The Legal Framework for the Information Society (LEFIS) and the Legal aspects of the Information Society Studies (LEGIS). Introduction Fernando Galindo Zaragoza University, Spain Legal Aspects of the Information Society Intensive Programme Isik University Sile, 3rd September 2007

Summary The module Competences Learning outcomes Reading list Web resources Workshop Project: History of LEFIS and LEGIS

Competences Sistematical comprehension of the legal aspects of the information society studies (LEGIS), and the abilities and research methods related with them: of analytical and empirical character Demonstration of the capacity to conceive, design, put in practice and adopt a substantive research project in relation with LEFIS or LEGIS attending to academic uses Demonstration of the capacity to communicate with another experts in LEFIS and LEGIS, with another experts in another areas and with the society

Learning outcomes The LEFIS and the LEGIS contents Social needs.- Globalization.- Multiculturalism.- Knowledge society.- The LEFIS and LEGIS contents Use of public key infrastructure (PKI) resources Concept of PKI.- The LEFIS PKI use.- Access to the LEFIS documentation Methodology Governance as methodology.- Communication and participation as methodology

The LEFIS context

From Europe

Partners institutions Europe America China India 255 persons 300 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 Jaca, Spain, 26th-27th July 2007, Lefis seminar on e government and digital inclusion and Segundo encuentro ibero latinoamericano sobre gobierno electrónico e inclusión digital 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, 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 Abdul Paliwala (ed.), History of Legal Informatics P. Kleve, R.V. De Mulder, C. Van Noortwijk (eds.), Monitoring, Supervision and Information Technology

R+D+I Projects in execution and evaluation 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: abilities 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)

Use of public key infrastructure (PKI) resources

Methodology: several cases 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 today 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 Study proposals of the research Breaking Barriers to eGovernment

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

Reading list GALINDO, F., The LEFIS Network, in TRAUNMÜLLER. R., (ed.), EGovernment 2004, 3rd International Conference on Electronic Government, DEXA 2004, Zaragoza, Berlin-Heidelberg-New York, Springer, 2004 GALINDO, F. (ed.) : Gobierno, Derecho y Tecnologías: las actividades de los poderes públicos. Madrid, Thomson Civitas, 2006 GALINDO, F.; LASALA, P.; CATALINAS, L. : Safe and trustworthy access in a working environment: the MoodlePKI project. Rotterdam, Erasmus Univertiy, 2007 Six Articles Exploring the Legal Environment of e- Government, in JILT 2005, Issue 2 & 3,

Web resources LEFIS digital library

Workshop To obtain the LEFIS PKI certificate of public key The use of the LEFIS PKI certificate to access to the LEFIS list and some parts of the LEFIS web accesible only by public key To know the different steps and protocols to obtain and use the LEFIS PKI infrastructure

Project History of LEFIS and LEGIS The elaboration from the date gathered by several interviews and the study of papers, books and presentations, of a history (in book format) on the activities and results of the LEFIS Network. The book will be published, at least, in the LEFIS web Outcomes.- 1. A template of questionnaire and interviews.- 2. A list of possible interviewees.- 3. A plan to made a book with selected authors coming from the LEGIS IP Competence.- Demonstration of the capacity to communicate with another experts in LEFIS and LEGIS, with another experts in another areas and with the society

Issues Interviews in questionnaire form (to fulfill by ) List of interviewees: LEFIS and LEGIS people but another people also Distribution of the interviews to realize Summary of the answers Organization of the book: responsible of every chapter Plan to propose an initial draft the 30th September 2007

Outline for the report Precedents of LEFIS The begins and the stay of the art The core research The teaching Policy proposals Next steps