General Recommendations

Author:Gregory, John - Pestaina, Mr Gene
Profession:General Counsel, Policy Branch - Attorney-at-law

Page 64

1. General watching briefs

The Group recommends that the Commonwealth Secretariat maintain a watching brief on:

  1. issues relating to the regulation of service providers, including developments with respect to requirements for the retention of data for specified periods and any reporting requirements in relation to suspicious electronic financial transactions.

  2. issues surrounding cross-border search and seizure with respect to computer technology.

Because of the ongoing developments with respect to computer crime and the gathering of evidence in relation to technology generally, the Group was of the view that that Commonwealth Secretariat should continue to monitor these issues. In particular, areas which the Group considered to be of particular relevance were those relating to service providers, their regulation and the very difficult questions surrounding cross border search and seizure.

2. Internet Gambling

Each country should consider if Internet gambling should be permitted within its territory and if so, under what conditions.

The Group did not consider Internet gambling, as it is really a separate issue from the central mandate. The recommendation included leaves the issue for countries to consider.

3. Money Laundering

Each country should review its money laundering legislation to ensure that virtual financial institutions cannot be used to facilitate money laundering.

Within its mandate, the Group was only able to discuss...

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