Coming Together

Secret Agents
Technologies today have a way of hiding and obscuring themselves. To access this post, a slew of (once) disparate technologies are moving in quite astounding harmony just so you can see text displayed before your eyes. Once upon a time, technologies could be classified into fields. Now, they overlap and blend into each other, becoming indistinguishable except by monikers like, "Information and Communications Technology."

United Colors of... Technology?
Convergence is a word that refers to different technologies working as one, or in cooperation with each other. This is best exemplified by ICTs, which make use of the internet, radio waves, satellite transmissions, microwaves (for cellphones), and a great plethora of other technologies. Voice, video, and text can move (almost) seamlessly across the internet, allowing us to speak with loved ones far and near at very little cost. You can shop online, get counseling, meet people, go on virtual tours, book flights, and even get a degree via the internet. Business, leisure, and learning are all affected by convergence.

Learning to Learn
With all these light-speed developments, the most important skill nowadays is simply learning to learn. If you can stay curious, playful, and teachable, instead of intimidated and wary, convergence is your friend.

Interpretations

The E-Commerce Law has a provision that reads as follows:

SEC. 37. Statutory Interpretation. - Unless otherwise expressly provided for, 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 faith in international trade relations. The generally accepted principles of international law and convention on electronic commerce shall likewise be considered.

What is the meaning of this provision? Let me paraphrase and explain it to you this way:

The law cannot promise to cover every eventuality. Issues will arise which are not directly addressed by the law. When this happens these things must be considered:

First, the Act is patterned after the UNCITRAL model law; it has international roots.

Second, stability, uniformity, and good faith is a must in international trade relations.

Third, principles of international law, and the convention on electronic commerce should be followed.

The practical result is that when the E-Commerce law is silent as to a specific issue, the UNCITRAL model law, the convention, and international principles shall be used to fill in the gaps. If these are not enough, then the general guideline is to do what is fair, what will promote stability and uniformity in international trade.

The UNCITRAL model law, the Convention, and our law are extremely alike. If no answer is found after consulting the E-Commerce law, it is not likely that an answer exists in the other two sources. General principles of internation law and good faith will then guide the resolution.

A Note on Reciprocity

Section 39 is a reciprocity clause that basically lays down a give-and-take rule. If a country gives us privileges under their e-commerce law, we will also give them privileges under our e-commerce law.

A Concrete Example

What are some issues that are not directly addressed by the law? The development of new technologies is not addressed directly. Privacy issues are also not directly dealt with.

What if you were able to create a special system that employs retinal scans and thumbmarks, combined with a PIN entry requirement, for online banking? Will that be considered an electronic key or signature? The definition requires that the electronic key or signature be in electronic form. The answer to this question, following the quidelines above, is yes. It should be considered, even if the key is not strictly in electronic form. A more complicated key or signature provides better security and reliability.