Log In

Reset Password
BERMUDA | RSS PODCAST

E-commerce bill needs additional public input

Bermuda got its first view of its much heralded electronic commerce bill on Friday. The Electronic Transactions Act 1999 was tabled in Parliament.

At first glance the bill attempts to ensure contracts and other procedures for conducting electronic commerce are made under basic legal principals, the same as other commercial transactions.

The bill is also an attempt to ensure that Bermuda is in compliance with European Union -- and other jurisdictions' -- data protection and safe harbour requirements. This is important so transactions can be done between companies here and other jurisdictions without any legal barriers.

According to the bill's explanatory memorandum, Bermuda's ambitions are to lay "a foundation for the conduct of electronic transactions on a technology-neutral basis that is sufficiently flexible to embrace new technological developments and that contemplates a high degree of self-regulation''.

In that statement one can see the code words -- "flexible'' and "self-regulation'' -- signifying the general principles Bermuda has followed in establishing itself as an offshore jurisdiction. I like the fact that the bill attempts to keep its ambit general so as to capture all forms of electronic commerce. The concept and the reality is changing so fast that the bill might have become outdated rather quickly if those who drafted it had attempted to make narrow definitions.

In the area of self-regulation the bill will establish an e-commerce advisory board of five to 11 members. It will be interesting to see who gets on the board. I bet there will be a lot of jockeying for position among those with dollar signs in their eyes. That in itself won't be bad, just so long as the Ministry of Finance officials and the Minister in charge keeps the greed factor firmly channeled forward in Bermuda's favour.

The bill is short, sweet and to the point. Missing of course -- and this is the debate that will have to be entered into over the next few months -- are the educational, social, and business initiatives so all Bermudians can participate in this new sector of the economy.

Adult training, a new educational curriculum for those still in school, and cheap Internet access will have to be priorities or there will be a further widening of the divisions in this society. Electronic commerce presents a new chance for people not to be left out of the economy. Bermuda's chance to become a major centre will be held back if they are left out.

Government ministers have met with the various business organisations to discuss the legislation and their views on electronic commerce. Where are the meetings with the rest of the population? Let's not be patronising here. Electronic commerce reaches through so much of society that it's time to hold debates with the students who'll run this economy and the rest of the public who are desperate not to get left behind.

Electronic commerce has awakened entrepreneurship, and new sources of revenues and cost savings for existing business elsewhere and will do so here.

I bet if Government was to call a public meeting at Bermuda College -- not just to allow speeches to pat itself on the back, but to allow open guided debate -- there wouldn't be enough room for the number of people who will show up. (To hedge my bet I'll say they have to properly promote the debate through the media and advertising.) Here it is. I challenge Eugene Cox and Renee Webb and the other ministers involved to hold such a debate while the summer students are back on the Island. The Ministers get 10 minutes each to have their say. The rest of the time should be taken up by debate. They'll get their chance to correct any misconceptions -- and there are many -- through the questions. Through listening Government, will also get a chance to fine tune their direction going forward.

Computer, telecommunications and other related organisations and businesses could help hold such debates or a number of debates. A similar debate can be held for high school students so they get a taste of the new economy.

Top Ten: According to the US Federal Telecommunications Commission, the Securities and Exchange Commission, and Internet Fraud Watch, the top ten frauds on the Internet involve online-auction fraud, pump-and-dump stock scams, multilevel marketing, credit card cramming, loans and credit with advance fees, credit repair, bogus travel prizes, get-rich-quick schemes, health and diet elixirs, and work-at-home plans.

Multilevel marketing involves participants paying a monthly fee under a programme which requires them to recruit others into what's basically a pyramid scheme. Credit card cramming involves charges for services the card owner never ordered.

The organisations advise surfers to be wary of claims being made without independent confirmation of performance, requests for up front payments in an offer made to people with bad credit backgrounds and no collateral, Web sites with grammatical or spelling errors, instructions to send money to a mail drop or post office box, or a request to meet the surfer in person. Be careful out there.

Tech Tattle deals with topics relating to technology. Contact Ahmed at techtattle ygazette.newsmedia.bm or 295-5881 ext. 248 or 238-3854.