The UK Government introduced
its long-awaited Electronic Communications Bill this week, but
without the controversial law enforcement provisions, which will
be enacted separately.
The Bill establishes a legal framework
for e-commerce in the UK by recognising electronic signatures
and digital certificates and giving them the same legal status
as written signatures in court proceedings. It also establishes
a voluntary industry licensing scheme for e-commerce security
providers that offer authentication and encryption services.
Initial reactions to the Bill
have been mixed. Industry representatives, while supportive
of the principles of the Bill do not believe that it goes far
enough, as it does not attempt to address more fundamental legal
and fiscal issues affecting e-commerce such as service providers'
liability, intellectual property rights and taxation that are
currently being debated in international forums. Despite these
misgivings, the recognition of electronic signatures should still
provide a vital boost to the fledgling UK e-commerce industry
when it is put into effect.
The Government has not yet announced
a timetable for implementation of the Bill, and will need to prepare
a significant amount of secondary legislation before it can do
so. There are said to be more than 30,000 mentions of written
signatures in the body of UK primary legislation, presumably not
including case-law.
The good news is that passage
of the Bill virtually assured now that its controversial law
enforcement provisions have been removed. These clauses would
give police the power to decode encrypted internet messages and
will instead become part of a new bill to amend the Interception
of Communications Act.
Full details of the Electronics
Communications Bill are available on the UK Department of
Trade and Industry website (http://www.dti.gov.uk).