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					Legal Context
Saskia Mermans
 Ispa and the legislation


 Legal Framework for the Internet: general
observation


 E-mail: Highlights of the legislation in Europe
and Belgium


 Conclusion
Co-regulation
Ispa and the legislation
      Legal framework for the internet:
      general 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”.
E-mail: Highlights of the legislation
in Europe and Belgium



 Privacy & cybercrime


 E-commerce & E-confidence


 Copyright
E-mail: Highlights of the legislation
in 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
    E-mail: Highlights of the legislation in
    Europe and Belgium
• 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
    E-mail: Highlights of the legislation in
    Europe 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” needs
               to stored and for how long
       - Internet & interception: technical solution is needed
       - Legal security for the operation
       - Cross-border implications
 E-mail: Highlights of the legislation in
 Europe 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
   E-mail: Highlights of the legislation in
   Europe 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
    Legal 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.
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posted:3/29/2008
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