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MPs pass e-commerce legislation

Government's job is to act as a facilitator for e-commerce and to set standards so that Bermuda could maintain its reputation as a pristine jurisdiction, Telecommunications Minister Renee Webb told the House of Assembly.

Commerce Act.

Government's job is to act as a facilitator for e-commerce and to set standards so that Bermuda could maintain its reputation as a pristine jurisdiction, Telecommunications Minister Renee Webb told the House of Assembly.

Concluding the general debate on the bill, she claimed Bermuda would be the second country in the world to have e-commerce legislation in place after Singapore and this showed Bermuda understood the importance of this industry.

In answering Shadow Finance Minister Grant Gibbons' comment that e-commerce should be a part of the Finance Ministry and not in Telecommunications, she said her Ministry would continue to consult with the Finance Ministry in the vetting of companies wishing to do business from Bermuda.

Ms Webb said the cost of telecommunications should decrease and access to the Internet in Bermuda was very costly. She stressed the importance of being competitive.

She also said the Country needed to be proactive in marketing itself as an e-commerce jurisdiction and said Government was considering turning Southside into a technology site.

The House then went into committee.

Opposition Leader Pamela Gordon was concerned about the kind of regulation that would be provided for service providers.

She said it appeared as if regulation was optional or discretionary instead of compulsory.

Ms Webb said the bill provided for the acceptance of certification from another jurisdiction. This regulation was not discretionary; the law added to the credibility of Bermuda by allowing recognition of other reputable jurisdictions.

Dr. Gibbons asked whether firms who were authorised from the US would have to pass a test for Bermuda.

And Cole Simons (UBP) raised concerns over companies using names, other than their own, which he believed could open the door for undesirable operators.

But Ms Webb said any service using anonymity would itself have to be authorised.

Certification would come eventually, she said, but at present they wanted the market to develop.

And those that came with certification, whether from the US or Europe, would have to meet the criteria set by the Government.

No-one would be allowed to set up any sort of gambling website using a Bermuda domain, she added.

Dr. Gibbons queried what safety nets were in place for residents buying goods and services over the Internet. Ms Webb replied that each buying procedure had a series of checks and balances to ensure people knew what they were doing.

John Barritt (UBP) said the question of liability for erroneous or potentially illegal material being posted on the Web should be looked at again, with regard to the Web provider being responsible for what is put on a site.

But Ms Webb said the onus was on the intermediary so material could be taken off immediately.

The bill was passed without any amendments.