Everything about real estate business


Electronic Commerce Taxaton: Emerging Legal Issues - Part II

UNAUTHORIZED HACKINGThe term "computerpayer be compelled to facilities the access
hacking" traditionally describes theto e-data.AUTHENTICATING THE INTEGRITY OF
penetration into computer systems, which isBUSINESS RECORDSWith conventional commerce
not carried out with the aims oforiginal records are paper-based and can be
manipulation, sabotage or espionage, but forexamined for the attributes of authenticity
the pleasure of overcoming the technicaland integrity. Since, with e-commerce
security measures. In practice, this kind oftransactions, the original documents are
offense can be frequently found. As far asstored in electronic form the comfort of
damage is concerned, a differentiation mustphysically viewing the originals knowing that
be made. In numerous cases, the attackedthey are unaltered does not exist. However,
computer user is not actually harmed, butsoftware is being developed to identify
only endangered. Contrary to this,alterations to computer records. Specific
considerable damages occur in other casesaccounting software may also be deployed for
especially when the perpetrators later usethis purpose. Many of us in the workplace
their knowledge for committing espionage andfeel more comfortable with paper-based
sabotage. In any case the "formal sphere ofrecords. But is this comfort an illusion?
secrecy" or the integrity of the concernedPaper records can be altered, lost or
computer systems is violated. Also it is veryfalsified. So too can computer records. The
tough to draw a dividing line between whatfact is that we are familiar with the tools
can be considered mild and what endangersand procedures for checking paper records.
life. Consider someone breaking into theWhereas, he tools for validating computer
online flight system of an Pakistan Airlinesrecords are new and, perhaps, less intuitive.
flight. He or she is definitely endangeringRevenue authorities are likely to reach a
the lives of those on board though it maynumber of conclusions to do with this over
have been done for fun's.To get access andthe next few years:* Computer audit means
verify the record being hosting in remotemore and different training of staff.* Once
services often requires the use of hacking tostaff is trained, computer audit will have
get access to records. The use of hacking asadvantages over traditional audit in terms of
legal tools requires use of hacking softspeed, precision and flexibility. It will be
wares with most modern technology and meansseen as the only way to audit large
employed to curb any evasion of tax andcompanies, in particular.* Computer audit
verify the e- record.No specific statutorywill make it easier to examine both
provisions are available for the defining theaccounting systems and the records which go
authorized hacking rights on the part of taxto make up those systems. Overall, it is not
officer.SECURITY AND PRIVACY ISSUES OF WEBthe fact that records are paper or
HOSTING SITESIn numerous Western legalcomputer-based that matters.What matters for
systems, the first "computer-specific"Revenue is that businesses more likely to
reforms of law during the 1970s and 1980sperpetrate tax fraud are identified through
concerned the protection of personal rightscorrect risk analysis. This does not depend
and privacy in particular. The relevanton the nature of the records as between
legislation was a reaction to new challengespaper-based and computerized. In conclusion,
to privacy by the increasing possibilities ofRevenue auditors will require a higher level
electronic data processing to gather, store,of computer skills in future to allow
connect and transfer personal data. Theaccurate interpretation of computerized
traditional provisions for the protection ofrecords systems. It will also be necessary
secrecy only covered part of the personalityfor Revenue auditors to have systems analysis
right and proved to be far too narrow for askills to validate the data models used in a
protection against the new dangers. Agiven accounting environment. They will also
differentiation in criminal data protectionneed manipulation skills to accurately trace
law which can be found in all countries todaytransactions through such systems. The
results from this historic development:computer software industry is aware of
Traditional offenses for the protection ofpotential for loss of audit trail arising
secrecy (e.g. for doctors, lawyers or publicfrom business being conducted on the
officials) can still be found in the core ofinternet. As mentioned already, the industry
criminal law, i.e. the Criminal Code.is developing techniques to ensure the
Personal data receives indirect criminalintegrity of electronic records. An example
protection by general criminal provisionsof this is a technique called "message
that are not limited to personal data . Wedigests". A message digests works by
can therefore speak of an international waveattaching a unique message to an electronic
of reform, which clearly shows the commonrecord. Any subsequent change to the record
problems of all national legal systems.Therecan be detected by comparing the original
are often Immunity is provided againstdigest with a newly created digest based on
disclosure of information relating tothe current state of the file data. Once
security procedure, no person shall beagain we see an emerging overlap of interest
compelled to disclose any password, key orbetween the public and private sector; both
other secret information exclusively withinare keen for ecommerce to work well and both
his private knowledge, which enables his useface common problems. The point has been well
of the security procedure or advancedmade that the private sector, particularly
electronic signature shall not confer anythe auditing profession, has the same
immunity where such information is used forinterest as tax auditors in safeguarding the
the commission of any offence under any lawintegrity of e-commerce records. One area of
for the time being in force.The mostfocus is the impact of significant electronic
formidable task is getting access to remoteprocessing of information on the auditor's
data is the shelter being provided by theability to rely on substantive, observable
remote hosting site for maintenance of theevidence in the conduct of an audit.FILING OF
privacy and security of the database. TheTAX RETURN OF E-BUSINESS AND FURNISHING
right to breach the security right asEVIDENCESelf-assessment relies on taxpayers
statutory is not possible in case of hostingvoluntarily meeting their tax obligations.
of data at remote server, unless the tax



1 A B C D 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105