Obstacles to the introduction of the e Government Fernando Galindo Zaragoza University, Spain LEFIS SEMINAR ON E GOVERNMENT AND DIGITAL INCLUSION & SEGUNDO ENCUENTRO IBERO LATINOAMERICANO SOBRE GOBIERNO ELECTRÓNICO E INCLUSIÓN DIGITAL Jaca, 26th and 27th July 2007

Summary I. Activities directed to solve the obstacles to the introduction of e Government and to promote the digital inclusion, by LEFIS II. Another initiatives, in comparison III. Objectives of the Jaca Meeting IV. Proposals to debate

I. LEFIS SEMINAR ON E GOVERNMENT AND DIGITAL INCLUSION

Programme

The LEFIS context

From Europe

Partners institutions Europe America China India 255 persons 260 persons in the distribution list

Last Meetings Albarracín, Spain, 18th and 19th May 2007, the LEFIS virtual campus desing Beijing, China, 12th June 2007, Electronic signature: several experiences Beja, Portugal, 2th May 2007, Encontro Luso-Brasileiro sobre "Prote(c)ção do Consumidor no Comércio Ele(c)trónico" Istambul,Turkey, 2nd and 3rd February 2007, Information and Communication Technologies: Teaching of e-government Reykjavik, Iceland, 13th -14th July, Legal informatics and egovernance as tools for the knowledge Society Rovaniemi, Finnland,19th and 20th January 2007,The LEFIS Teaching in the Faculties of Law Santa Catarina, Brasil, 27th -28th June, Primeiro Encontro ibero latino americano de governo electronico e inclusao digital Vilnius, Lithuania, 13th and 14th April 2007, The Teaching of Management, e-business and e-comerce

Next Meetings Istambul, Turkey, 3rd-14th September, LEGIS Intensive Programme on Legal Aspects of Information Society Santa Catarina, October-November 2007, Third joint Meeting on E Government and digital inclusion Wroklaw, Poland, 17th-18th September, LEFIS General Assembly

Books in preparation: the LEFIS Series Ahti Saarenpää (ed.), Privacy Pilar Lasala (ed.), The on line teaching in the Faculties of Law Erich Schweighofer (ed.), E-governance in the information sector Javier García (ed.), The juridical responsiblity of documentalists in the knowledge society (in Spanish) Aires Rover (ed.), Electronic Government and digital inclusion (Spanish-Portuguese version) Cesare Maioli (ed.), Electronic Government and digital inclusion (English version) Philip Leith (ed.), Documents and Law

R+D+I Projects in execution and evaluation Data protection and electronic signatures: a prototype, a practice code and a theory EGOBS: Observatory of electronic government GERSOCO: Governance and regulation estrategies for the knowledge society Law & Ict shared virtual campus Lawful interception in IP networks, Guidelines for potential policy Amendments.- LIGA Lefis-wide: making known the LEFIS network PRIME: Privacy and Identification Management

LEFIS activities Concrete activities directed to solve the obstacles to the introduction of e Government and to promote the digital inclusion... Meetings Books Teaching Activities of Interdisciplinar and international character Activities made jointly by teachers and researchers (different specialities), civil servants, firms, public institutions and citizens

Examples of LEFIS activities LEGIS Intensive Programme on Legal Aspects of the Information Society: interdisciplinary programme, Turkey (3rd-14th September 2007) LEFIS International Observatory on electronic government : LEFIS: Legal Framework for the Information Society Learning activities Electronic Administration as model for learning Democratic use of the electronic signature (PKI: lefis.unizar.es), Study of learning contents attending to opinions of teachers, students and the learning context: habilities and competences

LEGIS content Data protection and privacy Intellectual property rights (IPR) Copyright and patents e-Commerce Telecommunications law e-Democracy and e- Inclusion e-Government and e- Governance e-Administration Security Electronic signature Ontologies XML Web 2.0 and community computing Open source Ethics and legislation for engineering Globalization and technologies

Learning Ellaboration of the LEFIS blended offer Concrete subjects as example: Governo Eletrônico e inclusão digital (Santa Catarina) Derecho y Nuevas Tecnologías. Administración Electrónica y Gobierno Digital (La Plata) Administración electrónica (Zaragoza and on line, Grupo G9) Master and graduate courses

Practical character Learning from professional competences Use of public key certificates: lefis.unizar.es/pki From the study on contents, made by teachers and students attending to standards research procedures

Santa Catarina Objetivo geral: Capacitar os alunos para a compreensão tecnológica dos fenômenos governamentais em caráter interdisciplinar. Objetivos específicos: Capacitar os alunos para os seguintes aspectos: 1. Pesquisar e publicar trabalhos internacionais; 2. Desenvolver conceitos técnicos e científicos; 3. Discutir soluções tecnológicas com aplicação prática; 4. Atuar como multiplicador; 5. Entendimento das atividades governamentais no contexto digital.

Summary of results: Administración electrónica (ECTS)

Summary of results: Administración electrónica (Acquired Competences)

Summary of results: Administración electrónica (time to acquire Knowledge)

Summary of results: Administración electrónica (Acquired Knowledge)

II. Another initiatives, in comparison Legal Informatics Governance as approach, some time ago Social and legal obstacles for the implementation of the Electronic Government: the risks Participation as alternative/complementary approach Communicative theories best as conceptual/analitical theories. The importance is in the promotion of the participation and, also, the use of the social sciences tools

Legal Informatics Objective: to build and to study (from 1970) an own academic knowledge area like Civil Law, Penal Law, Systems organizations... To study the juridical information systems and/or the Law on the Information and Communication Technologies It does not obtain good results coming from the juridical and computer science knowledge areas: Another knowledge disciplines were early interested in the studies area Another reason: The sweet decadence of the XIX century founded knowledge areas as only conceptual paradigms as the person, the juridical texts, the procedure The more convinient and interesting is the participative and interdisciplinary study of social, real, problems: Personal data protection, security of the telecommunications, legal information systems, E- Commerce, E- Government, LEFIS, for example... The teaching and research are organized more from concrete needs as from general conceptual categories

Electronic Government as example The exercice of the public power with the help of the Information and Communication Technologies (ICT) Legislative, executive and judicial powers According with the democratic principles, charactersitics of the State of Law, specially: participation and powers division It is the same as to say that E Government is the citizens’s participation in the exercice of the public power with the help of the ICT The study requires political, juridical and interdisciplinary approaches. This is also to study the obstacles

But Governance as approach, some time ago Art of government that has as objective the obtention of an economical, social and institutional development of durable character, promoting a sane equilibrium between the State, the civil society and the market of the Economy (Spanish Dictionary) Put in practice of the principle of openness, participation, responsibility, efficienz and coherenz “the legislative road constitues frequently a part of a more broad soluction” COM 2001 (European Commissión on Governance) Promotion of Governance is the objective of the research Breaking Barriers to eGovernment organized by request of the European Union, General Directorate of Information Society and Multimedia ( )

Obstacles Inventory Leadership failures Financial inhibitors Digital divides & choices Poor coordination Workplace and organizational inflexibility Lack of trust Poor technical design

The risks: causes of the obstacles are in the Legal Foundations Administrative law Authentication and Identification Intellectual Property Rights Liability Privacy and data protection Public administration transparency Re-use of Public Sector Information The Relationships between Public Administrations, Citizens, and other ICT actors

Participation as alternative/ complementary approach Exercice of the principles of the State of Law Democracy and participation Powers division Interdisciplinary study of the Law Attending to the citizens opinions and theoretical proposals

Possible theories to use: 1 ALEXY (from 1990): the Law is a normative system 1) called to the justice, 2) integrated by all norms que are part of a real constitution... and 3) by the principles and normative arguments that foundament and ought foundament the procedure of juridical application to satisfy the justice requirements Problems.- Too near to the Governance, analytical arguments, conceptual approach, normative approach specially

Communicative theories: 2 COMMUNICATIVE CONCEPT OF LAW (from 1993): just activity of jurists with relation to juridical texts HABERMAS (2005): an activity is only “rationaly acceptable” if the activity is put in practice by the impartial proposal of a discursive procedure of formation of opinion and will, and TAKIKAWA (2005): 1) it exists a general obligation to solve the problems, 2) the useful form to fulfill the general obligation is to give an especial obligation to a concrete agent, 3) we have the especial obligation to solve the problem, 4) we must associate us with others to solve several problems, 5) the optime solutions to the problems, this is: the logic, the size, the frontiers of these associations will vary according to the natur of the problems, and 6) the frontiers of the associations are complex and with multiple levels

III. Objectives of the Jaca Meeting Another LEFIS activity, focused on E Government and digital inclusion, this is the diagnostic on which are the more significative problems on digital inclusion in relation with E Government the obstacles and policies to overcome the inclusion problems from concrete examples: several European countries and another countries It has special interest the comparison with Brasil on those topics like an exemplar case first Meeting in Brasil, one month ago (27-28th June) stays of research in Europa begin more joint meetings are foreseen this is the second Meeting

The Brasil case The experience of the first Meeting in Santa Catarina Methodological aproaches: comparison Technical and legal approaches: comparison Several students coming from Master in Knowledge Engineering and e Government (a joint subject) participated actively in the Meeting Possible joint research and development in interfaces and knowledge bases retrieval and e signatures (PKIs) was explored But where the digital inclusion problems and the initiatives to solve them are? We have seen the cultural differences in the streets and in the roads in Brasil, but not in the discussions. These were very interesting from a methodological perspective, but initial only on digital inclusion These will be the objective of the brasilean proposals in Jaca

Contents from the 1st Meeting: the brasilean position Digital inclusion: needs in Brasil of technological and telecommunications infrastructure Policies for the E Government (1999) and telecommunications in the Third World Realizations today: a guide Legal aspects: 20.III.2007 changes in the civil procedure are put in force Comparison between judicial systems (from Uruguay) Juridical problems: software property, contracts, penal law, marks and industrial law, internet service providers, consumer law, tax law and internet

Contents from the 1st Meeting: the spanish position Obstacles to the introduction of the E Government, coming from a technological centred perspective Difficulties to the introduction of technological devices in the Administrative practice The reglaments must be adapted attending to laws, needs and citizens participation Experiences in E Government: The protection of the bibliographical patrimony: responsabilities of the civil servants Advances in Electronic National Identity Card

IV. Proposals to debate Only conceptual solutions are not more enough support? The study from Governance brings reductions to the participative and democratic principles and approaches? The solution is discussion and participation: the principles of the State of Law attending to the fact of the E Government and its social consequences? LEFIS like example of participative/communicative theories and practical approachs? The solution is to speak in this meeting on e Government and digital inclusion from a comparative and interdisciplinar perspective? How to made two books? Electronic Government and digital inclusion I (Aires, ed.) and II (Maioli, ed.) The LEFIS Studies?