Identification, signatures, electronic payment systems cash, money digital or electronic or Agayda, confidential information, information security, the risk of criminality high-tech, customer privacy, responsibility for mistakes and risks Authentic electronic correspondence, contracts, electronic banking, intellectual property issues for the software and the rules of the Bank Information or used from the site of the bank, or associated with them. Relationships and contracts to the bank with providers of technology or supplier of services or with sites allied projects, integration, participation and cooperation informatics, these and many offshoots citizen interest and legal research continuously for the purposes of providing the legal framework for banks and e-commerce and e-business.
To be a banking institution with an active on the Internet, means that the check to reach the largest amount of customers, and achieve comprehensiveness of services provided and to facilitate the acceptance and demand for, and gain a measure sure of the security of transactions and security management of shareholders' money, and finally to gain a measure distinct from the efficiency of the service provided to customers and amount acceptable to protect the interests of customers and money. These four elements - which requires each one plan performance and excellence - revealed through objective analysis of a package of legal challenges, as far as the safety of dealing with these challenges as it met the safety of the pillars of plans to achieve these elements and as it becomes available at the Bank e real and distinct.
As for the legal challenges it is first challenged to accept the law of electronic contracts and evidential weight of the challenge, and then the challenges of information security, challenges and means of payment, and business challenges associated with, and the challenges of standards and oversight, and fiscal challenges. Has been dealt with in the foregoing chapters of all these challenges, but we find it useful to learn some of the issues related to the same challenges associated with banking work more specifically linked to the rest of e-business.
4-1 the challenges of electronic banking contracts and the problems of proofFirst concepts to be highlighted that many confuse the two concepts in the field of contracts, information technology, so that the affected contracts, including produced by information technology is achieved in two sets of contracts, the first of: - Contracts traditional concluded by electronic means (contracted through information networks), where the contracts generally where the bases on the need to provide a corner consent and agree my control contractors, and the reason the project and local project, and the only laws based on Islamic law Kaleghanonin civilians, Jordanian and Iraqi Perkin consent and agree two wills as a pillar and a single conclusion of the contract, while the rest of the staff are the elements and conditions of the, has raised the means of communication the modern question the validity of the contract by which, as in the telex, fax, and raised in the present - since the early nineties at least - the question of the contract by computer systems and information networks and related in terms of reliable and authoritative e-mails and e-mail concerning the relations replace the contract as made clear in progress in reviewing the concept of the electronic contract. The truth is that the means of communication technology raises a number of issues, first and foremost it is the subject of this way, the question of proof of session and issues of contract (have turned the legal positions and judicial and jurisprudence to accept the means of the contractual offer in terms of the nature of reliability in the proof of the incident and the validity of evidence subject to protest and check on top of that two : - the possibility of keeping the information for the purposes of review at the conflict, and mediation in evidence through the points of reliability argument or authorities of the certification contract, hence by the system (SWIFT) Technology for the purposes of bank transfers - as well as regular chips and Habes and the like - as well as by telex for bringing about these nature and functions, in While still fax outside this framework, and just a guide proved by writing or evidence acceptable within the tapes private, and here also raised and raise e-mails through information networks such as the Internet and messages exchanged via private networks (Intranet) and e-mail the problem of failure to achieve these functions in the absence of standards, specifications and legal regulation which allows the provision of acceptable nature of evidence, and to achieve functionality that allows admission to the proof.
Besides the problem of proof means of communication have raised the issue of health in general session and existence, and relate to the issue of proof in a manner very difficult to Space in between. Besides the problems of security and means of communication and the ability of others to manipulate the content and the problems of time and place of conclusion and connection to the law that applies to the contract dispute at the point of jurisdiction in the eyes of the conflict.
Until these problems are not the same after a regional or international, but within the limits of international commercial contracts that have been organizing a lot of bases within the international conventions or across an organization model contracts and the Uniform Rules for a number of decades, but the prevalence of e-commerce in general, contact the trade content of the compact which has become common that services are misplaced and not goods (which require the recognition of materially contributing to alleviate the problematic electronic contracting Unlike online services) and because of the practice of e-commerce activities of everyone, and not between merchants only (which prevents the use of the elements of flexibility and freedom enjoyed by the trade relations For proof, etc.), in addition to the adoption of electronic commerce on electronic payment systems in general (Cards credit on-line or through the authorization on the phone and remittances of money, digital cards skilled and the like) and led to a process automation and banking services and automation contracted within the concept of banks, the Web or electronic banking or on-line banks or banks default Advanced view.
So, we are facing the process of assessing the rules of hiring in other relevant legislation (civil, trade, banks, etc ...) for the purpose of showing the compatibility of existing texts with what set apart by modern means of communication, especially information networks kinds (Internet, Intranet, Extranet), considering that the rules the scope of existing legislation in general is the branch of law dealing with the elements of writing, the editor and the document and the signature and replica's and ... etc. of the concepts of the meaning of material.
In general, the legal construction of legislation in the fields of contract and proof did not know the electronic media, specifically those that do not involve the output of material such as paper, and was its building based - generally with a number of exceptions - the writing, the editor, signature, picture, documentation, certification, records, documents, papers ..... Etc., all elements of the meaning of material if some wanted to expand the concept to include the technical means, which, though it was possible coverage of the technical means of extracts which have the authentic, it does not include the means of electronic content purely (of course, is just out of the solutions prescribed technical and legislative systems in comparison organized this field). And the possibility of harmonization of national legislation with this development requires a survey of all legislation, without exception, to ensure that contradict its provisions, not enough solutions, premature because of a nature to cause gaps and open the door to a potential contradiction in the attitudes of the judiciary.
4-2 the security of transactions and electronic banking information: -
Fact, the first in the field of the challenges of security of banking transactions that the security of electronic banking, as well as e-commerce part of the President of Information Security (IT Security) systems and high-tech in general, and indicate the outcome of studies of information security and witnessed this field of developments over the thirty years past that the levels and the requirements of the security key in the IT environment is as follows: -
Awareness of security issues for all levels of job performance, physical protection of technical equipment, performing protection (control strategies and employees), technical protection of the Interior, and technical protection from external risks.
The first rule in the field of information security is that security actor is studied based on the needs to ensure appropriate balance between the protected and the source of the threat and the scope of protection and system performance and cost. Thus, the strategies and programs for information security differ from one facility to another and from environment to another, depending on the nature of the technical architecture of the system subject protection, according to the information store protection, depending on the mechanics of the technical operations of the protected, along with elements of the integration of performance and the impact of the means of security upon the elements of the financial cost, etc. The second rule is The technical protection means protection and defense, and in certain cases and a means of attack, and integrated loops protection without legal protection through the legal provisions that protect against the misuse of computers and networks is known as computer crime, Internet, telecommunications and financial crimes, electronic which we have outlined above, and thus complement legislation, banks and e-commerce with the legal provisions to protect the information, and without body protection remains one wing.
If we stand within the exhibition space available a summary of security trends in the field of data protection in the banking environment, which take extreme importance for the banks which represent their data in fact money, digital and represents the rights to financial and key elements in the credit, we find that what is needed is a comprehensive strategy for information security address system, the Bank and its default location and dealing with protection systems, the interior of the activities of misuse that may be exercised by the concerned staff within the facility, specifically the concerned authorities to reach the control systems, treatment and programmers, as well as protection strategy of the breakthroughs of the Interior, and these strategies must be extended to the client the bank does not the bank alone, in order to ensure active and conscious to deal with the information and assess the importance of protection, and the bases for each strategy, requirements and outputs. And evaluate the efficiency of the strategy is based on their capability to provide the security umbrella of a comprehensive system for the bank and the client systems and associatedThe strategy of data protection in the banking environment that the first steps for users of technology (whether the bank as a user or customers who use technology to reach his website) immunization system internally (personal computer or workstation), and is done to close the gaps in the system since each system, flawed, For example, there are in the Windows system common to the option to share files and printing File and Print sharing is located in the Control Panel in Icon Network Network, this option if left enabled while connected to the network especially for users of and links to modem Alkeppla allow any user within the network related to the band itself to click on the icon next Network (Network Neighborhood) appears to him and drives a user can deal with it and with the files in it. As well as cancellation of client service network (as in network client Maekerosvet that the user is not associated with a local network through provider NT), and the abolition of all the options that permit the use of IP Net BIOS of the characteristics of the vicinity of the network if the user does not support it because it allows to participate files via the 139 - 137 on the system and is more protocols utilized in the analysis of penetration by penetration by the monitoring center and a breach incidents online. And also make sure to update the systems used and the follow-up of amendments issued by companies to fill the gaps that appear in the systems used, and can be done through the companies' web sites on the Internet. (Such as site and site Maekerosvet http://windowsupdate.microsoft.com Netscape http://hom.netscape.com/smartupdate) and others, along with armored vehicles modified settings during a visit to the site is safe, and vary depending on browser settings, but the main purpose of this cancel the reception step Java and ActiveX Software x (Active X), or cancel the reception and create files (cookies) that can include information on passwords or other, which is exchanged with the site visitor. And follow-up sites that reveal gaps in software and operating systems and address problems such as security
And the use of anti-virus software with the time development and operation of two programs together if the system allows this without over-protective measures, and make the process automatic scan when running the device and run any disk, and Alchiek league on the work program of anti-virus and repair the faults and mistakes. And beware of chat software and communication such as ICQ as remain active throughout the life of the device, and must be canceled work upon completion of use, taking into account the dangers of use, and do not run programs of unknown origin and purpose, which is contained within the e-mail or Web sites for the possibility to include back doors (Back Doors) facilitate penetration. And the use of firewalls or similar programs without excessive security measures of the effect on performance, and most importantly the choice of programs and proven effective, because some security software is a means to weaken the security and facilitate penetration.
However, if the user or the person responsible for the security of the network may resort to the use of screening programs and the use of personal systems such as the investigation of the company NetProwler Axent www.axent.com, address and the system of Kane Security Monitor Intrusion Detection of company, address www.intrusion.com, or the use of alternative solutions the firewalls when the conviction not to be effective, which include hardware NAT NAT that hide or camouflage the address personal user IP, as well as Virtual Private Networks VPN, which is the Internet a public network and documenting and encrypt data before it is exchanged. Or the use of encryption systems, taking into account the legal problems related and export restrictions, and the title of the means of encryption security technology for the time being.
The most important strategies for information security, providing technical competencies are able to detect and prosecute violations, and ensure a rapid intervention team is well aware of what he is doing because the most important breakthroughs in the field of computer destroyed evidence of a line in the process of dealing with the technical system. It is a new legal protections remain irrelevant if there is no protection provisions that create criminal prosecution of the legality of the actions of internal and external attacks on computer systems and databases.
4-3 challenges and means of payment: -
This challenge is a new, as it accelerates the means of electronic service for years without being accompanied in many legal systems of the organization of a legal suit challenges, If the credit card has made popular and admissibility of the high they are because the raises many legal issues in the fields of protection of civil and penal responsibilities of the parties to the relationship in which , and if it is acceptable in the past reliance on the contract concluded between the parties relations of credit cards to organize Msaúlha it is not acceptable to deal the same way with the challenges of the new concept of money and means to fulfill it after it appeared the trend towards money digital or Agayda or electronic substitute for money paper, Standards, rules and theories are different and change little by little, and here show the importance of banks as institutions with effect in directing the legislative institution to adopt legislation compatible with the concepts of money-mail, and means, rules and provisions dealing with the problems of law, as it appears important to create a building legal departments of banks, the legal position to machine to deal with the challenges of electronic banking that chose to enter this field, do not exaggerate if we say that the readiness of the legal treatment of the challenges of this pattern emerging is the most important guarantee for the success of the march, because he said he believed that the technical means will prevent the problems of law, it is pure illusion, as it conceals worlds of electronic banking and specifically the problems of payment and fulfillment of obligations and problems of providing service and raised the responsibility of, package, considering the problems and conflicts projected require the readiness consistent with their risks, and finally may be useful to remember that the stereotypes of agreements and contracts, instructions and laws-borne systems other legal and other institutions do not always meet the purpose for each yard of their privacy and for each facility of its considerations and priorities, as far as the importance of examining the experience of others in the importance of the biggest lies in understanding the internal needs and matching those needs with solutions than those of non-beneficiaries of the solutions and methods.4-4 business challenges associated with standards and supervisory: -
We knew that electronic banking is not just a bank and a client site, it's an environment of multi-relations part of it is linked to the customer and another part is linked to third-party business, either those that support the bank in the electronic banking service, or are dependent upon the services associated with its activities. Let us ask ourselves as we are heading for the construction of the bank's website or development work that we had embarked on its establishment, you have made clear, accurate and comprehensive in the setting of standards and the obligations and rights in the bank's relationship with providers of technical or hosts the site, contacts, or points of web development or parties technical internal and external??? Are third-party marketing and relationship development in the business environment and clear??? Have we within our legal third-party business lines of active defense in the event of any dispute?? Do you forced us need to exist on the network to accept the agreements we have not had the opportunity to learn gaps or adopting the best of them in favor of the bank?? Is not contractual relationships for the most part have arisen between us and foreign bodies, do We have prepared plans for efficient and effective for the protection of our existence, especially as these entities Hiatt to their interests and contractual means effective???And raises questions of Banking Supervision new legal challenges, the first of the challenge of standards that put the bank in an environment compatibility with the legislation and instructions of supervisors, and we must remain vigilant to the Help content supervisors in the field of electronic banking are either absent at this time or not clearly defined, and each time there can be no standards, we find ourselves unprepared to properly align them.
4-5 fiscal challenges: -
Do I have to impose taxes on the two activities of financial and commercial mail is tax list. ???? To abolish the idea of e-business site or location for commercial activity, and this means the possibility not to be the source of the activity. In addition to the problems raised by determining the legal system concerned. Also, the mobile e-business in terms of technical servers may migrate to countries with tax systems, the easiest and most encouraging, and it became aware of him so I decided not to impose U.S. taxes on business and electronic commerce, and Europe are now aware of the seriousness of the U.S. approach in this regard. And the imposition of taxes on this new style requires different tax strategies in the detection and follow-up combination. More importantly, cooperation and coordination regionally and internationally. The direction of the World Trade Organization (WTO) in this field is expressed by the statement Ministerial Declaration in April 1998 by the Council of the World Trade Organization, which requested the WTO General Council to hold a comprehensive study and build a research program to address this issue and the result of trends the General Council and his agreement that "no impose customs duties on electronic exchange. ", is required of the national strategy for business, commerce and electronic banking, the study of the impact of taxes on the activity-mail, and the case of conflict between the positions of enthusiastic e-business and guards traditional business, and address imposed by the existing texts of taxes and duties in the various aspects and relates to e-business for the seller and the buyer and the service provider and the recipient, and most importantly, the balance between the protection of national service points and points of International Service, which has the capacity to provide electronic service of more than national institutions in developing countries.
The analysis indicators for the framework and content of tax policy reveals that the U.S. position is based on the base ((business and e-commerce without taxes)) In Europe, try the Brussels meeting, held in November 1999 to reach a unified position on the issue of tax due to the different laws of Europe from this side, has not been achieved after the required alignment between the countries of the European Union in this regard.
These address the general areas of challenge, either raised in the detailed research work of electronic banking disputes and legal mechanisms to deal with it, it will be the main theme of the detailed treatment of the electronic banks in the fourth book of this encyclopedia - e-business.
Strategies to face legal challenges in an environment of electronic banking: -
Banks realize that the evaluation of the success and standing of the bank is not based on the same standards typical in the environment prior to the presence on the Internet, so that the assessment of banks' websites is also subject to considerations other than considerations of the scope of service and the size of the bank and the criteria evaluation other traditional, due the special nature of banks, Internet and its need for security and marketing strategies and design are different from ordinary banks, have an impact in the level of success of the Bank and the level of reliability, its services, for this adopted different criteria, for example, the following criteria: -
The scope of the bank to provide service and coverage of additional services to interactive electronic banking services.
For the Bank's work in the virtual environment.
The number of patterns and quality of electronic services provided.
The level of security and reliability of the methods usedMechanisms of action and standardsSimplicity of technical procedures and the effectiveness of the legal documentSize of the links provided by the bank's website and support points of service and intermediary services, or additional,
Levels of development and business development as measured by growth trends in the online environment.
Approach to standards developed with the size of the banking institution and its market development and the human and the category that is classified within it.Frame and the informational content provided on the Bank.Framework interactive with the customer.Extra presence and actual site of the bank on the ground and the ability of connecting to the sites of the actual services.
The audit of these standards and other notes that the point of evaluation is no longer necessarily the point of banking, but that the majority of these criteria carried out by consultants technicians or security, or legal or so, and summary evaluation be the subject of information materials of different, putting the bank in a challenge to influence public opinion or affected by public opinion in any failures .
With regard to the bank who wants to break into the worlds of electronic banking or seeking to provide effective protection to which he began his activity in this field, must start from the base of legal strategies that have the same legal protection as important as that given to the technical readiness and given to the marketing policies. To translate this basis to the tasks and plans should be created a cadre legal Arif aware of the nature of potential risks is ready to face it, do not mean the cadre here lawyers and advisers only, but the elements of R & D Legal entrusted with the realization of each new and deal with each potential risk, studies have shown analytical that the pattern and means of performance and the nature of knowledge workers in the field of legal protection for e-business projects is characterized by the content and form and pattern of tactic and means and the performance and the nature of knowledge is not working in this field. As the most important elements of strategies performance legal IT projects in general building databases developed constantly to ensure the survival of legal departments on the lookout for all new because what is happening for others has become a great deal of importance in light of raised by these works of the problems of conflict of laws and jurisdiction.
The era atheist century, necessitated and what still requires a comprehensive analysis (COMPREHENSIVE ANALYSIS) for services and financial products, electronic and e-commerce, as an input to determine the feature of electronic banking, banks of the century, not correct awareness of this new institution of the institutions of management science and money, but do not have to break into the Aoualemha without : -
Analysis of recent trends towards financial services Almatma (ELECTRONIC FINANCIAL SERVICES), the quantity and quality.Determine the risk of potential financial and administrative (business risks)Identify needs and material and technical knowledge and human resources and consulting required for this type of emerging business and in particular the adoption of standards of security and privacy.Determine the legal challenges arising in an environment relations and electronic banking solutions.Examination and evaluation of regulations relating to the trade in general and online electronic banking in particular.
Develop appropriate action plans and appropriate for the application of e-banking activities, work and ensure the nutrition and development and further evaluation and research to harmonize with the rapid developments in this sector.
Realizing that the electronic banking, a system and strategy and benefits, the responsibility as a prerequisite knowledge of strategies for electronic commerce and knowledge of its scope and its relationship to operations automation and management, and the distinction between communities and photos e-commerce and find out how can be applied to electronic commerce and its requirements and challenges, and after briefing in this pre-requisite, must realize the impact of services line banking technology to work. And understand whether and how the impact of technology on customer service financial relationship. He described the problems created by technology in the banking business environment, and describe the methods developed to achieve the profitability of banks' returns through electronic banking and select the items related to the new rules of competition in the banking business environment.
To be a banking institution with an active on the Internet, means that the check to reach the largest amount of customers, and achieve comprehensiveness of services provided and to facilitate the acceptance and demand for, and gain a measure sure of the security of transactions and security management of shareholders' money, and finally to gain a measure distinct from the efficiency of the service provided to customers and amount acceptable to protect the interests of customers and money. These four elements - which requires each one plan performance and excellence - revealed through objective analysis of a package of legal challenges, as far as the safety of dealing with these challenges as it met the safety of the pillars of plans to achieve these elements and as it becomes available at the Bank e real and distinct.
As for the legal challenges it is first challenged to accept the law of electronic contracts and evidential weight of the challenge, and then the challenges of information security, challenges and means of payment, and business challenges associated with, and the challenges of standards and oversight, and fiscal challenges. Has been dealt with in the foregoing chapters of all these challenges, but we find it useful to learn some of the issues related to the same challenges associated with banking work more specifically linked to the rest of e-business.
4-1 the challenges of electronic banking contracts and the problems of proofFirst concepts to be highlighted that many confuse the two concepts in the field of contracts, information technology, so that the affected contracts, including produced by information technology is achieved in two sets of contracts, the first of: - Contracts traditional concluded by electronic means (contracted through information networks), where the contracts generally where the bases on the need to provide a corner consent and agree my control contractors, and the reason the project and local project, and the only laws based on Islamic law Kaleghanonin civilians, Jordanian and Iraqi Perkin consent and agree two wills as a pillar and a single conclusion of the contract, while the rest of the staff are the elements and conditions of the, has raised the means of communication the modern question the validity of the contract by which, as in the telex, fax, and raised in the present - since the early nineties at least - the question of the contract by computer systems and information networks and related in terms of reliable and authoritative e-mails and e-mail concerning the relations replace the contract as made clear in progress in reviewing the concept of the electronic contract. The truth is that the means of communication technology raises a number of issues, first and foremost it is the subject of this way, the question of proof of session and issues of contract (have turned the legal positions and judicial and jurisprudence to accept the means of the contractual offer in terms of the nature of reliability in the proof of the incident and the validity of evidence subject to protest and check on top of that two : - the possibility of keeping the information for the purposes of review at the conflict, and mediation in evidence through the points of reliability argument or authorities of the certification contract, hence by the system (SWIFT) Technology for the purposes of bank transfers - as well as regular chips and Habes and the like - as well as by telex for bringing about these nature and functions, in While still fax outside this framework, and just a guide proved by writing or evidence acceptable within the tapes private, and here also raised and raise e-mails through information networks such as the Internet and messages exchanged via private networks (Intranet) and e-mail the problem of failure to achieve these functions in the absence of standards, specifications and legal regulation which allows the provision of acceptable nature of evidence, and to achieve functionality that allows admission to the proof.
Besides the problem of proof means of communication have raised the issue of health in general session and existence, and relate to the issue of proof in a manner very difficult to Space in between. Besides the problems of security and means of communication and the ability of others to manipulate the content and the problems of time and place of conclusion and connection to the law that applies to the contract dispute at the point of jurisdiction in the eyes of the conflict.
Until these problems are not the same after a regional or international, but within the limits of international commercial contracts that have been organizing a lot of bases within the international conventions or across an organization model contracts and the Uniform Rules for a number of decades, but the prevalence of e-commerce in general, contact the trade content of the compact which has become common that services are misplaced and not goods (which require the recognition of materially contributing to alleviate the problematic electronic contracting Unlike online services) and because of the practice of e-commerce activities of everyone, and not between merchants only (which prevents the use of the elements of flexibility and freedom enjoyed by the trade relations For proof, etc.), in addition to the adoption of electronic commerce on electronic payment systems in general (Cards credit on-line or through the authorization on the phone and remittances of money, digital cards skilled and the like) and led to a process automation and banking services and automation contracted within the concept of banks, the Web or electronic banking or on-line banks or banks default Advanced view.
So, we are facing the process of assessing the rules of hiring in other relevant legislation (civil, trade, banks, etc ...) for the purpose of showing the compatibility of existing texts with what set apart by modern means of communication, especially information networks kinds (Internet, Intranet, Extranet), considering that the rules the scope of existing legislation in general is the branch of law dealing with the elements of writing, the editor and the document and the signature and replica's and ... etc. of the concepts of the meaning of material.
In general, the legal construction of legislation in the fields of contract and proof did not know the electronic media, specifically those that do not involve the output of material such as paper, and was its building based - generally with a number of exceptions - the writing, the editor, signature, picture, documentation, certification, records, documents, papers ..... Etc., all elements of the meaning of material if some wanted to expand the concept to include the technical means, which, though it was possible coverage of the technical means of extracts which have the authentic, it does not include the means of electronic content purely (of course, is just out of the solutions prescribed technical and legislative systems in comparison organized this field). And the possibility of harmonization of national legislation with this development requires a survey of all legislation, without exception, to ensure that contradict its provisions, not enough solutions, premature because of a nature to cause gaps and open the door to a potential contradiction in the attitudes of the judiciary.
4-2 the security of transactions and electronic banking information: -
Fact, the first in the field of the challenges of security of banking transactions that the security of electronic banking, as well as e-commerce part of the President of Information Security (IT Security) systems and high-tech in general, and indicate the outcome of studies of information security and witnessed this field of developments over the thirty years past that the levels and the requirements of the security key in the IT environment is as follows: -
Awareness of security issues for all levels of job performance, physical protection of technical equipment, performing protection (control strategies and employees), technical protection of the Interior, and technical protection from external risks.
The first rule in the field of information security is that security actor is studied based on the needs to ensure appropriate balance between the protected and the source of the threat and the scope of protection and system performance and cost. Thus, the strategies and programs for information security differ from one facility to another and from environment to another, depending on the nature of the technical architecture of the system subject protection, according to the information store protection, depending on the mechanics of the technical operations of the protected, along with elements of the integration of performance and the impact of the means of security upon the elements of the financial cost, etc. The second rule is The technical protection means protection and defense, and in certain cases and a means of attack, and integrated loops protection without legal protection through the legal provisions that protect against the misuse of computers and networks is known as computer crime, Internet, telecommunications and financial crimes, electronic which we have outlined above, and thus complement legislation, banks and e-commerce with the legal provisions to protect the information, and without body protection remains one wing.
If we stand within the exhibition space available a summary of security trends in the field of data protection in the banking environment, which take extreme importance for the banks which represent their data in fact money, digital and represents the rights to financial and key elements in the credit, we find that what is needed is a comprehensive strategy for information security address system, the Bank and its default location and dealing with protection systems, the interior of the activities of misuse that may be exercised by the concerned staff within the facility, specifically the concerned authorities to reach the control systems, treatment and programmers, as well as protection strategy of the breakthroughs of the Interior, and these strategies must be extended to the client the bank does not the bank alone, in order to ensure active and conscious to deal with the information and assess the importance of protection, and the bases for each strategy, requirements and outputs. And evaluate the efficiency of the strategy is based on their capability to provide the security umbrella of a comprehensive system for the bank and the client systems and associatedThe strategy of data protection in the banking environment that the first steps for users of technology (whether the bank as a user or customers who use technology to reach his website) immunization system internally (personal computer or workstation), and is done to close the gaps in the system since each system, flawed, For example, there are in the Windows system common to the option to share files and printing File and Print sharing is located in the Control Panel in Icon Network Network, this option if left enabled while connected to the network especially for users of and links to modem Alkeppla allow any user within the network related to the band itself to click on the icon next Network (Network Neighborhood) appears to him and drives a user can deal with it and with the files in it. As well as cancellation of client service network (as in network client Maekerosvet that the user is not associated with a local network through provider NT), and the abolition of all the options that permit the use of IP Net BIOS of the characteristics of the vicinity of the network if the user does not support it because it allows to participate files via the 139 - 137 on the system and is more protocols utilized in the analysis of penetration by penetration by the monitoring center and a breach incidents online. And also make sure to update the systems used and the follow-up of amendments issued by companies to fill the gaps that appear in the systems used, and can be done through the companies' web sites on the Internet. (Such as site and site Maekerosvet http://windowsupdate.microsoft.com Netscape http://hom.netscape.com/smartupdate) and others, along with armored vehicles modified settings during a visit to the site is safe, and vary depending on browser settings, but the main purpose of this cancel the reception step Java and ActiveX Software x (Active X), or cancel the reception and create files (cookies) that can include information on passwords or other, which is exchanged with the site visitor. And follow-up sites that reveal gaps in software and operating systems and address problems such as security
And the use of anti-virus software with the time development and operation of two programs together if the system allows this without over-protective measures, and make the process automatic scan when running the device and run any disk, and Alchiek league on the work program of anti-virus and repair the faults and mistakes. And beware of chat software and communication such as ICQ as remain active throughout the life of the device, and must be canceled work upon completion of use, taking into account the dangers of use, and do not run programs of unknown origin and purpose, which is contained within the e-mail or Web sites for the possibility to include back doors (Back Doors) facilitate penetration. And the use of firewalls or similar programs without excessive security measures of the effect on performance, and most importantly the choice of programs and proven effective, because some security software is a means to weaken the security and facilitate penetration.
However, if the user or the person responsible for the security of the network may resort to the use of screening programs and the use of personal systems such as the investigation of the company NetProwler Axent www.axent.com, address and the system of Kane Security Monitor Intrusion Detection of company, address www.intrusion.com, or the use of alternative solutions the firewalls when the conviction not to be effective, which include hardware NAT NAT that hide or camouflage the address personal user IP, as well as Virtual Private Networks VPN, which is the Internet a public network and documenting and encrypt data before it is exchanged. Or the use of encryption systems, taking into account the legal problems related and export restrictions, and the title of the means of encryption security technology for the time being.
The most important strategies for information security, providing technical competencies are able to detect and prosecute violations, and ensure a rapid intervention team is well aware of what he is doing because the most important breakthroughs in the field of computer destroyed evidence of a line in the process of dealing with the technical system. It is a new legal protections remain irrelevant if there is no protection provisions that create criminal prosecution of the legality of the actions of internal and external attacks on computer systems and databases.
4-3 challenges and means of payment: -
This challenge is a new, as it accelerates the means of electronic service for years without being accompanied in many legal systems of the organization of a legal suit challenges, If the credit card has made popular and admissibility of the high they are because the raises many legal issues in the fields of protection of civil and penal responsibilities of the parties to the relationship in which , and if it is acceptable in the past reliance on the contract concluded between the parties relations of credit cards to organize Msaúlha it is not acceptable to deal the same way with the challenges of the new concept of money and means to fulfill it after it appeared the trend towards money digital or Agayda or electronic substitute for money paper, Standards, rules and theories are different and change little by little, and here show the importance of banks as institutions with effect in directing the legislative institution to adopt legislation compatible with the concepts of money-mail, and means, rules and provisions dealing with the problems of law, as it appears important to create a building legal departments of banks, the legal position to machine to deal with the challenges of electronic banking that chose to enter this field, do not exaggerate if we say that the readiness of the legal treatment of the challenges of this pattern emerging is the most important guarantee for the success of the march, because he said he believed that the technical means will prevent the problems of law, it is pure illusion, as it conceals worlds of electronic banking and specifically the problems of payment and fulfillment of obligations and problems of providing service and raised the responsibility of, package, considering the problems and conflicts projected require the readiness consistent with their risks, and finally may be useful to remember that the stereotypes of agreements and contracts, instructions and laws-borne systems other legal and other institutions do not always meet the purpose for each yard of their privacy and for each facility of its considerations and priorities, as far as the importance of examining the experience of others in the importance of the biggest lies in understanding the internal needs and matching those needs with solutions than those of non-beneficiaries of the solutions and methods.4-4 business challenges associated with standards and supervisory: -
We knew that electronic banking is not just a bank and a client site, it's an environment of multi-relations part of it is linked to the customer and another part is linked to third-party business, either those that support the bank in the electronic banking service, or are dependent upon the services associated with its activities. Let us ask ourselves as we are heading for the construction of the bank's website or development work that we had embarked on its establishment, you have made clear, accurate and comprehensive in the setting of standards and the obligations and rights in the bank's relationship with providers of technical or hosts the site, contacts, or points of web development or parties technical internal and external??? Are third-party marketing and relationship development in the business environment and clear??? Have we within our legal third-party business lines of active defense in the event of any dispute?? Do you forced us need to exist on the network to accept the agreements we have not had the opportunity to learn gaps or adopting the best of them in favor of the bank?? Is not contractual relationships for the most part have arisen between us and foreign bodies, do We have prepared plans for efficient and effective for the protection of our existence, especially as these entities Hiatt to their interests and contractual means effective???And raises questions of Banking Supervision new legal challenges, the first of the challenge of standards that put the bank in an environment compatibility with the legislation and instructions of supervisors, and we must remain vigilant to the Help content supervisors in the field of electronic banking are either absent at this time or not clearly defined, and each time there can be no standards, we find ourselves unprepared to properly align them.
4-5 fiscal challenges: -
Do I have to impose taxes on the two activities of financial and commercial mail is tax list. ???? To abolish the idea of e-business site or location for commercial activity, and this means the possibility not to be the source of the activity. In addition to the problems raised by determining the legal system concerned. Also, the mobile e-business in terms of technical servers may migrate to countries with tax systems, the easiest and most encouraging, and it became aware of him so I decided not to impose U.S. taxes on business and electronic commerce, and Europe are now aware of the seriousness of the U.S. approach in this regard. And the imposition of taxes on this new style requires different tax strategies in the detection and follow-up combination. More importantly, cooperation and coordination regionally and internationally. The direction of the World Trade Organization (WTO) in this field is expressed by the statement Ministerial Declaration in April 1998 by the Council of the World Trade Organization, which requested the WTO General Council to hold a comprehensive study and build a research program to address this issue and the result of trends the General Council and his agreement that "no impose customs duties on electronic exchange. ", is required of the national strategy for business, commerce and electronic banking, the study of the impact of taxes on the activity-mail, and the case of conflict between the positions of enthusiastic e-business and guards traditional business, and address imposed by the existing texts of taxes and duties in the various aspects and relates to e-business for the seller and the buyer and the service provider and the recipient, and most importantly, the balance between the protection of national service points and points of International Service, which has the capacity to provide electronic service of more than national institutions in developing countries.
The analysis indicators for the framework and content of tax policy reveals that the U.S. position is based on the base ((business and e-commerce without taxes)) In Europe, try the Brussels meeting, held in November 1999 to reach a unified position on the issue of tax due to the different laws of Europe from this side, has not been achieved after the required alignment between the countries of the European Union in this regard.
These address the general areas of challenge, either raised in the detailed research work of electronic banking disputes and legal mechanisms to deal with it, it will be the main theme of the detailed treatment of the electronic banks in the fourth book of this encyclopedia - e-business.
Strategies to face legal challenges in an environment of electronic banking: -
Banks realize that the evaluation of the success and standing of the bank is not based on the same standards typical in the environment prior to the presence on the Internet, so that the assessment of banks' websites is also subject to considerations other than considerations of the scope of service and the size of the bank and the criteria evaluation other traditional, due the special nature of banks, Internet and its need for security and marketing strategies and design are different from ordinary banks, have an impact in the level of success of the Bank and the level of reliability, its services, for this adopted different criteria, for example, the following criteria: -
The scope of the bank to provide service and coverage of additional services to interactive electronic banking services.
For the Bank's work in the virtual environment.
The number of patterns and quality of electronic services provided.
The level of security and reliability of the methods usedMechanisms of action and standardsSimplicity of technical procedures and the effectiveness of the legal documentSize of the links provided by the bank's website and support points of service and intermediary services, or additional,
Levels of development and business development as measured by growth trends in the online environment.
Approach to standards developed with the size of the banking institution and its market development and the human and the category that is classified within it.Frame and the informational content provided on the Bank.Framework interactive with the customer.Extra presence and actual site of the bank on the ground and the ability of connecting to the sites of the actual services.
The audit of these standards and other notes that the point of evaluation is no longer necessarily the point of banking, but that the majority of these criteria carried out by consultants technicians or security, or legal or so, and summary evaluation be the subject of information materials of different, putting the bank in a challenge to influence public opinion or affected by public opinion in any failures .
With regard to the bank who wants to break into the worlds of electronic banking or seeking to provide effective protection to which he began his activity in this field, must start from the base of legal strategies that have the same legal protection as important as that given to the technical readiness and given to the marketing policies. To translate this basis to the tasks and plans should be created a cadre legal Arif aware of the nature of potential risks is ready to face it, do not mean the cadre here lawyers and advisers only, but the elements of R & D Legal entrusted with the realization of each new and deal with each potential risk, studies have shown analytical that the pattern and means of performance and the nature of knowledge workers in the field of legal protection for e-business projects is characterized by the content and form and pattern of tactic and means and the performance and the nature of knowledge is not working in this field. As the most important elements of strategies performance legal IT projects in general building databases developed constantly to ensure the survival of legal departments on the lookout for all new because what is happening for others has become a great deal of importance in light of raised by these works of the problems of conflict of laws and jurisdiction.
The era atheist century, necessitated and what still requires a comprehensive analysis (COMPREHENSIVE ANALYSIS) for services and financial products, electronic and e-commerce, as an input to determine the feature of electronic banking, banks of the century, not correct awareness of this new institution of the institutions of management science and money, but do not have to break into the Aoualemha without : -
Analysis of recent trends towards financial services Almatma (ELECTRONIC FINANCIAL SERVICES), the quantity and quality.Determine the risk of potential financial and administrative (business risks)Identify needs and material and technical knowledge and human resources and consulting required for this type of emerging business and in particular the adoption of standards of security and privacy.Determine the legal challenges arising in an environment relations and electronic banking solutions.Examination and evaluation of regulations relating to the trade in general and online electronic banking in particular.
Develop appropriate action plans and appropriate for the application of e-banking activities, work and ensure the nutrition and development and further evaluation and research to harmonize with the rapid developments in this sector.
Realizing that the electronic banking, a system and strategy and benefits, the responsibility as a prerequisite knowledge of strategies for electronic commerce and knowledge of its scope and its relationship to operations automation and management, and the distinction between communities and photos e-commerce and find out how can be applied to electronic commerce and its requirements and challenges, and after briefing in this pre-requisite, must realize the impact of services line banking technology to work. And understand whether and how the impact of technology on customer service financial relationship. He described the problems created by technology in the banking business environment, and describe the methods developed to achieve the profitability of banks' returns through electronic banking and select the items related to the new rules of competition in the banking business environment.
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