Digest for the month of June 2020
Your monthly digest on all legal technology news happening around the Caribbean.
Antigua and Barbuda
* The digital asset industry will come under greater regulation now that the Upper House has passed the new iteration of the Digital Assets Business Bill, 2020. The Bill will govern the use of blockchain technology and set the framework for the operation of digital asset businesses in the twin islands. Click here to read more.
Bahamas
* Minister of Social Services and Urban Development, the Hon. Frankie A. Campbell, announced that Beta Testing for the use of Digital Wallets in the delivery of social assistance to Bahamians will commence at the end of June (2020). Click here to read more.
* Officials of the Ministry of Social Services and Urban Development and the Department of Social Services, along with representatives from three, private local companies, signed Agreements formalizing the Beta Testing for the use of Digital Wallets and Digital Coupons in the delivery of social assistance to Bahamians. Click here to read more.
* During his contribution to the 2020/2021 Budget Debate in the House of Assembly Minister of National Security the Hon. Marvin Dames highlighted that the Government’s investment in technologies including Closed Circuit Television (CCTV) has positively impacted the Island’s crime statistics. Click here to read more.
* The Department of Immigration recently introduced a facial recognition thermometer system to assist with the early detection of COVID-19. The system also has the ability to take and record photos of persons which are stored for contact tracing purposes. Click here to read more.
* A man who recorded a naked woman without her permission was charged with voyeurism and fined for the offence. A woman was also charged with intentional libel for circulating the recording. Click here to read more.
* The Office of the Attorney General issued a statement that the Registrar General Department’s business registration platform was hacked and the stolen information, which is available to the public for a fee, was recently published. Click here to read more. An international information activist group called Distributed Denial of Secrets (DDoS) was responsible for the unlawful hacking. Click here to read more.
* The Progressive Liberal Party notes with grave concern the statement from the attorney general today on the “hacking” into of the database at the Registrar General’s Department. The issue is the lack of security that enabled the data base to be hacked which was exacerbated by the failure of the security system to immediately, in January, notify the authorities that the data base had been hacked. Click here to read more.
Barbados
* The flow of money into and out of the Caribbean has run into a snag. International financial transactions which are key to E-commerce are encountering more than a fair share of challenges. A group of banking and finance specialists, believe that implementing the Open Payments Network (OPN) would utilise digital technology and Barbadian dollars to seamlessly buy goods or services. Click here to read more.
* Expect the wheels of a modern judicial system to begin to run more smoothly and effectively soon, Attorney General Dale Marshall declared in respect of the Stamp Duty Amendment Bill and the Registration of Judgements Act. Marshall said the two pieces of legislation will make provision for some legal procedures to be done online, thereby creating a greater level of efficiency in the system. Click here to read more.
Cayman Islands
* With one application from a new company to roll out a 5G network in the Cayman Islands, Government has defended concerns surrounding conspiracy theories on the harmfulness of 5G technology with some Opposition members calling government to undertake an independent review of 5G technology. Click here to read more.
Guyana
* Committed to ensuring the administration of justice even in a time of crisis, the judiciary’s response to the novel coronavirus disease (COVID-19) pandemic is not an isolated one, but a concerted regional effort aimed at continuity of services. This was highlighted by acting Chief Justice Roxane George-Wiltshire SC. Underscoring particularly what she described as the indispensable role technology is now playing for professions, the chief judge said that going forward, it will be utilised more by the courts. Click here to read more.
Jamaica
* Fifty youngsters have been recruited under the Housing, Opportunity, Production and Employment (HOPE) Programme to assist with the electronic monitoring of Jamaicans returning to the island, who have been self-quarantined at home. The Government has developed a home quarantine solution which incorporates technology that will facilitate the geofencing and monitoring of self-quarantined persons. Click here to read more.
* The 20-year legal battle between Paymaster Jamaica Limited and Paul Lowe over breach of copyright ended on Thursday with the Supreme Court ordering the company to pay the computer programmer and software developer $282 million in damages. Click here to read more.
* The Jamaica Stock Exchange and sixteen listed companies Jamaica Stock Exchange were on Wednesday given approval by the Supreme Court to hold their annual general meetings by full or partial electronic means. Click here to read more.
* With the Caribbean region being menaced by potential twin disasters, COVID-19 and predictions of an active hurricane season, head of the Disaster Risk Reduction Centre at The University of the West Indies (UWI), Mona, Dr Barbara Carby says technology acquired for managing the pandemic should be leveraged in the wake of other calamitiess such as drone and geospatial technology. Click here to read more.
* The pilot of the technology framework ‘MyGovJM’, which is designed to connect citizens with Government and provide a voice for the people, will be launched soon. Click here to read more.
* The Government's thrust for a national identification system has received support from President and chief executive officer of the Sagicor Group Christopher Zacca who stated that a national identification system is important for bringing more Jamaicans into the formal economy through electronic transactions. Click here to read more.
* The Amber Group, after spending millions of dollars to establish the jamcovid19 website and mobile app, has turned its attention to developing technology to help with monitoring the increased number of people expected to be home quarantined with the recent opening of the country's borders. This technology will likely include tracking bracelets to assist with monitoring persons who are at home quarantined. Click here to read more.
* Policemen Kevin Shirley and Mark Williams are challenging the constitutionality of their appeal being held via the Zoom online platform. They are contending, among other things, that the constitution stipulates that court proceedings shall be held in public. Click here to read more.
Data Protection Act (2020)
* Government Senator Robert Morgan says safeguarding the personal data of Jamaicans has become paramount in an increasingly digital society, and robust legislation and regulatory frameworks must be put in place to adequately protect that information. Senator Morgan was making his contribution to the debate on the Data Protection Act, 2020, during the sitting of the Senate on June 5. Click here to read more.
* The Data Protection Act, 2020, which seeks to safeguard the privacy and personal information of Jamaicans, was passed in the Senate on June 12. Click here to read more.
* The Senate passed the long-delayed Data Protection Bill; however, there is a substantive issue regarding what should be the alternative to fines imposed by the courts. Click here to read more.
* The Media Association Jamaica (MAJ) expressed disappointment at what it says is the apparent disregard shown to recommendations presented regarding the Data Protection Bill. Click here to read more.
Trinidad & Tobago
* The Senate will on Monday debate a bill which among other things will outlaw revenge porn, intimate images of their former romantic partners sent by disgruntled individuals after a break-up. Attorney General Faris Al-Rawi will pilot the Domestic Violence (Amendment) Bill 2020, to give more protection to victims. Click here to read more.
* A man who was named in a Twitter post as being a sexual predator has filed two police reports, one with the Cybercrimes Unit and has hired an attorney. Click here to read more.
* The navigation of covid19 for average people have been all too evident in the social, personal and professional spheres, forcing them to become not only more efficient but also more proactive in terms of protecting their interests. The American Chamber of Commerce of TT (Amcham) recently hosted a webinar titled “Navigating the Pandemic: Cybersecurity” in an effort to help businesses, and by extension the economy in TT navigate the hurdles caused by the pandemic. Click here to read more.
* In an effort to make the reporting of crimes easier and less stressful for victims, the police will be rolling out a new initiative to be able to report crimes from the comfort of their own home using a laptop or internet device. Police Commissioner Gary Griffith said it was important victims of domestic violence were able to report crimes without fear and was confident the new platform would provide an added layer of security for the reporting process. Click here to read more.
* Assurances have been given that the integrity of the virtual trials will be protected. Such assurances were given by Justice Lisa Ramsumair-Hinds who is currently presiding over the second virtual judge-alone murder trial. Concerns over virtual trials include complaints about the public’s access to justice and the sanctity of evidence. Click here to read more. However court emergency covid 19 measures which include virtual hearings are expected to continue until it is changed by the Chief Justice. Click here to read more.
* The Roadmap to Recovery Committee has recommended fast-tracking a unique digital identifier to every citizen and legal resident, according to a draft report. The Committee cited COVID-19 as the much needed impetus to strive towards a digital economy. Click here to read more.
* Opposition Leader Kamla Persad-Bissessar said developing the digital economy is part of the UNC’s plan for economic diversification should it win the upcoming general election including the implementation of a national identification system. Click here to read more.
Regional
* Digicel has joined the likes of Coca-cola, Pepsi, Adidas and Starbucks, stopping all paid advertising on Facebook platforms globally for the month of July to protest racism and hate speech online. Click here to read more.
* Mastercard is launching free tools and resources to help small businesses across Latin America and the Caribbean (LAC) cope with the pandemic’s repercussions. As part of the initiative to help small businesses protect their operations as they migrate their companies online, Mastercard is providing free cyber vulnerability assessments and identity theft protection for the rest of 2020. Click here to read more.
* The World Bank approved Caribbean Digital Transformation Project in the sum of US $94 million dollars which will provide support for four Eastern Caribbean countries and the OECS Commission. The project aims to support the development of the digital economies in select countries including supporting reforms for regional harmonization of legal and regulatory frameworks to promote investment in digital infrastructure. Click here to read more.
Editorial
1. DNA: Cyber security must be national priority - By Arinthia S. Komolafe
The Democratic National Alliance (DNA) has given the government extensive recommendations to strengthen the Information and Communications Technology (ICT) of The Bahamas. We recognize that the future success of our nation hinges on innovation, creativity, commitment, determination and diversification undergirded by a strong ICT platform. Read more here.
2. Making #DigitalCaribean a Reality By Tahseen Sayed
The COVID-19 crisis has highlighted the essential role of digital technologies in keeping the world connected during an almost entire global lockdown. This has served as a wake up call to embrace the digital agenda and embrace it fast. Regardless of country income levels, governments have increasingly relied on technology to provide quick financial relief to households and individuals who lost income and livelihoods during the lockdown. The potential of digital technologies extends well beyond payment systems and can transform every sector of the economy. Read more here.
3. Privacy, Distrust And Big Data By Anika Gray And Urmila Pullat
When we think of countries sharing common problems, we do not readily think of India and Jamaica. One is a populous multifarious behemoth, home to 1.3 billion people, while the other is a tiny island, the home of reggae and barely 2.7 million people. Both are, however, former British colonies that inherited colonial systems of policing – institutions less concerned with protection and service and more with using force to control people. This policing philosophy persists in these post-colonial societies and has contributed to abuses of power and deeply entrenched corruption, as well as a deep distrust between the police and the populace. The introduction of big data and predictive policing technology into these toxic environments is a cause for worry.
Read more here.
4. ECCB charts a digital future by Mark Lyndersay
The Eastern Caribbean Central Bank (ECCB) has served as the monetary authority for eight islands of the Eastern Caribbean since 1983.
But even within that unusual and admirable example of fiscal harmony in the region, there are significant challenges to commerce.
While the currency travels through member islands, banking facilities and transfer capabilities are not implemented as fluidly.
The digital currency promises to jump over that hurdle.
Read more here.
Worldwide
* Facebook on Monday added a digital payments feature to its WhatsApp messaging service, starting in Brazil but with an eye to expanding around the world. However, Brazil’s Central Bank has now suspended the payments feature announcing that it will evaluate potential risks to the country’s payment infrastructure, and to work out whether WhatsApp is compliant with regulation.
* The video conferencing platform Zoom announced that it will provide end-to-end encryption to all customers, not just those who pay for a subscription. The popular app faced criticism from civil rights groups for its plans to exclude free calls from encryption services, which secure communication so they can only be read by the users involved. Click here to read more.
