legal context saskia mermans ispa and the legislation legal framework for the internet: general...
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Legal ContextLegal ContextSaskia Mermans
Ispa and the legislation
Legal Framework for the Internet: general observation
E-mail: Highlights of the legislation in Europe and Belgium
Conclusion
Legal framework for the internet: Legal framework for the internet: general observationgeneral observation
Past: the option was taken towards more and specific Internet regulation.
BUT the big hype in particular as to e-commerce didn't come through.
Present: the option is taken towards adapting the "old" law to the new technology:
i.e. copyright directive; e-commerce directive
IN GENERAL: OFF LINE = ON LINE
Future: the law is driven by market dynamics and globalization
but “nothing is permanent, but change”.
EE-mail: Highlights of the legislation -mail: Highlights of the legislation in Europe and Belgiumin Europe and Belgium
Privacy & cybercrime
E-commerce & E-confidence
Copyright
EE-mail: Highlights of the legislation -mail: Highlights of the legislation in Europe and Belgiumin Europe and Belgium
PRIVACY & CYBERCRIME * Privacy in general:
- Europe:- Data Protection Directive 97/66: “Safe Harbour Principles”
- Proposal for Directive on privacy in electronic communication COM 12/07/2000: mixed opt-in/opt-out
- Belgium:- Law 21/03/1991 Telecommunications Act- Law Privacy 08/12/1992 and 11/12/1998; R.D. 13/02/2001- Proposal of Law of Senator Destexhe: E-mail at the workplace- Law 14.07.1991 Trade Practices Act
• Privacy in general:
- Europe:- Data Protection Directive 97/66: “Safe Harbour Principles”
- Proposal for Directive on privacy in electronic communication COM 12/07/2000: mixed opt-in/opt-out
- Belgium:- Law 21/03/1991 Telecommunications Act- Law Privacy 08/12/1992 and 11/12/1998; R.D. 13/02/2001- Proposal of Law of Senator Destexhe: E-mail at the workplace- Law 14.07.1991 Trade Practices Act
* Key issues:
Commercial e-mails: Opt-in/opt-out=> complete harmonisation throughout Europe is
necessary=> avoid competitive disadvantage for Belgium economy
EE-mail: Highlights of the legislation in -mail: Highlights of the legislation in Europe and BelgiumEurope and Belgium
•CYBERCRIME: - Belgium:
- Law 28/11/2000 Computer related crime - Interception: Law 30/06/1994; Draft Royal Decree
- Co-regulation: ISPA Cooperation Protocol 28/05/1999
* Key issues:
- Retention of data: a clear legal framework is necessary as to “what” needsto stored and for how long
- Internet & interception: technical solution is needed- Legal security for the operation- Cross-border implications
EE-mail: Highlights of the legislation in -mail: Highlights of the legislation in Europe and BelgiumEurope and Belgium
COPYRIGHT - Europe:
- Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society, “Copyright Directive”
- Belgium:
- Law 30/06/1994 Copyright- Proposal of Law of Senator Monfils to transpore the Copyright Directive
* Key Issues
- ISPs need to have the right to “technical copying” (i.e. caching)=> There will be no Internet anymore
EE-mail: Highlights of the legislation in -mail: Highlights of the legislation in Europe and BelgiumEurope and Belgium
E-COMMERCE & E-CONFIDENCE - Europe:
- Directive 08/06/2000 E-commerce Directive
* Liability of the ISPs: - Exemption of liability in case of “carrier” role (“mere conduit”) - Limitation of liability in case of “hosting” role
* Applicable law: country of origin
- Directive 1999/93/EC Digital Signature
- Belgium:
- Law 14/07/1991 Trade Practices Act- Project of Law 30/11/2001 to transpose the E-commerce Directive
EE-mail: Highlights of the legislation in -mail: Highlights of the legislation in Europe and BelgiumEurope and Belgium
Legal context: conclusionLegal context: conclusion
Internet in general, e-mail in particular = a "medium"=> can be included in general laws
A global approach is necessary-> world-wide approach
Legislative process: involve the direct responsibles.
=> “don't shoot the messenger”
Balanced solution including a co-regulation approach where possible and necessary.