Cyberlaw
CYBERLAW described
Part One
Cyberlaw can be described and defined in various ways. Cyberlaw as a field of law was once even denied and compared to the “law of the horse”. Simply described, Cyberlaw is the law as it applies to ICT (Information and communication technologies), then, now and in the future.
A Simple example would be the law of contract. For interest’s sake lets go back to the time of the great shipping companies when wind and guts (and a great deal of luck) dictated the fulfilment of a contract.
We start by putting the person who makes the offer in Taipei and the person who must accept it in London. A typical contract for the day and a great technological breakthrough. The offer is made in Taipei and the acceptance of the offer in London. English law dictated that the contract became binding when the offeree (guy in London) accepted the offer.
MANY MANY YEARS LATER ...
Part Two
Many many years later the great great great and even more great grandchildren sent a contract by e-mail, from Taipei to London. This happened in 1994. Why couldn't the old law apply? What is the difference?
Well, no paper, signatures are not original (because the contract is not posted, if it was posted old law applies, got you), the contract can be duplicated for ever and ever, so nothing is original, everything is a copy.
Furthermore, a ship arrives at a specific time and place and departs at a specific time and place like snail mail. When in context to this contract sent by e-mail has the contract been sent and received? Cyberlaw answers these questions.
The Electronic Signatures Act of China 2001 and the UK Electronic Communications Act 2000 defines the offer, acceptance of the contract in electronic form as well as when it was deemed to have been sent and received as well as defining the information in electronic format. In summary the grandchildren suffered until cyberlaw came to the rescue.
In the meantime did you hear about the robot who fell in love with his neighbours daughter….the year 2050?
