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Fourth international congress on the theme law and computers
CONFERENCE REVIEW FOURTH INTERNATIONAL CONGRESS ON THE THEME LAW AND COMPUTERS Rome, Palace of Congress 16-21st May 1988 This congress is by far the largest single event in the field of law and computers in the world today. Organised by the Electronic Centre for Documentation of the Italian Supreme Court but under the patronage of the President of the Italian Republic and sponsored by a host of government agencies, multinational companies and organisations, more than 1800 delegates participated from approximately 70 countries. Over 500 speakers took part in ten special sessions designed to cover all aspects of the interaction of law with computers. To complete the statistics more than 15,000 invitations were sent out plus a further 10,000 personal letters and 100,000 information sheets. Preparation for the conference has occupied 17 people full time for one year. It is hard to describe the immense amount of detailed planning that such an event requires. First it requires a building capable of hosting such an event and supporting exhibition. The Palace of Congress on the outskirts of Rome was an ideal location. Not only had there to be a central meeting point for the entire congress but also ten ante-rooms had to be set up, each capable of accommodating up to 200 delegates wishing to attend any one of the ten special sessions over two days. In addition, there had to be translation facilities in all locations and hotel, transport and catering arrangements made. That does not include all the other services necessary to support the event: security for the delegations, telephone, telex and fax facilities, postal and medical services, distribution of the conference documentation, travel advice and social and cultural programmes. The congress began with some grand messages of welcome. It was opened in the presence of the Italian President, Francesco Cossiga. In the words of the .first President of the Supreme Court, 'the relationship between computers and a more definite law constitutes an essential instrument for a full knowledge of
40
case laws and represents the solid base for a concrete knowledge of legislative regulations ~ In his message the Director of the Electronic Computer Centre, President Vittorio Novelli, talked about the vital character of computer science which enriched all those involved in the subject. Whether it was because of the constant updating of knowledge and notions, the youthful environment, or reference to the near future, 'what is certain is that the computer science family is a cheerful one~ The Congress Director, Dr Massimo Genghini, mentioned the dense economic and legal relations of modern states that are technologically advanced. The law needed to operate supremely, particularly in moments when national and human behaviour aroused doubts, when solidarity and a sense of responsibility among mankind was in doubt, it was up to the legal experts to meet these expectations by developing a 'logiciel' that was suitable for taking the maximum benefits from technical progress and was no more hectic or disruptive "than those old mental systems and obsolete bureaucratic structures~ He saw the way ahead as being by its very nature, a transnational one and this required widespread distribution of information. Correct, facilitated, widespread information provision was the only means of achieving international development, overcoming inequality and reasserting the essential values of democracy. With these and other initial words of greeting the congress got down to its work in the sessions. The following is a brief description of the subject matter of each. Session I This was concerned with the general duties of the state in the computer domain: to provide a primary and global reference picture of the basic concepts necessary to a secure relationship between the computer revolution and a just, orderly and civilised society. Issues included the right to automate information and create databases; problems of privacy, identification of users and cross border data flow.
SEPT - OCT
Session II considered the application of computer science to the study of Roman Law and other laws of ancient times. It also discussed the history of medieval and modern law including the impact of computers on canon law, philosophy of law and general theory underlying law. Session III The subject of the third session was that of law and civil proceedings. It divided into three areas - private law (problems of computer contracts and civil liability), labour law (the impact of new technologies on industrial relations and working conditions) and civil proceedings (computer documents and their probative value, etc.). Session IV examined the issues arising from the introduction of computers in criminal proceedings and in criminal court activities. Reports included the use of computers in major criminal proceedings, in the maintenance of criminal records and in the assault against organised crime. It also considered the status of expert systems in the decision making process in criminal proceedings. A number of other papers examined particular legal problems in the field of computer crime and in the establishment of databanks in the criminal sector. Session V The topic for Session V was the analysis of the impact of computers on business. A number of issues were considered including paperless trading, banking and insurance issues and the use of technology in the provision of corporate information as required by law. Session Vl A major theme of the sixth session was consideration of technology and the environment, particularly in the application of computer science techniques in environmental research. The growth of databanks providing information on legal and environmental issues was also featured, eg. in the areas of food, dangerous substances, hydrogeological restraints, rights of commons, atmospheric water and ground pollution. Session VII concerned itself with the development of computers and the consequential problems and benefits this has had in public administration. The theme was that legislation required immediate and full information in drafting to avoid gaps, repetition and omissions. This applied both at national and local level. Also important were the relations between
TIlE COMPUTER LAW AND SECURITY REPORT
individuals and authorities and the prospects of automation of administrative records in local offices. Session VIII 1focused on international and EEC law with papers ranging from substantive legal problems generated by information technology to consideration of the work of international agencies such as the Council of Europe, the European Court of Human Rights, the International Bureau for Informatics and others. Consideration also took place of international developments in the dissemination of information and co-ordination of databanks in Europe and international issues in arbitration and dispute settlement. Session IX was somewhat loosely described as concerned with "the legal system and computers~ According to the programme the session would examine the "organisational aspects within justice administration" eg. the procedures of the justice authorities and their use of statistics for measuring the effectiveness of the system as a whole. Also considered were developments in the automated provision of documentation within the professions, law libraries and local court offices. Session X No formal attempt was made to distinguish this session from the rest, the comment being that reports received under the theme "technical means providing access to information and the new publishing industry" covered a wide range and therefore selection was "not easy to foreseel However, a number of changes and initiatives developed during the past five years would be discussed in the areas of office automation, data transmission, personal computers, centralised databases and expert systems. How does one begin to assess the fruits of a congress of this magnitude? It is certainly impressive to witness a Soviet speaker followed by a Chinese delegate, a speaker from India and then a Supreme Court Judge from the Lebanon. At that level it is certainly possible to deepen one's knowledge of the state of development in those countries and the particular concerns and initiatives uppermost in those regions. Then there are the papers, of course; more than 500 altogether which the conference organisers had kindly bundled together in wallets - one for each session. Upon completion of a registration card at the document
41
3 CLSR
collection point every delegate was given a holdall in Alitalia 'green' containing about 401b of papers. Those not included at the time would be mailed later. Getting on for 20% of the material was written in English, the other papers being predominantly produced in Italian, French, German and Spanish. The papers ranged from factual accounts of development in particula'r fields and/or countries to more analytical reports raising issues for discussion. The majority could be classified in the former category. They would certainly provide a useful addition to any reference collection in the field of law and computers. But to get to the central question of the value of the Congress there are some criticisms to be made. One of the major difficulties that arose was the potential overlap between the special sessions and the inability of the delegates to find out exactly who was speaking and when. A further problem was the difficulty that the translators had understanding the language of the speakers. To make matters worse, the headphones frequently failed to transmit a clear sound. As a result delegates were unable to follow through particular themes despite the impeccable organisation in every other aspect. For example, a series of police buses were laid on to transfer delegates to and from their hotels and to the lavish social events in the evening which included a reception hosted by the Mayor of Rome, a Mozart concert, a special performance of Salome by the Italian Opera Company, not to mention two conference dinners. Delegates were whisked through the chaotic streets of Rome with a police escort that on one occasion nearly led to the arrest of a motorist who was not prepared to move out of the way of the convoy as quickly as the police would have liked. Clearly, one must be pleased to see the effort one Member State is prepared to go to to convene such an ambitious and extensive gathering. But with such great attention having been paid to ensuring the comfort and entertaining of the delegates and their guests, one can only wish that a little more thought had been given to the organisation of the sessions and to the communication of the programme to the delegates. With such a large event it was, of course, also very difficult to contact a speaker or a delegate, particularly
SEPT - 0C1"
individuals one had not met before. That is why a delegates list and a speakers list with their hotel location and their home address would have been extremely valuable. What a shame, therefore, that no lists whatsoever were forthcoming. It was not as if the list could not have been produced as the details of each delegate and speaker were stored electronically and used by conference personnel throughout the conference, especially when allocating tickets to the social events. Presumably the organisers regard the list as their proprietary information, but denial of III
IIIIIIIIIIII
TttE COMPUTER LAW AND SECURITY REPORT
access does seem to run in the face of the overall objective of such a meeting which is to put individuals in touch with one another and to enable a dialogue to develop long after the congress has completed its business. Perhaps some thought can be given to this problem prior to the next meeting in 1993. In conclusion then, this Congress was an impressive and prestigious success for the Italians but a Congress of contrasts: sound public relations, tremendous attention to detail in the planning and in the comfort of delegates, but some gaps when it came down to
3 CLSR
the actual delivery of the papers and of the substance of the debate. I suspect that many delegates will only begin to assess the intellectual quality of what took place when they get back home and commence the task of sifting through the papers and analysing their contents.
Stephen Saxby Footnote Iyour editor contributed to this session with a paper entitled: "Information Law and the
challenge of the new technologies'~
INFORMATION
OFTEL refers Chatlines and other Message Services to the Monopolies and Mergers Commission Professor Bryan Carsberg, Director General of Telecommunications, today announced that he has referred the problems relating to Chatline Services and some aspects of Message Services to the Monopolies and Mergers Commission (MMC). Although British Telecom (B0 suspended its "Talkabout" service in February, independent Chatline service providers have continued to operate, using lines rented from 131.Professor Carsberg had previously commenced proceedings to establish controls on Chatline Services by amending the licences of BT and other operators by agreement. However, BT subsequently informed Professor Carsberg that it would be unable to agree to the proposed amendment because of its legally binding commitments to independent service providers. He can therefore introduce the controls only if the MMC agrees that an amendment should be made to Bl"'s Licence. The proposed amendment would ensure that these services were provided only to customers who had actively requested their provision on exchange lines for which they were responsible for paying the bill and only where itemised billing could be provided. Professor Carsberg said: "'l am aware from B'r's decision about Talk,about that the imposition of these restrictions is likely to lead to a cessation of Chatline Services - at least until modem technology is more widely available. I believe that this is an acceptable outcome in terms of my duty to promote the interests of all users of telephone services. I am therefore asking the MMC whether or not it would support the imposition of these restrictions."
Professor Carsberg is also asking the
MMC to report on the desirability of imposing the same restrictions on "Oneon-One Chatline Service" - which involve a live conversation between two people but where the originator of the call is charged a premium price, part of which is passed on to the provider of the service. These services have been the subject of strong recent complaints to OFTEL. OFTEL has received a large number of complaints about Message Services, mainly concerning cost, content of the message, advertising of the service and the problem that the call is made without the bill payer's knowledge. As Message Services and their problems are closely related to Chatline Services, Professor Carsberg has included them in the reference and has asked the MMC to consider a number of possible measures including: • Separating the services into two categories - Information and Entertainment • Introducing 'contracting-in' arrangements for Entertainment Services • Requiring the provision of call-barring facilities as soon as feasible • Imposing an active monitoring requirement In his statement, Professor Carsberg outlines the work of the Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS) regarding complaints about advertising and content. Professor Carsberg said: "1 believe that it is highly desirable that ICSTIS should undertake the random monitoring of Recorded Message Services. I am assured that the necessary resources will be made available and I am grateful that the Committee has now indicated that it is
42
willing to take this task on/"
The issue of pricing Message Services has not been included in reference. Professor Carsberg announced that he was conducting a separate investigation into pricing and will publish his conclusions as soon as possible.
NOTE: 1. This is the first reference mady by Professor Carsberg under section 13(1) of the Telecommunications Act (1984) to the Monopolies and Mergers Commission. To make the licence amendment the Director General must obtain a finding from the MMC that the subject matter of the reference is operating against the public interest and that the detriment to the public interest can be remedied by a licence amendment. 2. British Telecom suspended its Chatline Service - Talkabout - in February 1988 following and publication o,~ the Director General's proposals to place restrictions on the service. Copies of the Director General's statement including the opinion survey results, are available from OFTEL (Tel: 01-822 1519). 3. The Director General published his proposals for a licence amendment to implement controls on Chatline Services on 12 May 1988. Nearly 40 responses were received, 4. The Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS) was established in September 1986, under the Chairmanship of Louis Blom-Cooper QC. The Committee publishes the Code of Practice for Message Services.
40
case laws and represents the solid base for a concrete knowledge of legislative regulations ~ In his message the Director of the Electronic Computer Centre, President Vittorio Novelli, talked about the vital character of computer science which enriched all those involved in the subject. Whether it was because of the constant updating of knowledge and notions, the youthful environment, or reference to the near future, 'what is certain is that the computer science family is a cheerful one~ The Congress Director, Dr Massimo Genghini, mentioned the dense economic and legal relations of modern states that are technologically advanced. The law needed to operate supremely, particularly in moments when national and human behaviour aroused doubts, when solidarity and a sense of responsibility among mankind was in doubt, it was up to the legal experts to meet these expectations by developing a 'logiciel' that was suitable for taking the maximum benefits from technical progress and was no more hectic or disruptive "than those old mental systems and obsolete bureaucratic structures~ He saw the way ahead as being by its very nature, a transnational one and this required widespread distribution of information. Correct, facilitated, widespread information provision was the only means of achieving international development, overcoming inequality and reasserting the essential values of democracy. With these and other initial words of greeting the congress got down to its work in the sessions. The following is a brief description of the subject matter of each. Session I This was concerned with the general duties of the state in the computer domain: to provide a primary and global reference picture of the basic concepts necessary to a secure relationship between the computer revolution and a just, orderly and civilised society. Issues included the right to automate information and create databases; problems of privacy, identification of users and cross border data flow.
SEPT - OCT
Session II considered the application of computer science to the study of Roman Law and other laws of ancient times. It also discussed the history of medieval and modern law including the impact of computers on canon law, philosophy of law and general theory underlying law. Session III The subject of the third session was that of law and civil proceedings. It divided into three areas - private law (problems of computer contracts and civil liability), labour law (the impact of new technologies on industrial relations and working conditions) and civil proceedings (computer documents and their probative value, etc.). Session IV examined the issues arising from the introduction of computers in criminal proceedings and in criminal court activities. Reports included the use of computers in major criminal proceedings, in the maintenance of criminal records and in the assault against organised crime. It also considered the status of expert systems in the decision making process in criminal proceedings. A number of other papers examined particular legal problems in the field of computer crime and in the establishment of databanks in the criminal sector. Session V The topic for Session V was the analysis of the impact of computers on business. A number of issues were considered including paperless trading, banking and insurance issues and the use of technology in the provision of corporate information as required by law. Session Vl A major theme of the sixth session was consideration of technology and the environment, particularly in the application of computer science techniques in environmental research. The growth of databanks providing information on legal and environmental issues was also featured, eg. in the areas of food, dangerous substances, hydrogeological restraints, rights of commons, atmospheric water and ground pollution. Session VII concerned itself with the development of computers and the consequential problems and benefits this has had in public administration. The theme was that legislation required immediate and full information in drafting to avoid gaps, repetition and omissions. This applied both at national and local level. Also important were the relations between
TIlE COMPUTER LAW AND SECURITY REPORT
individuals and authorities and the prospects of automation of administrative records in local offices. Session VIII 1focused on international and EEC law with papers ranging from substantive legal problems generated by information technology to consideration of the work of international agencies such as the Council of Europe, the European Court of Human Rights, the International Bureau for Informatics and others. Consideration also took place of international developments in the dissemination of information and co-ordination of databanks in Europe and international issues in arbitration and dispute settlement. Session IX was somewhat loosely described as concerned with "the legal system and computers~ According to the programme the session would examine the "organisational aspects within justice administration" eg. the procedures of the justice authorities and their use of statistics for measuring the effectiveness of the system as a whole. Also considered were developments in the automated provision of documentation within the professions, law libraries and local court offices. Session X No formal attempt was made to distinguish this session from the rest, the comment being that reports received under the theme "technical means providing access to information and the new publishing industry" covered a wide range and therefore selection was "not easy to foreseel However, a number of changes and initiatives developed during the past five years would be discussed in the areas of office automation, data transmission, personal computers, centralised databases and expert systems. How does one begin to assess the fruits of a congress of this magnitude? It is certainly impressive to witness a Soviet speaker followed by a Chinese delegate, a speaker from India and then a Supreme Court Judge from the Lebanon. At that level it is certainly possible to deepen one's knowledge of the state of development in those countries and the particular concerns and initiatives uppermost in those regions. Then there are the papers, of course; more than 500 altogether which the conference organisers had kindly bundled together in wallets - one for each session. Upon completion of a registration card at the document
41
3 CLSR
collection point every delegate was given a holdall in Alitalia 'green' containing about 401b of papers. Those not included at the time would be mailed later. Getting on for 20% of the material was written in English, the other papers being predominantly produced in Italian, French, German and Spanish. The papers ranged from factual accounts of development in particula'r fields and/or countries to more analytical reports raising issues for discussion. The majority could be classified in the former category. They would certainly provide a useful addition to any reference collection in the field of law and computers. But to get to the central question of the value of the Congress there are some criticisms to be made. One of the major difficulties that arose was the potential overlap between the special sessions and the inability of the delegates to find out exactly who was speaking and when. A further problem was the difficulty that the translators had understanding the language of the speakers. To make matters worse, the headphones frequently failed to transmit a clear sound. As a result delegates were unable to follow through particular themes despite the impeccable organisation in every other aspect. For example, a series of police buses were laid on to transfer delegates to and from their hotels and to the lavish social events in the evening which included a reception hosted by the Mayor of Rome, a Mozart concert, a special performance of Salome by the Italian Opera Company, not to mention two conference dinners. Delegates were whisked through the chaotic streets of Rome with a police escort that on one occasion nearly led to the arrest of a motorist who was not prepared to move out of the way of the convoy as quickly as the police would have liked. Clearly, one must be pleased to see the effort one Member State is prepared to go to to convene such an ambitious and extensive gathering. But with such great attention having been paid to ensuring the comfort and entertaining of the delegates and their guests, one can only wish that a little more thought had been given to the organisation of the sessions and to the communication of the programme to the delegates. With such a large event it was, of course, also very difficult to contact a speaker or a delegate, particularly
SEPT - 0C1"
individuals one had not met before. That is why a delegates list and a speakers list with their hotel location and their home address would have been extremely valuable. What a shame, therefore, that no lists whatsoever were forthcoming. It was not as if the list could not have been produced as the details of each delegate and speaker were stored electronically and used by conference personnel throughout the conference, especially when allocating tickets to the social events. Presumably the organisers regard the list as their proprietary information, but denial of III
IIIIIIIIIIII
TttE COMPUTER LAW AND SECURITY REPORT
access does seem to run in the face of the overall objective of such a meeting which is to put individuals in touch with one another and to enable a dialogue to develop long after the congress has completed its business. Perhaps some thought can be given to this problem prior to the next meeting in 1993. In conclusion then, this Congress was an impressive and prestigious success for the Italians but a Congress of contrasts: sound public relations, tremendous attention to detail in the planning and in the comfort of delegates, but some gaps when it came down to
3 CLSR
the actual delivery of the papers and of the substance of the debate. I suspect that many delegates will only begin to assess the intellectual quality of what took place when they get back home and commence the task of sifting through the papers and analysing their contents.
Stephen Saxby Footnote Iyour editor contributed to this session with a paper entitled: "Information Law and the
challenge of the new technologies'~
INFORMATION
OFTEL refers Chatlines and other Message Services to the Monopolies and Mergers Commission Professor Bryan Carsberg, Director General of Telecommunications, today announced that he has referred the problems relating to Chatline Services and some aspects of Message Services to the Monopolies and Mergers Commission (MMC). Although British Telecom (B0 suspended its "Talkabout" service in February, independent Chatline service providers have continued to operate, using lines rented from 131.Professor Carsberg had previously commenced proceedings to establish controls on Chatline Services by amending the licences of BT and other operators by agreement. However, BT subsequently informed Professor Carsberg that it would be unable to agree to the proposed amendment because of its legally binding commitments to independent service providers. He can therefore introduce the controls only if the MMC agrees that an amendment should be made to Bl"'s Licence. The proposed amendment would ensure that these services were provided only to customers who had actively requested their provision on exchange lines for which they were responsible for paying the bill and only where itemised billing could be provided. Professor Carsberg said: "'l am aware from B'r's decision about Talk,about that the imposition of these restrictions is likely to lead to a cessation of Chatline Services - at least until modem technology is more widely available. I believe that this is an acceptable outcome in terms of my duty to promote the interests of all users of telephone services. I am therefore asking the MMC whether or not it would support the imposition of these restrictions."
Professor Carsberg is also asking the
MMC to report on the desirability of imposing the same restrictions on "Oneon-One Chatline Service" - which involve a live conversation between two people but where the originator of the call is charged a premium price, part of which is passed on to the provider of the service. These services have been the subject of strong recent complaints to OFTEL. OFTEL has received a large number of complaints about Message Services, mainly concerning cost, content of the message, advertising of the service and the problem that the call is made without the bill payer's knowledge. As Message Services and their problems are closely related to Chatline Services, Professor Carsberg has included them in the reference and has asked the MMC to consider a number of possible measures including: • Separating the services into two categories - Information and Entertainment • Introducing 'contracting-in' arrangements for Entertainment Services • Requiring the provision of call-barring facilities as soon as feasible • Imposing an active monitoring requirement In his statement, Professor Carsberg outlines the work of the Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS) regarding complaints about advertising and content. Professor Carsberg said: "1 believe that it is highly desirable that ICSTIS should undertake the random monitoring of Recorded Message Services. I am assured that the necessary resources will be made available and I am grateful that the Committee has now indicated that it is
42
willing to take this task on/"
The issue of pricing Message Services has not been included in reference. Professor Carsberg announced that he was conducting a separate investigation into pricing and will publish his conclusions as soon as possible.
NOTE: 1. This is the first reference mady by Professor Carsberg under section 13(1) of the Telecommunications Act (1984) to the Monopolies and Mergers Commission. To make the licence amendment the Director General must obtain a finding from the MMC that the subject matter of the reference is operating against the public interest and that the detriment to the public interest can be remedied by a licence amendment. 2. British Telecom suspended its Chatline Service - Talkabout - in February 1988 following and publication o,~ the Director General's proposals to place restrictions on the service. Copies of the Director General's statement including the opinion survey results, are available from OFTEL (Tel: 01-822 1519). 3. The Director General published his proposals for a licence amendment to implement controls on Chatline Services on 12 May 1988. Nearly 40 responses were received, 4. The Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS) was established in September 1986, under the Chairmanship of Louis Blom-Cooper QC. The Committee publishes the Code of Practice for Message Services.