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The times they are A-changing
Editorial
EDITORIAL THE TIMES THEY ARE A-CHANGING Stephen
Saxby
I take this opportunity at the start of the thirteenth volume of CLSR to wish all our readers a happy new year. Since 1985 the journal has been at the forefront in analysing and reporting on developments in information technology law the longest running journal in its field published in the UK and now read in more than 40 countries. I am pleased to record that, in this first issueof the year, the publishers have introduced a few design improvements to the layout. A new cover is also planned. There will be no change, however, in the primary objective of the journal which is to deliver highquality informed material to an international readership. Turning to other matters, the dominant legal issue of the moment is the future regulation of the digital network. As the computer industry fights for a market share of the new environment and userspush up growth rates to new heights, the authorities are considering what needs to be done to enable this medium to grow without anarchy. Two events indicate the kinds of problems that exist. The first is the effort now underway in Geneva to update the Berne convention on copyright and to put this international agreement on the right footing for the future. The Berne convention has been in existence for more than a century and today is as close as it has ever been to achieving global regulation of copyright law. The Geneva Diplomatic Conference of more than 100 governments is meeting now to extend the rules to digital networks, like the Internet, through three new treaties dealing with literary and artistic works, databasesand the rights of performers and producers of phonograms. The challenge for the participants will be to seeif the right balance can be struck between the competing interests involved. Creators of works have been surprised by the speed with which the Internet has expanded. Fearful of the risks this posesthey have been keen to extend controls over the electronic distribution of works asmuch aspossible. Users, however, do not want unfair or unnecessary restrictions imposed that would extend copyright controls unfairly or increase costs of obtaining information that previously
2
Computer Law & Security Report 8 1997, Elsevier Science Ltd.
Vol. 13 no. 1 1997
was not expensive to access.The prize for getting it right will be a boost to the world economy as information providers become more confident that the digital network can be a profitable and safe environment in which to operate. The challenge lies in utilizing the technology that created scope for an information superhighway to enforce the rules of the road. The second event that took place recently that indicates how the authorities plan to move forward is the publication by the European Commission (EC) of proposals to curb illegal and harmful content on the Internet together with a Green Paper on the protection of minors and human dignity in audiovisual and information services. The first proposes greater cooperation between Member Statesin the exchange of information on those providing criminal content on the Internet, clarification on the liability of accessproviders and host service providers and encouragement of self-regulation. Community action to support use of filtering software and rating systems is also canvassed.The Green Paper takes a broader look at these problems considering how to balance freedom of speech and public interest issueswith policies “designed to foster the emergence of new services and the need to ensure that the opportunities they create are not abusedby the few at the expense of the many”. It proposesa range of possible measuresinvolving cooperation between administrative authorities, the relevant industries and users, who must be informed and aware. These are major issues that strike at the heart of the information society. The hope is that change will be measured and not hasty. The opportunity to amend Beme does not come round as frequently as the Olympics. It must therefore be managedwith care. Establishingthe rights and wrongs of Internet usagein terms of content and availability is alsofulI of dangers.Tackling the problem at hand must not be overtaken by other equally harmful consequencesarising from over-censorship or denial of access to legitimate information.
EDITORIAL THE TIMES THEY ARE A-CHANGING Stephen
Saxby
I take this opportunity at the start of the thirteenth volume of CLSR to wish all our readers a happy new year. Since 1985 the journal has been at the forefront in analysing and reporting on developments in information technology law the longest running journal in its field published in the UK and now read in more than 40 countries. I am pleased to record that, in this first issueof the year, the publishers have introduced a few design improvements to the layout. A new cover is also planned. There will be no change, however, in the primary objective of the journal which is to deliver highquality informed material to an international readership. Turning to other matters, the dominant legal issue of the moment is the future regulation of the digital network. As the computer industry fights for a market share of the new environment and userspush up growth rates to new heights, the authorities are considering what needs to be done to enable this medium to grow without anarchy. Two events indicate the kinds of problems that exist. The first is the effort now underway in Geneva to update the Berne convention on copyright and to put this international agreement on the right footing for the future. The Berne convention has been in existence for more than a century and today is as close as it has ever been to achieving global regulation of copyright law. The Geneva Diplomatic Conference of more than 100 governments is meeting now to extend the rules to digital networks, like the Internet, through three new treaties dealing with literary and artistic works, databasesand the rights of performers and producers of phonograms. The challenge for the participants will be to seeif the right balance can be struck between the competing interests involved. Creators of works have been surprised by the speed with which the Internet has expanded. Fearful of the risks this posesthey have been keen to extend controls over the electronic distribution of works asmuch aspossible. Users, however, do not want unfair or unnecessary restrictions imposed that would extend copyright controls unfairly or increase costs of obtaining information that previously
2
Computer Law & Security Report 8 1997, Elsevier Science Ltd.
Vol. 13 no. 1 1997
was not expensive to access.The prize for getting it right will be a boost to the world economy as information providers become more confident that the digital network can be a profitable and safe environment in which to operate. The challenge lies in utilizing the technology that created scope for an information superhighway to enforce the rules of the road. The second event that took place recently that indicates how the authorities plan to move forward is the publication by the European Commission (EC) of proposals to curb illegal and harmful content on the Internet together with a Green Paper on the protection of minors and human dignity in audiovisual and information services. The first proposes greater cooperation between Member Statesin the exchange of information on those providing criminal content on the Internet, clarification on the liability of accessproviders and host service providers and encouragement of self-regulation. Community action to support use of filtering software and rating systems is also canvassed.The Green Paper takes a broader look at these problems considering how to balance freedom of speech and public interest issueswith policies “designed to foster the emergence of new services and the need to ensure that the opportunities they create are not abusedby the few at the expense of the many”. It proposesa range of possible measuresinvolving cooperation between administrative authorities, the relevant industries and users, who must be informed and aware. These are major issues that strike at the heart of the information society. The hope is that change will be measured and not hasty. The opportunity to amend Beme does not come round as frequently as the Olympics. It must therefore be managedwith care. Establishingthe rights and wrongs of Internet usagein terms of content and availability is alsofulI of dangers.Tackling the problem at hand must not be overtaken by other equally harmful consequencesarising from over-censorship or denial of access to legitimate information.