1. Legal Context Saskia Mermans  Ispa and the legislation  Legal Framework for the Internet: general observation  E-mail: Highlights of the legislation in Europe and Belgium  Conclusion

2. Co-regulation

3. Ispa and the legislation

4. Legal framework for the internet: general observation  Past: the option was taken towards more and specific Internet regulation. BUT the big hype in particular as to e-commerce didn't come through.  Present: the option is taken towards adapting the "old" law to the new technology: i.e. copyright directive; e-commerce directive IN GENERAL: OFF LINE = ON LINE  Future: the law is driven by market dynamics and globalization but “nothing is permanent, but change”.

5. E-mail: Highlights of the legislation in Europe and Belgium  Privacy & cybercrime  E-commerce & E-confidence  Copyright

6. E-mail: Highlights of the legislation in Europe and Belgium PRIVACY & CYBERCRIME * Privacy in general: - Europe: - Data Protection Directive 97/66: “Safe Harbour Principles” - Proposal for Directive on privacy in electronic communication COM 12/07/2000: mixed opt-in/opt-out - Belgium: - Law 21/03/1991 Telecommunications Act - Law Privacy 08/12/1992 and 11/12/1998; R.D. 13/02/2001 - Proposal of Law of Senator Destexhe: E-mail at the workplace - Law 14.07.1991 Trade Practices Act

7. Privacy in general: - Europe: - Data Protection Directive 97/66: “Safe Harbour Principles” - Proposal for Directive on privacy in electronic communication COM 12/07/2000: mixed opt-in/opt-out - Belgium: - Law 21/03/1991 Telecommunications Act - Law Privacy 08/12/1992 and 11/12/1998; R.D. 13/02/2001 - Proposal of Law of Senator Destexhe: E-mail at the workplace - Law 14.07.1991 Trade Practices Act * Key issues: Commercial e-mails: Opt-in/opt-out => complete harmonisation throughout Europe is necessary => avoid competitive disadvantage for Belgium economy E-mail: Highlights of the legislation in Europe and Belgium

8. CYBERCRIME: - Belgium: - Law 28/11/2000 Computer related crime - Interception: Law 30/06/1994; Draft Royal Decree - Co-regulation: ISPA Cooperation Protocol 28/05/1999 * Key issues: - Retention of data: a clear legal framework is necessary as to “what” needs to stored and for how long - Internet & interception: technical solution is needed - Legal security for the operation - Cross-border implications E-mail: Highlights of the legislation in Europe and Belgium

9. COPYRIGHT - Europe: - Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society, “Copyright Directive” - Belgium: - Law 30/06/1994 Copyright - Proposal of Law of Senator Monfils to transpore the Copyright Directive * Key Issues - ISPs need to have the right to “technical copying” (i.e. caching) => There will be no Internet anymore E-mail: Highlights of the legislation in Europe and Belgium

10. E-COMMERCE & E-CONFIDENCE - Europe: - Directive 08/06/2000 E-commerce Directive * Liability of the ISPs: - Exemption of liability in case of “carrier” role (“mere conduit”) - Limitation of liability in case of “hosting” role * Applicable law: country of origin - Directive 1999/93/EC Digital Signature - Belgium: - Law 14/07/1991 Trade Practices Act - Project of Law 30/11/2001 to transpose the E-commerce Directive E-mail: Highlights of the legislation in Europe and Belgium

11. Legal context: conclusion Internet in general, e-mail in particular = a "medium" => can be included in general laws A global approach is necessary -> world-wide approach Legislative process: involve the direct responsibles. => “don't shoot the messenger” Balanced solution including a co-regulation approach where possible and necessary.

12. Questions?