1. University of Zaragoza
Laws and Codes for the Internet: a Continental European Legal Perspective
Fernando Galindo
Faculty of Law
University of Zaragoza
Belfast,

2. Summary
My context
Lessig’s proposals
LEFIS by Lessig
Conclusion

3. My context: ideas (I) Law studies Engineering studies
Philosophy of Law.- Phenomenology of Law. Ontological and axiological (value) questions. Juridical activities
Law and Computers.- Introduction to the regulation of ICT (Information and Communication Technologies) for beginners
Engineering studies
Ethic and Law for Engineering.- Engineering activities: ontological and axiological (value) questions

4. My context: ideas (II) Postgraduate courses Permanent formation
Several initiatives.- 1) Masters courses for graduates.- 2) Doctoral programme (E Government and Commerce)
Permanent formation
New proposals.- Specialized courses for professionals
LEFIS Network
Organizational and property questions.- A Network to promote activities referred to Ethics and Law in ICT area by the joint creation of organizations, teaching products and computer artefacts

5. My context: infrastructural condition (I)
Spain: more of one third of the population uses Internet: 14 millions of persons (34,5%).- Fast all population uses phone communications
European Union: 197 millions of persons use Internet: about 43,5 %.- 80% uses mobile phone
Central and South America: scarce use of Internet and phone communications.- The digital breach
USA: 67,6 % of the population uses Internet: 199 millions of persons

6. My context: infrastructural condition (II)
Anyway the personal (juridical and technical) that work in the services and productive Industries and in the Public Administrations, use Internet and phone communications in all countries (this is also in Cuba where only 1% of the population uses Internet)
The Spanish Judicial Power has developed a system to interconnect Judicial offices and to use information of Administrative Data Bases, for example

7. My context: juridical “infrastructure”
Constitutional regulation
Personal Data Protection legislation
Electronic Signature legislation
Intellectual property legislation
Services of the Information Society legislation
Penal Code legislation
Civil Procedure legislation
Public Registers legislation
Laws adopted and put in practice by democratic procedures

8. Lessig’s proposals (I)
Code and Other Laws of Cyberspace, The Need of (old and new) Laws for the Code
The Future of Ideas. The Fate of the Commons in a Connected World, The Corporations as Gatekeepers of the Net
Free Culture. How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, 2004/06/13

9. Lessig’s proposals (II)
Documented History of the Technological Development of the ICT, guided by the defence of an hypothetical pioneer common spirit of the founders of Internet against the USA government
The USA government is guided, as Lessig says, by “Powerful lobbies, complex issues and MTV attention” (Free Culture, page 132, pdf version)
Adequate reference’ source for the historical and axiological part of my teaching, not for the professional activities of Lawyers (Judges, Civil Servants…) or Engineers

10. LEFIS by Lessig (I)
LEFIS as Network thanks to the technological development of ICTs
An example of the possibilities of the “common”
LEFIS ist developing: Books, Teaching modules, Extranet, Intranet, Workflow infrastructure, Chat (Gujchat), Foros (Net2u), Public Key Infrastructures (Safelayer, Ancert, CA), Teaching modules (Gnu e-Learning Systems), AI techniques (mobile agents, semantics web, expert systems…) and another Products... using public protocols and open source software specially

11. LEFIS by Lessig (II)
LEFIS is supported by a knowledge community (persons), different industries, non profit associations and European public institutions
LEFIS will be a non-profit association
But the LEFIS partners will can obtain profits at the same time that the LEFIS objectives are fulfilled
This is that LEFIS must be guided by concrete rules (Laws and Codes) and not only by the pioneer’ spirit

12. Conclusion Law and Code, but more Law as Code
Limited interest of the proposals of Lessig for my teaching: only in the axiological part
Another thing is the creation of artefacts: as LEFIS member, I have interest as author of some things using TIC. The proposals of Lessig are important for me. But...
The consideration of Public and Private Law is more significant for LEFIS as the pioneer’ spirit of the founders of Internet, this is an American (USA) history