bad. Mr. Card, who is based in Toronto, had written the original draft research on proposed electronic commerce, and seemed all set to be placed in a consultant's role to lead the charge.

Mr. Card's June 30, 1998 draft document was submitted to then United Bermuda Party finance minister Grant Gibbons in a document entitled the "Cyberlaw Advisory Report''. The UBP, in pre-election barnstorming, then outlined their strategy with an electronic commerce policy statement in September outlining a number of steps to be taken, including establishing a basic legal framework.

Mr. Card seemed to have been annointed as the UBP shoe-in for the role. Then the Progressive Labour Party won the election in November and opened up the role for bidding. Rightly so.

As shadow finance minister, Dr. Gibbons chided the PLP in the House of Assembly two weeks ago saying that the "critical momentum has been allowed to dissipate'' because the "superb working partnership'' with the original Bermudian consultants had been broken.

Perhaps momentum has been lost, but only by a few months. OK. I know that the standard line is that in cyberspace that a few months is eternity. But the time that has supposedly been lost will be made up for by opening up the process in an attempt to get the best person for the job.

Perhaps Mr. Card is the best person for the job but the UBP had fallen into the trap of putting in place their chosen people, and not opening up their vision to see what else was available. The PLP went about the issue in a more business oriented approach and I hope they continue to follow the pattern by putting up other areas where help outside of Government is needed, up for bid.

By putting the consultant's role up for bid they invoke competition from among the best in the world and will get to see a range of prices for the job. They will get to balance the quality of submissions -- including Mr. Card's -- with price.

I know if I were a hopeful contestant for the job I would underbid the price for the role. Who ever wins and does the job can claim valuable expertise that can then be shopped around the world as other countries also set about forming legislation. This is a chance to work on a model. So price shouldn't be the major consideration here.

The deadline for submission was last Friday and I know that New York-based law firm Beck & Arad, and local consultancy William Storie & Co. have submitted bids. Government's request for proposals was also sent to local law firms Diel & Myers, Conyers, Dill & Pearman, Appleby, and Spurling & Kempe.

The document was also sent internationally to Harry Gutman of King & Spalding in the US, Mark Kaplan of Skadden, Arps in New York, Christopher Millard of Clifford Chance in the UK, Robyn Durie of Linklaters & Paines in the UK.

Let's hope they all put in submissions. Let's also hope Government allows the submissions to be made public and outlines it's reasons for choosing one over the others. That's the way to get everyone enthusiastic and behind the project.

The Government will announce who's selected for the job by March 17. May the best bid win. That's the way it should be.

The RFP lays out Government's objectives which are to develop a new sector of the economy to create jobs and economic growth, get Bermudians on the Internet, and provide training in information technology.

The RFP also requires the winning bidder take guidance from Mr. Card's original draft document. Judging from the draft document Mr. Card is as qualified as any for the role. He certainly did a lot of good research and covers a lot of ground.

The eventual legislation will have to cover legal protection of consumers, privacy and property. The legislation will have to protect consumer rights, intellectual property, privacy and security. Measures to prevent fraud and resolve disputes must also be included.

If Mr. Card is awarded the job all the more power to him. Development of Bermudian talent in this area is essential. Any bidder who wins should use local talent here so as to ensure proposed legislative measures fit with current Bermuda practice.

The legal framework that is developed must be general enough and flexible enough to be amended to and added to as necessary. New issues are constantly arising in the area of electronic commerce as the industry speedily forges ahead on the Internet. New business models are being found, old ones discarded or amended.

Perhaps the new investor protection legislation passed last year could be a model. The legislation sets out the guiding principles and the formation of enforceable codes of conduct to be followed by those in the investment sector.

The legislation is not in force yet and we're awaiting word when that'll occur.

Electronic commerce legislation will have to be brought into force much faster and could work along the same principle, fostering the industry with Bermuda's vaunted marketing strategy -- light but effective regulation.

There are already companies lining up to use the Island, and some like Ecomm, already are here. The trick is to figure out what works from Bermuda, and what doesn't.

*** Tech Tattle deals with issues in technology. Contact Ahmed at 295-5881 ext.

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