Enforcement Mechanisms IT 801 – Information Law and Policy Professor David E. Sorkin Adj. Professor Leslie Ann Reis November 5/2000

Human Stages First Stage –Natural life (no rules) Second Stage –“Civilization” Third Stage –Internet

First Stage Live and grow alone, if you need or want something… you build, create or just take it from some one else (weaker than you) ALL IS PERFECT!!!

First Stage BUT ALL CHANGE!!! Why? Because every one is doing the same and some are stronger than others (even you), and take advantage of that.

First Stage What to do?

First Stage Finish the conflict by my self, but, –Is that enough? Finish the conflict WITH the other Do nothing?

First Stage NO!

Fist Stage Let’s create something powerful than all of us and because of that it will be able to protect us.

Second Stage “Civilization” Something call NATION-STATE define by Merriam-Webster Collegiate Dictionary as: a form of political organization under which a relatively homogeneous people inhabits a sovereign state; especially : a state containing one as opposed to several nationalities

Second State “Civilization” Why the NATION-STATE control many things? –Because WE gave that right out FEAR of each others How the NATION-STATE do that? –“using” it’s elements like the tree branches So, it’s a favor? –NO! it’s his obligation, and must do anything to do that. (our goals)

Second State “Civilization” How will protect me against the others? –With rules that all of us must follow, if not, we will prosecute and punish What about the other countries? –Being more powerful and looking for international understanding and cooperation How will be able to do all that? –Taxes that I supposed to pay, that’s my daily contribution

Second Stage “Civilization” But, that “security” implies that I will be tracked? How will do that? What about my PRIVACY?

Second Stage “Civilization” Privacy Vs. Security “VERSUS”!!?? Is in that way? What is he looking? I had something to hide?

Second Stage “Civilization” He is with you, no against you.

Third Stage INTERNET, where the borders are? Who knows, what is he going to do? YOU KNOWS!!!

Third Stage MY SAFE Why? Because it’s his obligation How? Using ALL the tools available to him

Third Stage There is two Issues on internet to be protected for de NATION-STATE: - What the people does on internet (hack, crack etc) - What the people says on internet

Third Stage Can we fight against that issues? Of course we can, but we can’t, why? Because that why the NATION- STATE is. What happen if the NATION-STATE doesn’t work? In that case we can act?…

Third Stage Internet is more that Illinois, more that Southwest, more that U.S.A., more that North America, Nafta, even much more than a America as a continent.

Third Stage If the problem affect only Illinois, or U.S.A., even the Nafta group, there is no so much problem, because there is a few regulation to punish that’s actions, some of that regulation are: -Communications Decency Act (CDA) -Child Pornography Prevention Act (CPPA) -Child Online Protection Act (COPA) -Children’s Online Privacy Protection Act (COPPA) -Digital Millennium Copyright Act (DMCA) -Uniform Computer Information Transaction ACT (UCITA)* -Uniform Trade Secrets Act (UTSA)* *Proposed by National Conference of Commissioners on Uniform State Laws (NCCUSL)

Third Stage If the conflict is international there is a few regulations like: -Patent Cooperation Treaty (PCT) -Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) -Some models law from international organizations like the commission of the United Nations, also know as UNCITRAL

Third Stage The regulation is enough? No the regulation MUST contain some kind of an effective ENFORCEMENT MECHANISMS, and these mechanisms MUST be applied in ALL the cases why? Because the goal of the sanction is to punish and to show that to others.

Third Stage That’s “easy” in the real world, but how do that in Internet? When something happen on internet we need to do: 1. Stop the illegal action 2. Punish the one who did it.

Third Stage STOP THE ILLEGAL ACTION 1. How internet works 2. How the people can access to that information 3. How we can stop that? AND THEN???

Third Stage BACK TO REAL WORLD!!! Create a global legislation, and then all the countries use that legislations for his own legislations.

Third Stage COOPERATION IS THE CLUE!!!