for Bermuda as it competes in the international market place. But some key legal issues must be addressed. David Fox reports The Bermuda International Business Association (BIBA) and Government want to push the Island to the cutting edge of emerging business opportunities, especially as they relate to information technology, BIBA chairman Glenn Titterton said recently.

Opportunities like Internet-based businesses are being developed as new services are being desired and required.

Mr. Titterton was speaking after BIBA's AGM when Bermudian lawyer, Duncan Cornell Card, a trade specialist and partner with Toronto law firm, Davies, Ward & Beck identified several areas of emerging commerce that Bermuda could exploit.

The author and arbitrator conceded he was proud to discover that these ideas were already being considered by Government and the business community.

But he underscored the need to put in place a legislative framework to succeed in the digital age.

He discussed the expected deluge of litigation over the Millennium Bug issue.

But he also said, "Internet-based electronic commerce is of particular interest to me and one of immense potential for the Island of Bermuda.

Copyright law reforms...there are initiatives in Bermuda now underway.

"And data-base protection is not anything that has been dealt with adequately in any jurisdiction yet.

"It is something that will be germane to any electronic commerce transaction that is commenced.'' He said there would be a marked increase in lawsuits involving corporate governance and directors concerns worldwide.

And Bermuda could capitalise on the need for a centre for arbitration and dispute resolution, class action suits and litigation involving licences for off-the-shelf software.

He talked of "the amount of legal uncertainty there is in the marketplace when it comes to information technology. And a jurisdiction that moves to resolve that uncertainty through legislation, public policy and other initiatives will have an immense competitive advantage around the world in these areas.'' He spoke of the conflicting legal decisions involving the purchase of software.

And he cited one US case (the Pro-CD case) in which a highly criticised court decision held that even though an individual had paid for software and left the store with it, they hadn't actually purchased it until they took it home, loaded it onto the computer and then read the terms and conditions of the purchase.

Mr. Card said, "And now you have a leading case in the States, contrary to England, Canada and Australia, saying the licences are unenforceable.

"Now think about a company in Bermuda which is going to distribute software around the world, shrink wrap licence, where the choice of law is Bermuda law and there are relationships established with trading partners for distribution. An interesting opportunity.'' He said the development of electronic commerce was being hampered because countries had failed to invoke legislation to deal with the protection of domestic web site industries.

He said there were a number of issues that jurisdictions would have to grapple with, including performing rights and residual rights of artists once they have sold their work as to what can happen to that work.

Mr. Card also touched on another area of increasing importance, as companies pay larger and larger sums to other companies to obtain customer information or data that can be used in future marketing efforts.

He said, "There are thousands of companies that won't come and buy the (products) from your business. But they'd love to get your data.

"They'd love to know what Duncan Card likes to buy, when he likes to buy it.

How often? What price range? "And then they can do direct mailing, direct sampling, get access to his computer and do marketing.'' Mr. Card continued: "Data is so valuable, and yet, jurisdictions have been very slow, for many reasons, to codify (in law) data as a part of property.

"What an advantage it would be for any jurisdiction to seize that in advance as a first-to-market initiative.'' Other levels of law that leave much uncertainty in our new digital economy include issues of confidentiality.

He concluded, "I'm very excited about the opportunities Bermuda has for a digital economy. Trust me. I'm a lawyer.'' DUNCAN CARD: Excited about opportunities facing Bermuda in the digital age.

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