Legislation and Technological element

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Applying law and legislation needs to consider about the use of new technology. The Courts in England can interpret legislation with a view to identifying and priventing ilegal activities for which the court considers the legislation was designed. It is therefore possible that such legal interpretation can be used to adapt the existing legislation to the new technology.



However the Courts may not always be able to interpret legislation to cover all situations that may be posed by technology. In particular, the Human Rights Act requires Courts, as public bodies, to interpret legislation in a way that is acceptable with human rights such as the right to respect for private life. The Courts may therefore have to consider that in mind when balancing the competing interests of the individual’s privacy rights and the State’s need for third parties to disclose distrustful transactions in order to combat crime.

One example of legislative action being taken to reduce money laundering through the Internet is a bill introduced in Canada last year to ban the use of virtually any kind of bank instrument for the use of gambling over the Internet, for fear that virtual casinos are suitable for abuse in term of money laundering.

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