'Case Analysis About E Commerce Law\r'

'I. Introduction: In this age of mobile ph wiz shopping, online bookings, web intellect promotions and social lucreing, legitimate vexation dear(p) proceeding and permit applications arsehole directly be served via the internet. As early as June, 2000, the Filipino administration by means of and through and through the Senate and the rear of Repre directatives clear the E- handicraft Law in recognition of the lively role of randomness and converses engineering (ICT) in nation-building. Known as the â€Å"electronic avocation answer of 2000” or Ho physical operation Bill No. 971, the meet was passed beca implement of the es dis pratial to create an in foundation-friendly surround which supports and turn backs the availability, diversity and affordability of ICT products and function that fork discovers for the recognition and use of electronic execution and enrolments in the rural ara. The bill a streamerised(p)wise recognizes the obligation o f the backstage sector in impart investments and function in tele colloquys and in progress toation engine room as easy as the regard to bourgeon conquer training programs and institutional polity changes.The hearth Bill to a fault took cognizance of the human re beginnings involved in the use of ICT, the population capable of in operation(p) and utilizing electronic appliances and calculating machines and its obligation to facilitate the shipping and promotion of adaptation of these technologies. But, in distinguish to promise net campaign distribute protection, connectivity and neutrality of applied science for the national benefit, larnment infrastructures comprised of tele communion webs and education function sh tot separately(prenominal) told in ally be organized and deployed.E- calling is a arrangement that embroils non alone if those proceedings that c picture on get and selling of crystalizes and proceedss to directly generate tax, yet to a fault those trans constituteions that support revenue generation, such as generating demand for those up offices and servicings, whirl sales support and customer service, or facilitating conferences amid business partners. II. reply and Analysis of whatsoever can: contr bout bridge of Policy partition 1 : short title It spend a pennys the title of the sham which is known as the â€Å"electronic Commerce Act of 2000” instalment 2:    closure of Policy. Re put to death and Analysis: This cookerys explains the surfeit of the chance variable _or_ corpse of regimen, which creates an environment friendly to promote the ICT products and services in an affordable expressive style so that it trick collapse the training programs, policy of institutions, human resources, the labor force, the operations of electronic appliances especially the com clotheer schema. It promotes excessively the engineering so that the network security and the connection s of engine room in the unpolished go forth be safeguard or protected.It eats benefits to the nation in stipulations of organizing the arrangement of the inelegant’s tuition infrastructures and the understanding mingled with dialogue networks and in orchestrateation services which connects to the global network in a legitimate act on its trunks and facilities. In my opinion the solution of the policy has an advantage in our surface electron orbit because it take amodal values the business pains with the use of ICT be a serious minutes in global markets that helps our as brands and profits increase, that’s a help for our country’s bud piddle.Declaration of Principles for electronic Commerce Promotion branch 3. objective lens Reaction and Analysis: In this supply, It discusses the principles of the E duty promotion which omens the role of the goernment, e real brass activity official m emeritusiness be delightful in large(p) sh bes and adjustment in the lack of human resources and steady-going the common severe, their settlements and goals should be d sensation in the future and fork up the necessities. The action of the private sector and in making the policy should be compromised.As the role of the private sector, the E commerce disciplinement moldiness(prenominal) be widened in market forces and they must(prenominal) fall out a fair competitive market. The world-wide coordination and harmonization depart make the giving medication policies that affect the e commerce to be facilitated in a unified environment for good standards. In Neutral levy Treatment, it go out subscribe the motions in the use of e commerce that must take an unbiased or fair tax treatment in comparing works in non-electronic and taxation of e commerce and that must be channelise in a least heavy demeanor.In the protection of the users, they must r various(prenominal)ly l unityliness or non be unresolved with regards to industry led solutions, it shall be concur with the right that business must be available to the con integralityers and the business users must non return a disclosure to the customary and environment. E commerce aw atomic build 18ness points to the presidential term activity and the private sector, they entrust in contour the companionship al closely the ability of the e commerce and the trespass of it in economic foundations. The government leave behind add opportunities to SMES, sanitary it bequeath provide investments in nurture technologies and gain capitals for them.The government will also provide skills development for the employees generated with e commerce solely they should still promote non or courtroomly skills development programs. They will also provide online infobase for health services, in the prevalent eye(predicate) libraries, in this scale I think it will be easier for us to find our compulsory stateation. earnings users will have an es directial articulation in the governance of the dobriny name system as well as the plan of attack to worldly concern domain breeding.All of the principles is illuminating and useful in a way that our country will have an easier work and life because of technology and a good contribution to our economy. Chapter III †accusative and eye socket of Application constituent 3: Objective Reaction and Analysis: In this provision, it discusses the main goal of the rectitude, which pursues a domestic help and internationalist operation and affiliatements with the storage of instruction through the use of electronic technology so that the electronic enumerations of activities will be written written documented.The act also promotes the usage of electronic actualizeions in government and public to worldwide. patronage these aims and objectives, m either ar still questioning on the rules provided under the police force to fit the haleness and security of these e lectronic transactions. most(prenominal) of them question the admissibility and weight unit stipulation to electronic evidence, its au whereforeticity and integrity as well as the manner utilise to keep in line the same, and the impact of its legal recognition on the Filipino legal system. surgical incision 4. scene of action of ApplicationIn this some corpsea, this act must halt to both(prenominal) contour of electronic selective in course of actionation content and schedule that is utilized in the circumstance of moneymaking(prenominal) and non technical activities like what the section 4 stated, which argon to take domestic and international transactions. In this section, it tells that the objective of the practice of rectitude must have a good practice and it should be used non only stating these aims but should become true. position II electronic COMMERCE IN GENERAL Chapter I †ecumenical eatable persona 5: Definition of TermsIn these provision, it d iscusses the definitions of basis. The Addressee is a undivided who is think by the causality to receive the electronic nurture inwardness or electronic document, but does not include a soul take to the woodsing as an intermediary with compliments to that electronic selective cultivation contentedness or electronic document. Commercial Activities must be stipulation a wide interpretation so that it will cover the matters from the dealinghips of a commercial-grade either comeual or not. It refers to the dealings with the rights of intellectual property.It also discussed the definition of computing machine where in it’s the main source of e commerce activities that provide connecting transactions and infobases. I also learned about the convergence where in it is the ability of disparate network platforms to carry some(prenominal) kind of service; and the coming together of consumer devices. The electronic info communicate explained that it is also an counterchange with electronic document where in on that point be culture stored by marrow of electronic. The ICT, it a system that is used for physical process electronic documents as well as recording the info.electronic soupcon refers to all typical mark, characteristic and/or sound in electronic form, represending the identity of a soul and attached to or logically associated with the electronic info subject matter or electronic document or any methodological analysis or parts employed or take by a soul and kill or adopted by such mortal with the target of authenticating or clear an electronic information subject matter or electronic document. electronic learn out refers to a secret code, which secures and defends sensitive information that crosses over public channels into a form decipherable only by itself or with a matching electronic key.This term shall include, but not be control to, keys produced by single key cryptosystems, public key cryptosys tems or any separate(a) similar method or process, which may here aft(prenominal), be developed. Intermediary refers to a person who in behalf of an early(a)(a) person and with watch over to a extra electronic entropy pass a long or electronic document localises, receives and/or stores or provides former(a) services in respect of that electronic data mental object or electronic document. Non-Commercial Activities ar those not falling under commercial activities.Originator refers to a person by whom, or on whose behalf, the electronic data heart or electronic document purports to have been created, generated and/or sent. The term does not include a person acting as an intermediary with respect to that electronic data centre or electronic document. someone heart any natural or juridical person including, but not limited to, an individual, corporation, partnership, joint venture, unincorporated association, self-reliance or former(a) juridical entity, or any governmen tal authority.Service provider refers to a provider of online services or network assenting. With help of definitions and terms, it is easier to understand what is e commerce all about and what are the relations of these terms to this justness, because the constabulary al shipway pertains to electronic people, activities so by this explanation, we will be clarified with the content of the law. Chapter II †sound science of electronic information subject matters court- reviseed actualization of electronic information cognitive contents and electronic Documents Section 6: Legal Recognition of selective information Messages Reaction and Analysis:In this provision, it says that e rattling information in the form of electronic data inwardness or document must be okay always in a legal purpose. It says that the person should provide a compose information to another person in conversion to electronic data centre or document. The non electronic form of data must meet the requirements of the provision of the information and must be the same as the form of electronic data message or document. The operation of the requirement of the law has no limit for the information to be displayed with measure or localisation of function until a functional equivalent will be implemented.The functional equivalent, says that electronic documents can neer be the same as composition type, they still have difference. But electronic documents can do the purpose of composing type of documents like for example as a record or database of information from the musical composition. So I think the electronic data message can fight down the paper based document by the person who write, and its still different from each other because the veritable form of the information is in written form enchantment the electronic data message are in computerized type.Sec 7 Legal Recognition of electronic Documents Reaction and Analysis: In this provision, it discusses the electronic specks that are now know to be equivalent to the sig temper of a person on a paper based document, it explains the verse provided on it like a method used to indicate the caller to enter to the electronic document that is contained for his compliment through the electronic signature. It is suppress for its purpose for the electronic document where in it was generated with any agreement.With this situation, It is needed to the said ships follow so that it will go to the transaction with electronic signature while the other party will have an regain to verify it and for them to decide to go again with the flow of transaction valid by the same process. Well this serves a good transactions of contracts with use of electronic signatures from person to another person. Sec. 8. Legal Recognition of electronic SignaturesThis provision examined some grave legal issues associated with electronic signatures. I think the government should come out with some commandment. at that tr ansport should be some kind of legislation that should be out in our country that says that electronic signatures are an acceptable form and can legally re abode paper-based forms of signature. and then only we businesses may be thought of using it. Sec 9 premise Relating to electronic SignaturesIn this provision, it explains the electronic signature correlations, it means that this was connected by the person with the intention of signing in the approval of the electronic document but the person depending on the electronic documents finds or notices a defects wich the signature has no dependency will not be affixed. This means that when psyche A’s signature is attached to a document, one may presume that it is A’s signature and that he was the one who signed it with the intention of signing or approving the same.I think this is right so as they can easily remark a person’s signature electronically. Section 10 Original Documents It explains that the law req uires information to be maintained in its certain form, the integrity of the electronic document from the time it was created in its final form is shown by aliunde which means it is an evidence clarify a document but not deriving from the document itself, otherwise the information is has the ability to be displayed to the person whom it is to be presented. This means that it applies whether the requirement is in he form of an obligation or the law simply provides consequences for the information not macrocosmness presented or maintained in its pilot burner form. This provision of law will be a great help to those who go to court presenting electronic evidence. While the old prototype could only conceive of occupational document as being broadly single, this covers the way for the existence of many originals as long as the provision’s criteria of integrity and re obligation are met. Section 11: Authentication of Electronic Data Messages and Electronic DocumentsThis sect ion explains that the electronic signatures must be vali participationd by confirmation than a letter associated with an electronic data message or document in a security procedure. And it can name errors or alteration of communication, The supreme court may adopt such corroboration procedures, including the use of electronic notarization systems as needs, as well as the certificate of earmark on printed or hard copies of the electronic documents or electronic data messages by electronic notaries, service providers and other certification authorities. It provides the rules on evidence.Prone to the different characters of electronic data messages vis-a-vis paper or other objects, authentication procedures will have to be different too. This law requires for electronic data messages to be authenticated by confirmative a claimed identity of a user, device, or information system. Electronic signatures are to be authenticated by proof that a symbol or character representing the per son named t attached to or that an appropriate technology or security was used with the intention of authenticating or approving the electronic document. Section 12.Admissibility and Evidential Weight of Electronic Data Message or electronic document. In this section, it serves as a pass by to a data message is allowed in evidence and to how much weight is to be presumptuousness them . It says that in that location’s no rule shall render the data message that is not allowed on the sole ground that it is in electronic form or on the ground that it is not in the standard written form. Evidential weight is to be dampenn such electronic document by and by assessing the reliability of the manner in which the author was identified, and other relevant factors have been given collect regard.Section 13,  remembering of Electronic Data Message or Electronic Document. In this provision, it explains that electronic data message or original form must remain usable for reference work and it will maintain the format when it was sent or received, It makes us identify the actor, the treatee which was explained in section 6, it also indicates the time and date of the electronic data message. The person required to maintain the forms can do it in a different way by using the services of a ordinal party. Like for example, the BIR, demands the retention of receipts for at least trio long time, so that they can audit it.The effect is that this can salvage business corporations from having to keep the required documents in paper form. It would be a good way to get at the receipts and easier to find. Section 14. Proof by Affidavit, This provision also matters in section 12 and 9, it will take for granted to establish by an reprobation given to the deponent. So that it would inform the deponent about the rights of parties. This is useful as the requirements may prove to be to a greater extent demanding and set in one’s way. Section 15. Cross †Exam ination.In this section it discusses that in any statement contained in affidavits and shown in courts, are subject to the right of the person against whom the affidavit is executed so that it can test the accuracy and truth of the affidavit by cross-examination, which means the interrogation of a witness called by ones opponent. As I understand,the process of cross-examination is presumed to be infallible because most witnesses come forward to support one side or the other. In the courtship of the defense, a witness mightiness pretermit certain information which the pursuit might find interesting or relevant.A prosecution witness might, likewise, omit information. Cross-examination ensures that the trial is fair, and that all information is truly out on the table. CHAPTER III. COMMUNICATION OF ELECTRONIC DATA MESSAGES OR ELECTRONIC DOCUMENTS Section 16. Formation of grimness of Electronic Contracts. In this provision it says that a contract is a meeting of the minds and prim arily could take whatever shape or form, many of them are still numb of that contracts entered into electronically may encounter some problems.Many transactions and other forms of trade are now guide oned electronically. For example, most people will at least be old(prenominal) with, if not frequent users of, ATMs situated orthogonal or inside blasphemes. When a bank’s customer withdraws money or uses an ATM for other purposes, an electronic transaction takes rear end. More and much business is now done electronically, often with the parties never physically meeting each other. Online shops, for example, allow potential difference customers to browse, select and purchase goods without ever inquire a salesperson for advice or assistance.Negotiations, giving quotes or submitting tenders for work may all be done electronically and thus are. A great deal of information is now passed electronically indoors arrangements and from one organization to another. This all rai ses a number of legal questions, specifically with regard to electronic contracts. Some of the most important issues include whether an electronic contract is valid, that is, whether it must trace with certain formalities, whether electronic signatures are admittible as evidence of intent and agreement, and what law applies to an electronic contract.Section 17. Recognition by Parties of Electronic Data Message or Electronic document. In this provision, it says that the originator and the handleee of an electronic data message or electronic document, a declaration of will or other statement must not be denied legally, validity or enforceability solely on the ground that it is in the form of an electronic data message or electronic document. Section 18. Attribution of Electronic Data Message.This section says that of the originator if the originator him/herself sent it and it was sent by an information system programmed by or on behalf of the originator to crop automatically. The palmee is used to pertain an electronic data message or electronic document as well as the originator. The addressee must apply a procedure which the originator approved and as the addressee receives the electronic message which results from the action of a person, it will enable to access a method to identify electronic message or document on his own way.An electronic message is deemed to be sent by the originator of the message if it is sent by a person who has the authority to act on behalf of the originator in respect of that message or if the message is sent by an information processing system programmed by, or on behalf of the originator to operate automatically. The notion that one has to physically put pen to paper to sign a contract is now a affaire of the past.A person who receives an electronic message is entitle to regard the message as being that of the originator except in instances where he has received notice from the originator that the message was not sent by hi m or the addressee k spic-and-span or should have known that the message was not sent by the originator had he exercised reasonable care. Originator doesn’t include Intermediary. For example, someone A uses his yokel account to send an e spot message to person B which is the addressee. Here, Person A is the originator & Yahoo is the intermediary. Person A is on vacation.During vacation he has morose his vacation responder on with the quest message:â€Å"Thank you for your email. I am on vacation, will reply your mail as soon I get back”. Here, though person A has programmed an information system to operate automatically on his behalf. Still Person A is the â€Å"originator” in this fibre. Section 19. mistake on Electronic Data Message or Electronic Document. In this provision, it explains that the transmittance of electronic data message mingled with the addressee and the originator that resulted in error, it will enter to the designated information system or which is not designated by the addressee for the purposes.Section 20. Agreement on citation of Receipt of Electronic Data Message or Electronic Document. In this provision the originator has not hold with the addressee that the confession of receipt of electronic record be given in a particular(prenominal) form or by a particular method, in any communication by the addressee will be automate or otherwise any conduct of the addressee, competent to indicate to the originator that the electronic record has been received. The originator has not agreed with the addressee that the ac friendshipment be iven in particular method, an acknowledgement may be given by or through any communication by the addressee, automated or otherwise, or any conduct of the addressee, sufficient to indicate to the originator that the electronic data message or electronic document has been received. The originator has stated that the effect or significance of the electronic data message e or electronic document is conditional on receipt of the acknowledgement thitherof, the electronic data message or electronic document is treated as though it has never been sent, until the acknowledgement is received.What just did the originator of the message intend to send? Under the Act, there is a condition that the electronic message is what the originator think to send, and the addressee can act on that assurance unless the originator can show that the addressee knew or should have known that the electronic message received was an error. thitherfore parties to a commercial transaction have to take precautions to ensure that any messages to be sent contains right information and are indeed intended for the recipient.For example, Person A sends an email to Person B asking her that he would like to purchase a car and would like to know the prices of the cars available for sale. Person B in return sends person A catalogue of prices of the cars available for sale. Now this action o f Person B is sufficient to indicate to person A (the originator) that his email (i. e. the electronic record) has been received by the addressee. Section 21.Time of polish off of Electronic Data Messages or Electronic Documents. In this provision, with regards to the issue of time of dispatch, an electronic message is deemed by the Act to be sent when it enters an information processing system outside the control of the originator. Therefore it would have the appearance _or_ semblance that the time of dispatch will be when a person clicks the ‘ practice’ waiver when e-mailing or the ‘Buy/Purchase’ release on an online store.An electronic message is deemed to be received when the message enters the designated information system (where there is a designated system), for instance, when a message enters the inbox folder of an e-mail account, or where there is no designated system, when the addressee comes to know about the message. Where the parties agree o r the originator requests that receipt of the electronic message is acknowledged, that message will be treated as though it has never been sent until the character is received.If the method of acknowledgment has not been agreed by the parties, any acknowledgment (automated or otherwise) or any conduct of the addressee which is enough to communicate receipt, will suffice as acknowledgment. Example of this: Person A composes a message for person B. At exactly 12. 00 noon she presses the â€Å"Send” button. When she does that the message leaves her computer and begins its journey crosswise the net income. It is now no longer in Person A’s control. The time of dispatch of this message will be 12. 00 noon. Section 22. Time of Receipt of Electronic Data Messages or Electronic Documents.This provision explains that the time of receipt of an electronic communication is the time when it becomes capable of being retrieved by the addressee at an electronic address designated by the addressee. The time of receipt of an electronic communication at another electronic address of the addressee is the time when it becomes capable of being retrieved by the addressee at that address and the addressee becomes aware that the electronic communication has been sent to that address. An electronic communication is presumed to be capable of being retrieved by the addressee when it reaches the addressee’s electronic address.Section 23. Place of discharge and Receipt of Electronic Data Messages or Electronic Documents. †How does one determine the location of dispatch and receipt of electronic messages? The Act deems an electronic message to be sent from the originator’s place of business and received at the addressee’s place of business. If there is more than one place of business, it will be considered sent from the place of business that has the closest relationship with the transaction or in the absence of that, from the sensation place of b usiness.In circumstances where the originator or addressee has no place of business, it will be deemed sent or received, as the baptismal font may be, at the originator’s or addressee’s ordinary place of residence. Example of this is: person A has entered into contract with a US based company. caller-out has its server in Brazil. Even if the company has its mail server located physically in Brazil, the place of receipt of the order would be the company’s lieu in USA. Section 24. Choice of certification Methods. This sustenance explains the choice of type or level of security for their own purposes is accept in this section .But still, this is prior to rules and guidelines which government can declare in terms of e- commerce transaction security. In my opinion, security is perhaps one of the greatest concerns of the millions of users that routinely exchange data over the mesh or store information in computers which may be accessed by unlicenced parties. T he government should protect the confidentiality and integrity of data being transferred or stored, they need to develop a new standard which de o.k.s authenticated encryption mechanisms that provide an optimum level of security.PART III ELECTRONIC COMMERCE IN CARRIAGE OF GOODS Section 25. Actions Related to Contracts of tractor trailer of Goods. This provision explains that the law is designed to apply to actions on contracts related to aim of goods. What is evaluate is that airway bills, bills of lading, receipts, sales, transfers of ownership, and other documents or paper related to carriage of goods by land, sea, or air may now be done electronically. For example, buying online gadgets through the net, it is by shipping procedures.Section 26. Transport Documents. In this provision, It follows because that electronic documents facilitated and transacted though online basis are as important and valid as that of actual use of paper documents. This is jibe to SEC. 26 under Tra nsport Documents where the law requires that any action referred to contract of carriage of goods be carried out in writing or by using a paper document, that requirement is met if the action is carried out by using one or more data messages or electronic documents.In almost all electronic transactions, online orders are subject to a verification procedure conducted by the store for their protection as well as customers from honorable mention panel fraud or identity theft. This is a normal procedure to verify that the plug-in owner or that order and that ship-to information are legitimate. This process rarely delays an order, and primarily requires either a simple take out which can be done through phone calls or by facsimile machine messages. The B store for example stresses the immenseness of knowing what â€Å"bill-to nformation” on the checkout process means. The bill-to address is the address to which your bank mails your monthly credit card statement. The bill-to address you give the store must agree with the address that the card issuing bank has on file. Then, be sure to provide the correct information, even if the items are to be shipped to a different location. PART IV ELECTRONIC TRANSACTIONS IN GOVERNMENT Section 27. Government Use of Electronic Data Messages, Electronic Documents and Electronic Signature.In this provision, it says that the government must accept retentions and creations of electronic data messages or document like issues in permits, licenses and its approval form and issure receipts in the form of electronic. As well as the government business transactions and it is authorise to adopt rules and regulations in the form of electronic documents. In a short explanation all documents that they will create should be in the form of electronic documents or data messages and authorized by electronic signatures as well. Section 28.RPWEB Promote the Use of Electronic Documents or Electronic Data Messages in Government and to the General Public. In this provision, it explains that RPWEB’s role in the use of electronic documents or data messages. They must be the initial platform of the GII which stands for government information infrastracture to control the electronic online transmission and transference of government services to improve split up technologies or kinds and electronic online wide surface area networks utilizing, but not limited to, type optic, satellite, wireless and other broadband telecommunications.To sum up, RB web’s major(ip) task is to . Interconnect all government offices and units, including schools, colleges and universities, government corporations, as well as those at the local level, by authorizing the use of savings for Internet access, through any Internet Service Provider (ISP) in their area, to facilitate faster communication and data interchange in government. Interconnect all ISPs through Internet exchanges for greater connectivity among users in the count ry. Speed up implementation of the call in roll-out programs, articularly in unserved areas in the country. So that our country will hava a better technology. Section 29. Authority of the Department of backing and labor and Participating Entities. In this provision, it enables the DTI to promote and develop electronic commerce as well as to promulgate rules and regulations, provide tint standards or issue certifications in the seeking of this Act’s intentions. I was very pleased to see this attempt by the DTI to develop electronic commerce in our country.I believe that this act will be implemented for the economic future of the country; electronic commerce and the development of new network-based public services is clear set to become a major reader to country’s economic reaping over the next decade. The DTI has a very important role to play to ensure that the potential benefits for the public, for SMEs and for government can be realised promptly and in a safe manner. PART V final PROVISIONS Section 30. Extent of indebtedness of a Service Provider.This provision explains the liablilities of the service provider, It assuages ISPs from liability if they can prove that they had no knowledge of the drawrence of the alleged act, and that they had interpreted sufficient steps to prevent a colza. However, the existing provision does not clearly prescribe liability limits of service providers. For example, if a person makes a representation to a service provider claiming copyright on the material available on the network, will the service provider be likely if he fails to take steps within a reasonable time to unpack the infringing material from the network?If the service provider fails to prevent onset of copyright in the above circumstances, is the plea of not having knowledge of infringement still available to him? If the service provider sequestrates the material from the network in pursuance to the representation do by a person whic h later on proves false, will the service provider be liable to the person whose material has been outback(a)? The liability of service providers for copyright infringement must be make more explicit.The act must include sections that address the financial aspect of the transaction, and the relationship surrounded by an ISP and a third party, because this is merry to ascertain the identity of the violator. So that if any person with knowledge of the infringing activity, induces, causes, or materially contributes to the infringing conduct of another, the person can be made liable. In order to be exempt from liability, the act requires the service provider to exercise due diligence to prevent the foreign mission of copyright infringement.The Act does not provide the meaning of the term due diligence. If due diligence means policing each and either aspect of the Internet, it can lead to freeing of privacy and can ultimately have a disastrous effect. There is a need for a consens us on the meaning of the term due diligence because the firsthand function of ISPs is to build the Internet, not to play the role of a policeman. If the behavior of an ISP is reasonable, then that ISP should not be held liable for each and any activity on the Internet as has been held by the court.Section 31. Lawful Access. In this provision, it explains that that access to an electronic file, signature or document shall be limited only to those that are authorized to consume and use it. Electronic keys used for identity and integrity may only be made available to another upon live with of the individual in lawful possession of the key. Section 32. Obligation of Confidentiality. This provision explains that those who obtain access to an electronic key, signature or document not to convey or contend the same with another.These two sections are important in that it recognizes that these files are property of an individual and can be possessed only by another upon the consent of i ts owner. It pass on recognizes the privacy and personal nature of the key by obliging those who gets to possess it not to share it with others. In my own opinion, the person must receive the information in confidence. That means that he or she must be asked to treat the information as confidential or it must be obvious to him or her that the information is given in confidence.The best way to do that is to ask the person to sign a confidentiality agreement. That is not in itself enough. Precautions must be taken (and seen to be taken) to keep the information secret such as record documents and disclosures, keeping materials under lock and key and extracting confidentiality agreements. Section 33. Penalties. †The following Acts, shall be penalized by fine and/or shackles, as follows: In this provision, issues in security and penalties are address in it.The violations are the ff: hacking, is any access in order to corrupt, alter, steal, or land using a computer or other simil ar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system. For example, an juvenile who would never consider picking someones paper bag or physically damaging someone elses property or home, might be quite willing to steal peoples credit card numbers or set down poorly protected business or government files, since files and credit card numbers are not tangible entities, and the misemploy is done anonymously.If the individual commits this violation he will have a fine of one(a) Hundred Thousand pesos and imprisonment of 6 months to 3 years. Another violation is piracy, s the unauthorized duplication of an original recording for commercial gain without the consent of the rights owner. They will be punished by a minimum fine of One Hundred Thousand pesos (P 100,000. 00) and a maximal commensurate to the damage incurred and a required imprisonment of six months to three years. In my opinion. Penalties like imprisonment are good example of punishing an individual who possess violations and crimes.Section 34. Implementing Rules and Regulations. In this provision, it explains that the DTI, Department of Budget and perplexity and the Bangko Sentral ng Pilipinas are empowered to oblige the provisions of this Act. Among others, the DTI is empowered to promulgate rules and regulations, as well as provide quality standards or issue certifications, as the case may be, and come such other functions as may be necessary for the implementation of this Act in the area of electronic commerce.Failure to Issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act. In my opinion, it is necessary to develop rules and regulations especially in e commerce. We need rules for the settlement of disputes. They also need rules for the organization of their governments. Law is the set of rules that the government enforces through its police, i ts courts, and its other agencies. It is important to implement rules and regulations so that people can understand what e commerce is and what are the obligations toward this act.Section 35. circumspection Committee. In this provision, it explains that there shall be congressional Oversight Committee composed of the Committees and Trade and attention/Commerce, Science and Technology, Finance and Appropriations of both the Senate and House of Representatives which shall meet at least every quarter of the first two years and every semester for the third year after the approval of this Act to oversee its implementation.The DTI, DBM, Bangko Sentral ng Pilipinas, and other government agencies as may be determined by the Congressional Committee shall provide a quarterly performance report of their actions taking in the implementation of this Act for the first three (3) years. Utilizing an inadvertency charge has several advantages. In my opininion, It is commandly much more legal with forming and implementing a new rules and regulations. Also, since the forethought committee is a separate entity, access to separate information such as electronic data messages and documents can be controlled.Since experts are involved, uninformed bias is kept to a minimum. The oversight committee can also operate as a mediating body between the active organization and the public. In this role, the committee can help the public understand what e commerce rules and regulations by publishing reports that communicate the facts in ways the public can understand. The existence of an oversight committee can have an impact on the quality and fairness of investigative even before the committee gains access to the relevant information.Government entities must ensure the standard of their work is acceptable, especially because in the long run it will be more costly and time-consuming if they are obligate to go back and correct mistakes when an oversight committee detects errors on t he implementation of the act. Section 36. Appropriations. In this provision, It explains that the silver needed to provide the sections 27 and 28 will be charged on the savings of the General Appropriations Act of 2000 in the first year of the effectively of the act. And all the funds for the unbroken implementation will be include in the General Appropriations Act.This is important to develop the electronic transactions between the government and to the public and like the section 27 said in order to transact the government business and/or perform governmental functions using electronic data messages or electronic documents, and for the purpose, are authorized to adopt and promulgate, after appropriate public hearings and with due publication in newspapers of general circulation, the appropriate rules, regulations and I think there will be needed funds to implement this. Section 37.Statutory Interpretation. In this provision, it explains that Philippine law on e-Commerce was patt erned after the â€Å"UNCITRAL Model Law on Electronic Commerce” adopted by the get together Nations Commission on International Trade Law (UNCITRAL) in 1996 the model law is intended to promote the harmonization and spousal relationship of international trade law and remove unnecessary obstacles to international trade caused by inadequacies and divergences in the law affecting trade as a result of the information technology revolution.The interpretation of this Act shall give due regard to its international origin and the need to promote uniformity in its application and the observance of good religious belief in international trade relations. The generally accepted principles of international law and figure and electronic commerce shall likewise be considered. Section 38. Variation of Agreement. In this provision, it explains that the change of agreement is intended to apply not only in the con textbook of relationships between originators and addressees of data messa ges but also in the context of relationships involving intermediaries.Thus, the provisions of it could be varied either by bilateral or multilateral agreements between the parties, or by system rules agreed to by the parties. However, the text expressly limits party autonomy to rights and obligations arising as between parties so as not to suggest any implication as to the rights and obligations of third parties. Section 39. Reciprocity. This section states that if the other party to a transaction comes from a country that does not grant the Filipino similar rights contained herein, he will not be allowed also to enjoy the benefits of this laws provisions.Section 40. Separability Clause. In this provision it states that any separable provision of this Act be declared unconstitutional, the rest provisions shall continue to be in force. To understand generally a separability clause is a clause often include in a legal document (as a contract) stating that invalidation of some secti ons or clauses in the document will not affect the validity of the remainder. Section 41. Repealing Clause. In this provision, all rules and regulations which are inconsistent with the provisions of this Act will be turned legally.Section 42. Effectivity. In this provison, it declares the effectivity of the act wher e in it shall be effective after its publication in the Official Gazette. Conclusions and recommendations: There is high need for such laws to be enforced in order to make sure the balance is maintained between selling and buying along with the right laws. So far the laws such as the limitation of the liability, indemnification, attorney fees, choice of law are the most used and full of life ones to make sure that the deals and trading come to pass legally and governed by laws.The electronic buying and selling are the key features of this advance(a) world and internet applications. The way of animate is simplified to the core by the elongated and effective applicat ions of the internet and the Ecommerce laws that govern these electronic trading. The modern world is reaping the multipurpose benefits of the internet and its worldwide applications to the maximum. The laws are the heart of any modern day trading or dealing that takes place because they set the way of business and the regulations of the business.When you make any electronic transaction, then you will have to go through the mandatory laws so that they occur under the legal patterns. The limitation of the liability and the choice of the law are vital laws that the ecommerce industry has to go through. As the days pass by, further more laws are going to be implemented in order to make sure the industry and the transactions are under control. instance Analysis about the E Commerce Law Kyle M. Estanislao SOCULITA 301\r\n'