Sri Lanka requests assistance to enforce

UNCLAS SECTION 01 OF 02 COLOMBO 002119 SIPDIS SENSITIVE NEW DELHI for LEGATT STATE FOR SA/INS MGOWER; PLEASE PASS TO USTDA FOR MBASSETT MCC FOR D NASSIRY AND E BURKE E.O 12958: N/A TAGS: ECON ECPS EFIN EINT ETRD PTER KCRM CE SUBJECT: Sri Lanka requests assistance to enforce computer crimes and e-transactions laws ¶1. (U) This is an action cable. See action request in para 7 below. ¶2. (U) SUMMARY: A Computer Crimes bill will soon become law in Sri Lanka, and submission of an electronic transactions bill is anticipated for early ¶2006. Sri Lanka would appreciate USG technical assistance in developing a forensics lab as well as gaining expertise in computer crime and electronic signature recognition issues. End Summary. ¶3. (U) On December 8, Econoff met with Jayantha Fernando, legal advisor to the Information and Communication Technology Agency of Sri Lanka (ICTA), the apex government agency responsible for ICT policy formulation and implementation of e-government projects. Fernando said the Government of Sri Lanka (GSL) assigns high priority to spreading computer usage and utilization of web-based and networked solutions to increase efficiency and effectiveness in government processes. ICTA is a division under the President's office (Note: ICTA has been handled by the President's Secretary Lalith Weeratunga, a close Embassy contact, since it came under Rajapakse's purview when he was Prime Minister. End Note). ¶4. (U) Fernando provided an update on the recent progress on laws relating to e-commerce and computer crimes. The Computer Crimes bill has been debated in Parliament and is awaiting amendments to correct some language in the Sinhala version before final passage into law. An electronic transactions bill to facilitate E-Commerce, permit electronic filing of government documents and provide for the recognition of e-signatures, is expected to be presented to Parliament in early 2006. According to Fernando, the implementation of the laws will require the establishment of a digital forensic unit in the Criminal Investigations Department (CID) of the Sri Lanka Police. In addition, ICTA also hopes to set up an independent computer forensic lab to validate police investigations. While funding for establishing these institutions is available under a World Bank loan, Fernando is keen on exploring the possibility of obtaining guidance from relevant USG agencies to set up the labs. He mentioned the FBI as a possible source for this assistance. ¶5. (SBU) According to Fernando, although the internet community is still small in Sri Lanka there is evidence of some hackers establishing links with hackers in Eastern Europe and the Middle East. He believes there will be more opportunities for internet crimes as the Sri Lankan internet community gradually matures and expands. ¶6. (U) With regard to the enforcement of the draft e- transactions law, Fernando requested Embassy assistance in contacting relevant USG agencies to facilitate bilateral discussions on electronic signature recognition. The law provides for the facilitation of electronic contracts, electronic communications, establishment of a Certification Authority and the recognition of electronic filing by government departments. He said that the e- transactions law will conform with international standards and best practices such as the UNCITRAL Model Laws on E-commerce and electronic signatures. The law also incorporates concepts of the 2005 UNCITRAL Convention on Electronic Contracting. ¶7. (U) Fernando, who is the current Associate Chairman of the nominating committee of the Internet Corporation for Assigned Names and Numbers (ICANN), has represented Sri Lanka in the recent Tunis meeting of the World Summit on Information Society (WSIS). According to him, many developing countries misunderstood the role of the Department of Commerce in ICANN. Sri Lanka managed to remain neutral despite heavy lobbying by the International Telecommunication Union to move ICANN to the UN. ¶8. (U) Action Requested: Post would appreciate responses from relevant USG agencies for collaboration/advice/consultation for the computer crimes and electronic signature recognition issues in Sri Lanka. Responses could be sent by cable or email. Email responses could be sent to Richard Merrin, Economic Officer, US Embassy Colombo: merrinrc@state.gov, Phone: 94-11-2448007, fax: 94-11- ¶2437345. ENTWISTLE