香港机遇与挑战-EECUHK.PPTVIP

IT REGULATORY FRAMEWORK IN HONG KONG The Chinese University of Hong Kong Department of Electronic Engineering Sin Chung-kai Legislative Councillor (IT) January 20, 2003 AGENDA Regulatory Approach Electronic Transactions Ordinance Copyright Privacy Computer Related Crime Upcoming legislation REGULATORY APPROACH Avoid undue legislation Make or amend laws only when existing ones are not sufficient to deal with the new technological developments Encourage self-regulation By industry associations e.g. Code of Practice on Regulation of Obscene and Indecent Material by HKISPA REGULATORY APPROACH Apply existing laws to the cyberspace Cyberspace: one of the various media Publish obscene articles on the web = Publish obscene articles in printed media = Infringement Technology-neutral approach Maintain flexibility to keep pace with technological advancement ELECTRONIC TRANSACTIONS ORDINANCE (Cap.553) Enacted on 5 Jan 2000 To provide legal basis for the use of electronic transactions for commercial other purposes the framework to promote and facilitate the operation of recognized certification authorities (CAs) so as to ensure confidence and security in electronic transactions. ELECTRONIC TRANSACTIONS ORDINANCE Writing (s.5) Signature (s.6) Presentation retention of information in electronic records (s.7-8) Electronic contracts (s.17) Certification authority ELECTRONIC TRANSACTIONS ORDINANCE Purpose of establishing CAs To encourage the use of digital certificates Adopt minimum regulatory control on licensing requirement to encourage private sector involvement Establish Code of Practice to specify the standards and procedures for recognized CAs to carry out their functions ELECTRONIC TRANSACTIONS ORDINANCE 4 recognized CAs HongkongPost Sign Certification Services Ltd. Joint Electronic Teller Services Ltd. HiTRUST.COM (HK) Incorporated Ltd. REVIEW OF ETO Legal recognition of other forms of electronic signatures, e.g. PIN, biometrics Security concerns? Legal requi