CRIA/IPEF Conference on Internet & Power Landmines, War Crimes and Mouse Clicks: America, Europe and the Global Electronic Economy Jeffrey Pryce Steptoe & Johnson LLP CRIA/IPEF Conference on Internet & Power Cambridge University 11 May 2000

1. Multilateral Political/Security Fora After Cold War Distribution of Power Cold War: East-West-South Post CW: West (West) (South) International Security & Humanitarian Issues Multilateral action more possible Politically more important.

Political Dynamic Humanitarian, NGO, Western-dominated Initiatives by West, aimed at problems primarily in South. Landmines Intl Criminal Court Small Arms

Landmines US approach Ottawa/Oslo approach: Humanitarian demining, smart APLs Protect Korea DMZ, mixed anti-tank munitions Ottawa/Oslo approach: Comprehensive, Global Ban Definitions exempt Euro A/T munitions

International Criminal Court Euro/NGO Approach Sweeping theoretical jurisdiction Symbol valuable, possibilities for abuse discounted U.S. Strong Objection to Jurisdictional anomalies Assertions of Jurisdiction taken seriously

Small Arms German approach: U.S. approach Comprehensive Definitional Scheme Ban on military arms to non-State actors U.S. approach Analysis of specific problems, greatest harms Focus on most promising concrete solutions Reject blanket NSA ban on moral grounds

General Approaches to Global Humanitarian/Security Initiatives European/NGO approach: comprehensive; norm-creating; symbols valuable U.S. Approach focused on specific problems; pragmatic; realist

2. Information Economy A. International Significance B. Regulatory Approaches

A. Intensifying nature of interaction in borderless space. International Transactions B2B B2C C2C

Electronic Content Issues Privacy Personal Information. Piracy Metallica MP3s. Pornography. Child Pornography. Subversion, Hate Speech. Mein Kampf Blasphemy. Satanic Verses.

International Issues – Jurisdiction To Prescribe To Adjudicate To Enforce

B. Regulatory Initiatives Digital Signatures Data Privacy

Digital Signatures Possible Technical Solutions Approaches PKI Non-PKI Continental Prescriptive, Presumptions Common-law Technology-neutral, enabling

Data Privacy European approach: U.S. Approach: Protection by government Comprehensive, State-Centered U.S. Approach: Protection from government Self-regulation Privacy Policies, Enforceable as Deceptive Trade Practices Sector-specific Legislation

EU Directive & Safe Harbor Threat of Data Cutoff to U.S. Menu of “Adequate” Protections Regulated Industry Industry self-Regulation Self-Regulation (Privacy Policy) Contractual Undertakings Enforcement: FTC, under Section 5 of FTCA Commit to cooperate with panel of EU data protection authorities

Napster and MP3s DMCA Copyright Act Liability-based Notice and takedown Private enforcement of rights in courts.

Significance of Internet for International Power Unlikely to reverse broad distribution of power U.S., then Europe, most influential Likely to increase power/well-being of West more in absolute terms Most influential powers likely to drive the information economy toward open, decentralized, anti-Statist model. Opportunities for all States; decrease in power of governments. Increased efficiency, access to information

Lessons: West-West dynamic. Consensus on basic values. Difference in legal approaches. Increasing need for harmonization between models. Privacy Safe Harbor one approach. Key issue: Implementation and Enforcement. Flexibility for technological innovation.

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