Aashish Srivastava

Technology, society and e-government: in search of an eclectic framework

E-government is often considered as a dynamic mechanism to establish citizen-centric, more transparent and more accountable government system. However, such mechanism is often thwarted by a host of intricacies contributed by the lack of ICT resources and infrastructure, unequal access to technology, low e-literacy rate and the lack of appropriate government policy initiatives and commitments. The dilemma surrounding the concept of privacy versus openness and the connectivity between the wider society and technology may also impact on the e-government implementation process and its success. This paper initially discusses the challenges to successful implementation of e-government. Subsequently, from a developing country perspective, an eclectic theoretical framework is proposed. The framework aims at identifying the dynamic relationship pattern between the government and the various stakeholders including citizens, and addresses how the various environmental factors, such as politics, bureaucracy, technology and culture, may contribute to the e-government success.

Resistance to change: six reasons why businesses don't use e-signatures

Over the last decade, various pieces of legislation have been enacted and policies developed both on national and international fronts in order to promote the usage of electronic signatures. However, paper-based signatures are still the preferred instrument to electronic signatures for entering into contracts and commercial transactions. What are the causes of this apathy on the part of the business community? Why is there a resistance towards electronic signatures in this era of e-business?This paper conducts a comprehensive empirical investigation to examine factors that have contributed to the low acceptance of electronic signatures, in particular the digital signature, in the Australian business community. The six main factors that have been identified are: the prevailing culture and customs associated with manuscript signatures; ignorance about the electronic signature technology; legal concerns; security issues; the cost of using the technology; and the complexity associated with its setting up and usage. The paper also makes some useful suggestions that may encourage businesses to use electronic signatures in order to facilitate the growth of e-commerce.

Cyberbullying in Australia: Clarifying the Problem, Considering the Solutions

With the increasing use of the Information and Communication Technology (ICT), a new method of bullying has emerged known as cyberbullying. It is indeed ironic that the advancement in communication tools designed to improve the life of mankind is also the cause of much pain. More and more frequently we do read or hear of cases of young children being victims because of the misuse of ICT which have in some extreme cases led to them committing suicide. Unfortunately the ICT’s very nature of being accessible from anywhere and anytime, and its often anonymous nature makes it difficult to regulate what children say or do to each other. This paper discusses the scope of the cyberbullying problem amongst the young in Australia and considers what role the government, the courts and schools should play in detecting, deterring or preventing such conduct.

Electronic signatures: a brief review of the literature

The advent of the Internet saw technological innovations such as electronic signatures, in particular digital signatures, as an electronic equivalent to manuscript signatures in the online environment. However, the use of this technology is still insignificant. The aim of this paper is to review the various studies that have explored the technical and legal issues associated with electronic signatures and digital signatures with an objective to provide insights on their lack of acceptance.

Electronic signatures in online transactions Lessons from South Africa

There are several laws and some notable judicial decisions across the globe to regulate electronic signatures. These judicial decisions when interpreting legislation are not consistent with each other. They leave much to be desired. There are still problems with the validity of an electronic signature. In this paper the author mainly focuses on the South African model. The major legislation regulating the use of electronic signatures in South Africa is the Electronic Communications and Transactions Act 25 of 2002. It has recently been interpreted in the case of Spring Forest Trading v Wilberry by the High Court of KwaZulu-Natal (KZN) and the highest court of South Africa, the Supreme Court of Appeal (SCA). However, there is a wide difference in the approaches of the High Court of KZN and the SCA. Even in other jurisdictions judicial decisions have not helped towards clarifying the law; rather one has to wade through conflicting approaches of judges to understand where the law is going. The paper concludes with a few recommendations, which if adopted may help clarify the legal position of electronic signatures in South Africa and worldwide.

Challenges for Mobile Governance in India: A Legal Perspective

In recent years, the governments’ use of Information and Communication Technology (ICT), popularly known as electronic governance (e-governance), has been on the rise. Studies have shown that in many countries e-governance has contributed to achieving a number of the targets set out in the Millennium Development Goal (MDG) by the United Nations. However, emerging economies like India are lagging behind developed countries in initiating and implementing e-governance policy and practice. One of the primary reasons for this is a lack of resources and infrastructure with respect to computers, fixed telephone lines and Internet connectivity within the governance network. However, the meteoric rise in mobile phone subscription in India in the last 10 years provides a strong base for an alternative or complementary tool to support e-governance, known as mobile governance (m-governance). The central and state governments of India have initiated numerous m-governance initiatives, but India still faces several legal challenges with m-governance’s adoption. The Information Technology Act, 2000 (India) is able to address some of these challenges but is unlikely to fully address the complex range of issues involving mobile communication. The aim of this paper is to examine the legal issues that need to be addressed in order to create an effective legal environment for m-governance in India. The findings of this paper are likely to assist other emerging economies that are facing similar legal challenges in improving their e-governance scenario while advancing their MDGs.

Signature Provisions in the Amended Indian Information Technology Act 2000: Legislative Chaos

The Indian Parliament enacted the Information Technology Act (ITA) in 2000 to provide legal recognition to e-commerce and e-governance. The ITA, however, was heavily criticized for being technology-specific in nature and was therefore amended in 2008 to give it a technology-neutral status. The aim of this paper is to examine critically the provisions related to electronic signatures in the amended legislation by comparing them with the United Nations Commission on International Trade Law (UNCITRAL) model laws, the European Union Directive on Electronic Signatures and other electronic signatures legislation across the world. The paper concludes that, despite the amendments, the ITA is still a weak legislation, complex to understand, ambiguous and fails to address many aspects of electronic signatures usage. It is also an over-regulated legislation compared with similar legislation in other developing countries such as China and developed countries such as Australia, the UK and Singapore. Finally, the authors provide some recommendations, which can potentially address the shortcomings of the ITA.

Electronic Signatures for B2B Contracts: Evidence from Australia

GLOSSARY.- ACKNOWLEDGEMENT.- PREFACE.- CHAPTER 1 - INTRODUCTION.- CHAPTER 2 - FROM MANUSCRIPT TO ELECTRONIC SIGNATURE: BACKGROUND, TECHNOLOGY AND CASE LAWS.- CHAPTER 3 - ELECTRONIC SIGNATURES: LEGISLATIVE DEVELOPMENTS AND ACCEPTANCE ISSUES.- CHAPTER 4 - THE ELECTRONIC SIGNATURE TECHNOLOGY: POTENTIAL ISSUES WITH REGARD TO ITS USAGE.- CHAPTER 5 - SECURITY ISSUES DRIVING THE NON-ACCEPTANCE OF ELECTRONIC SIGNATURES.- CHAPTER 6 - LEGAL UNDERSTANDING AND ISSUES WITH ELECTRONIC SIGNATURES.- CHAPTER 7 - CONCLUSION.- BIBLIOGRAPHY.- APPENDIX A - HOW DOES PUBLIC-KEY CRYPTOGRAPHY WORK?.- APPENDIX B - ELECTRONIC SIGNATURE ON A SMART CARD.- APPENDIX C - FINGERPRINT: THE BEST FORM OF BIOMETRIC.

Electronic Signatures: Legislative Developments and Acceptance Issues

The origin of the electronic signature technology, in particular, digital signature, can be traced back to 1976 when the concept of public-key cryptography (PKC) was introduced by Diffie and Hellman. Two years later, the idea of PKC was extended to third party intermediary and digital signature certificates by Kohnfelder. Coincidentally, during the same period, the United Nations Convention on the Carriage of Goods by Sea 1978 (the Hamburg Rules) was drafted. Article 14(3) of the Hamburg Rules states that:

The Electronic Signature Technology: Potential Issues with Regard to Its Usage

One obvious question that arises is as follows: do businesses feel the need to change from the use of manuscript signatures to electronic signatures? And therefore, does the low usage result from a lack of need to change to the new technology? The answer to this question could have shed important insights on the issue of low usage. However, as shown later in this chapter, there exists a general ignorance or lack of knowledge about the electronic signature technology in the business community. With such a high level of ignorance and misunderstanding about the technology, and its risks and benefits, it is difficult to conclude whether businesses’ low usage of the technology has arisen from a lack of need for it.