arkansas- Arkansas SB 912 of 1999 (Arkansas Right to Privacy Act), enacted April 1999.

    72- Arkansas Uniform Electronic Transactions Act of 1999 (HB 1021), adopting the NCCUSL Uniform Electronic Transactions Act, was introduced 9 December 1998.

    73- The Information Network of Arkansas Act , Enacted 11 March 1999 (use of digital signatures with public entities) .

    74- Arkansas HB 1167 of 1999, Enacted 15 March 1999 (general use of digital signatures).

    75- Arkansas HB 1631 of 1999, enacted April 1999 (general use of electronic/digital signatures) .

    76- Electronic Records and Signatures Act, introduced 9 February 1999 (electronic signatures)


    77- California - California is the first State having adopted UETA

    78- California SB 820 of 1999, introduced 25 February 1999 (legal validity of electronic contracts, as envisioned in the draft Uniform Electronic Transactions Act) (BNAs ECLR, 10 March 1999, p. 221)

    79- California SB 1124 of 1999, introduced 26 February 1999 (use of digital signatures with respect to brokerage)

    80- California AB 374 of 1999, introduced 11 February 1999 (use of digital signatures).

    81- Online Disclosure Act of 1997; California Senate Bill 49 of 1997, was enacted 10 October 1997 (Allows (at first) and then requires electronic filing of financial disclosures by political campaign organizations. The use of electronic signatures is not explicitly stated.)


    82- Colorado - Colorado House Bill 1043 of 1998, was introduced 7 January 1998 (electronic signatures)

    83- Colorado Senate Bill 155 of 1997, was enacted 24 April 1997 (electronic signatures)


    84- Connecticut - Connecticut SB 1184 of 1999, introduced 18 February 1999 (use of electronic signatures in corporate documents)

    85- Connecticut SB 1009 of 1999 (Act concerning Electronic Communications), introduced January 1999.


    86- Delaware - Delaware Electronic Transactions Act; Delaware SB 431 of 1997, was introduced 30 June 1998 (general use of electronic signatures)


    87- District of Columbia - District of Columbia Code 1981 s. 1-1181.1


    88- Florida - Florida SB 294 of 1999, introduced 2 March 1999 (use of electronic signature with respect to electronic filing of records with the Department of State).

    89- Florida SB 1830 of 1999, introduced 2 March 1999 (use of electronic signature with respect to electronic filing of records with the Department of State).




    90- Georgia - Georgia SB 61 of 1999, was enacted April 1999 (relating to electronic signature pilot projects, so as to recreate the Electronic Commerce Study Committee)

    91- Georgia SB 62 of 1999 (Georgia Electronic Records and 3 Signatures Act) was enacted 31 March 1999 (use of electronic signatures and secure electronic signatures) (Source: BNAs ECLR, 31 March 1999, p. 282).

    92- Georgia HB 511 of 1999, was introduced 8 February 1999 (use of electronic signature with respect to information used in the operation of an 6 emergency "911" system).

    93- Georgia HB 312 of 1999, was enacted April 1999 (authorizes the Georgia Real Estate Appraisers Board to adopt regulations establishing procedures to reduce the use and retention of paper forms and documents, for the submission of forms and documents by facsimile or electronic means, and for satisfying signature requirements by electronic or voice signature or other means)


    94- Hawaii - Hawaii Revised Statutes, Chapter 601;Hawaii SB 2401 of 1995, was enacted 17 June 1996 (Electronic filing of court documents).

    95- Hawaii Digital Signature Act; 1997 Hawaii SB 961 of 1997, was passed in Senate on 4 March 1997 (Providing for the licensing and regulation of Cas.


    96- Idaho - Idaho Electronic Signature and Filing Act; Idaho SB 1496 of 1998, was introduced 18 February 1998 (electronic signatures with respect to the filing and issuing of documents by and with state and local agencies).

    97- Idaho HB 221 of 1997, was enacted 24 March 1997 (the use of electronic signatures, the signing of documents pertaining to the Idaho Business Corporation Act


    98- Illinois - Illinois Commission on Electronic Commerce and Crime. Presented the Illinois Electronic Commerce Security Act; 1997 Illinois House Bill 3180 in the Illinois General Assembly on 11 February 1998. This Act was enacted on 14 August 1998 (Source: BNA ECLR, 19 August 1998, p. 1030).

    99- Financial Institutions Digital Signature Act; Illinois HB 597 of 1997 (the use of electronic signatures by financial institutions)

    100- 1997 Illinios Senate Bill 516 & 1997 Illinois House Bill 276, was enacted 27 June 1997 (Allowing the use of digital signatures for communications between state agencies and the comptroller)


    101- Indiana - Electronic Digital Signature Act; Indiana HB 1945 of 1997, was enacted 13 May 1997 (the use of digital signatures by the state or a state agency other than the judicial branch, legislative branch, and educational institutions)


    102- Iowa - Iowa Electronic Commerce Security Act; Iowa HB 2474 of 1997, was enacted May 1999 (general use of electronic signatures and digital signatures).

    103- Code of Iowa Section 48A13 of 1995, was enacted (electronic signatures for voter registration forms).

    104- Iowa SB 457 of 1997, was enacted 18 April 1997 (the use of electronic signatures in pharmacy practice)


    105- Kansas - Kansas Digital Signature Act; Kansas HB 2059 of 1997, was enacted 15 May 1997 (the use of electronic signatures by the public and private sector)


    106- Kentucky - Kentucky HB 708, was introduced on 24 February 1998 and enacted April 1998 (use of electronic signatures)

    107- Kentucky SB 390 of 1998, was enacted April 1998 (use of electronic signature with respect to state contracts)

    108- Kentucky Electronic Commerce Act (SB 350), was introduced February 1998 (use of electronic signatures)

    109- Kentucky Act on Electronic Medical Records Authentication - HB 422

    110- Kentucky Electronic Records and Signatures Act; Kentucky HB 194 of 1998, was introduced 8 January 1998 (general use of digital and electronic signatures)


    111- Louisiana - Louisiana HB 1448,1587,1628,113,148,340,493, 817 were introduced March 1999.


    112- Maine -Maine HB 1525 of 1997, was introduced 20 January 1998 (the use of electronic records and signatures with respect to archives)

    113- Maine SB 473 of 1997, was enacted 10 June 1997 (the use of electronic signatures with respect to applications under the Motor Vehicle Code)




    114- Maryland - Maryland Digital Signature Proposed Regulations (providing Criteria to Determine if Digital Signature Technology and Practices are Acceptable for Use Under the Digital Signature Pilot Program).


    115- Massachusetts- Electronic Signatures and Records: Legislation, Policy and Technology


    116- Michigan - Michigan Digital Signature Act; Michigan SB 204 of 1997, was introduced 19 February 1997 (the use of digital signatures by the public and private sector)


    117- Minnesota - Minnesota HB 1312 of 1999, was introduced March 1999 (regulating the duties of the secretary of state as a licensed certification authority; specifying the consequences of accepting certain digital signatures)

    118- Minnesota HB 205 of 1999, was introduced January 1999 (use of electronic signatures

    119- Request for Proposals for Digital Signature Certification Authority and Repository "The purpose of the RFP is to ask respondents for an implementation that makes the Secretary the root certification authority while leaving the creation, operation and maintenance of the certification authority and repository functions to the respondent".

    120- Minnesota Electronic Authentication Act; Minnesota SB 173 of 1997, was enacted 19 May 1997 ("relating to commerce; providing for the use, validity, and security of electronic signatures and messages transmitted in commerce"; general use of digital signatures, PKI) Implementation rules on electronic authentication have been adopted by the Secretary of State Office on 13 November 1998.

    121- Minnesota HB 241 of 1997, was enacted 2 June 1997 (the use of electronic signatures with respect to motor carrier documents)

    122- Minnesota SB 1905 of 1997, was enacted 30 May 1997 (the use of digital signatures)

    123- Minnesota HB 2707 of 1997, was introduced 26 January 1998 ("relating to commerce; regulating authentication and reliability of electronic messages; exempting government keys from public inspection and copying under the Government Data Practices Act"; amending the Minnesota Electronic Authentication Act. Identical to 1997 Minnesota Senate Bill 2044

    124- Minnesota SB 2044 of 1997, was introduced 20 January 1998 ("relating to commerce; regulating authentication and reliability of electronic messages; exempting government keys from public inspection and copying under the Government Data Practices Act"; the use of digital signatures, amending the Minnesota Electronic Authentication Act)

    125- Minnesota SB 2068 of 1997, was introduced 20 January 1998 ("relating to commerce; providing for the reliability of electronic messages; providing for certification authorities; providing licensing and enforcement powers"; the use of digital signatures by the public and private sector, amending Minnesota Electronic Authentication Act)

    126- Minnesota HB 2706 of 1997, was introduced 26 January 1998 ("relating to commerce; providing for the reliability of electronic messages; providing for certification authorities; providing licensing and enforcement powers"; general use of digital signatures)


    127- Mississippi- Mississippi Digital Signature Act of 1997; Mississippi HB 752 of 1997, was enacted 17 March 1997 (general use of digital signatures)

    128- Mississippi HB 1313 of 1997, was enacted 25 March 1997


    129- Missouri - Missouri SB 412 of 1999, was introduced February 1999 (Requires statewide candidates to file campaign reports electronically)


    130- Montana - Montana Electronic Transactions With State Agencies Act and Local Government Units (Montana HB 188 of 1999), was introduced January 1999.


    131- Nebraska - Nebraska LB 552 of 1999 (no signature required in case of electronic recordings and filings)


    132- Nevada - Nevada SB No. 42, was enacted 26 April 1997 - Committee on Government Affairs of January 29, 1997. ("Authorizes state controller to provide by regulation for use of electronic symbols to substitute or supplement certain signatures")


    133- New Hampshire- New Hampshire SB 472 of 1997, was introduced 12 January 1998 (the use of electronic signatures for certain filings)


    134- New Jersey - N.J. Reg. 1153 (a), proposed 3 April 2000 by the N.J. Division of Taxation (electronic filing of gross income tax returns; four-digit PIN satisfies signature requirement)

    135- New Jersey SB 1158 of 1998, was introduced 28 May 1998 (the use of digital signatures for certain State services)


    136- New Mexico - Electronic Authentication of Documents Act; New Mexico HB 516 of 1996, was enacted 4 March 1996 ("to establish standards and procedures to allow for the use of electronic authentication in substitution for a signature")


    137- New York - Electronic Signatures Act (SB 2155 of 1999), was introduced February 1999 (use of electronic and digital signatures) (BNAs ECLR, 10 March 1999, p. 220)

    138- New York SB 6197 of 1997, was introduced 10 February 1998 (the use of electronic signatures)

    139- Digital Signatures Act; New York SB 2238 of 1997, was introduced 5 February 1997 and Digital Signatures Act; New York AB 6813 of 1997, was introduced 4 March 1997 (both bills are similar to the Utah and Washington Digitals Signature Acts)


    140- North Carolina - North Carolina Electronic Commerce Act; North Carolina HB 1356 of 1997, was enacted 31 August 1998


    141- Ohio - Ohio SB 162 of 1999 was introduced July 1999


    142- Oklahoma - Oklahoma HB 1411 of 1999 (pilot program for the use of electronic commerce, including the use of digital signatures in state government)


    143- Oregon - Oregon SB 214 of 1999 was introduced January 1999


    144- Pennsylvania - Pennsylvania SB 1385 of 1997, Enacted into law on 24 November 1998 (digital signatures)


    145- Rhode Island - Digital Signature Act; Rhode Island HB 6118 of 1997 , was enacted 8 July 1997


    146- South Carolina - South Carolina Electronic Commerce Act (South Carolina SB 1167 of 1997), was enacted 26 May 1998


    147- South Dakota - South Dakota SB 63 of 1999


    148- Tennessee - Identity Theft Prevention Act (Tennessee SB 1241 of 1999), was introduced February 1999


    149- Texas- Texas HB 984 of 1997, was enacted 1 June 1997 (the use of digital signatures in communications with state agencies)

    150- Texas SB 645 of 1997, was enacted 20 June 1997 (the use of electronic signatures on documents communicated to the comptroller)

    151- Texas SB 370 of 1997, was enacted 20 June 1997 (the use of electronic signatures for applying and issuing motor vehicle licenses)

    152- Texas Digital Signature Rule No. 201.14, was issued 5 February 1998 .


    153- Utah - Utah SB 76 (amending the Utah Digital Signature Act) was approved by the Utah House on 26 January 2000


    154- Vermont - Vermont SB 206 of 1997, was introduced 6 January 1998 ("This bill proposes a digital mechanism to authorize the signing and authentication of documents")


    155- Virginia - Virginia SB 807 of 1999, was introduced January 1999 (enables persons to file absentee ballot applications electronically through the Internet and ensures that false statements made electronically are punishable)


    156- Washington - Washington SB 5134 of 1999 (Foreign Protection Order Full Faith and Credit Act), was introduced January 1999 (the use of digital signatures to file foreign protection orders)

    157- Washington SB 5962, was approved 2 March 1999 (clarifies the Electronic Authentication Act; the voluntary use of digital signatures between state agencies and citizens for official business) .

    158- Washington Electronic Authentication Act - Washington SB 5308 of 1997, was enacted 15 April 1997 (the use of digital signatures; amending the Washington Digital Signature Act)

    159- Washington Digital Signature Act


    160- Wisconsin Wisconsin AB 811 of 1997, was enacted 30 June 1998 (general use of digital signatures)


    161- Wyoming Wyoming Statutes 9-1-306 (allowing limited use of digital signatures for documents electronically filed with the Secretary of State)

    Venezuela
    162- Venzuela is currently in the process of enacting e-commerce legislation, also regulating the main characteristics of electronic contracts







  3. #3
    Jan 2006
    7,816




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    10- ( :- U.S BANCORP RIPER JAFFRAY, press ralease. April 26 1999, http://www.piperjaffry.com )

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    3rbmall.fathi
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