1. CRIA/IPEF Conference on Internet & Power
Landmines, War Crimes and Mouse Clicks: America, Europe and the Global Electronic Economy
Jeffrey Pryce
Steptoe & Johnson LLP
CRIA/IPEF Conference on Internet & Power
Cambridge University
11 May 2000

2. 1. Multilateral Political/Security Fora After Cold War
Distribution of Power
Cold War: East-West-South
Post CW: West (West) (South)
International Security & Humanitarian Issues
Multilateral action more possible
Politically more important.

3. Political Dynamic Humanitarian, NGO, Western-dominated
Initiatives by West, aimed at problems primarily in South.
Landmines
Intl Criminal Court
Small Arms

4. Landmines US approach Ottawa/Oslo approach:
Humanitarian demining, smart APLs
Protect Korea DMZ, mixed anti-tank munitions
Ottawa/Oslo approach:
Comprehensive, Global Ban
Definitions exempt Euro A/T munitions

5. International Criminal Court
Euro/NGO Approach
Sweeping theoretical jurisdiction
Symbol valuable, possibilities for abuse discounted
U.S.
Strong Objection to Jurisdictional anomalies
Assertions of Jurisdiction taken seriously

6. Small Arms German approach: U.S. approach
Comprehensive Definitional Scheme
Ban on military arms to non-State actors
U.S. approach
Analysis of specific problems, greatest harms
Focus on most promising concrete solutions
Reject blanket NSA ban on moral grounds

7. General Approaches to Global Humanitarian/Security Initiatives
European/NGO approach:
comprehensive;
norm-creating;
symbols valuable
U.S. Approach
focused on specific problems;
pragmatic;
realist

8. 2. Information Economy A. International Significance
B. Regulatory Approaches

9. A. Intensifying nature of interaction in borderless space.
International Transactions B2B B2C C2C

10. Electronic Content Issues
Privacy
Personal Information.
Piracy
Metallica MP3s.
Pornography.
Child Pornography.
Subversion, Hate Speech.
Mein Kampf
Blasphemy.
Satanic Verses.

11. International Issues – Jurisdiction
To Prescribe
To Adjudicate
To Enforce

12. B. Regulatory Initiatives
Digital Signatures
Data Privacy

13. Digital Signatures Possible Technical Solutions Approaches PKI Non-PKI
Continental
Prescriptive, Presumptions
Common-law
Technology-neutral, enabling

14. Data Privacy European approach: U.S. Approach:
Protection by government
Comprehensive, State-Centered
U.S. Approach:
Protection from government
Self-regulation
Privacy Policies, Enforceable as Deceptive Trade Practices
Sector-specific Legislation

15. EU Directive & Safe Harbor
Threat of Data Cutoff to U.S.
Menu of “Adequate” Protections
Regulated Industry
Industry self-Regulation
Self-Regulation (Privacy Policy)
Contractual Undertakings
Enforcement:
FTC, under Section 5 of FTCA
Commit to cooperate with panel of EU data protection authorities

16. Napster and MP3s DMCA Copyright Act Liability-based
Notice and takedown
Private enforcement of rights in courts.

17. Significance of Internet for International Power
Unlikely to reverse broad distribution of power
U.S., then Europe, most influential
Likely to increase power/well-being of West more in absolute terms
Most influential powers likely to drive the information economy toward open, decentralized, anti-Statist model.
Opportunities for all States; decrease in power of governments.
Increased efficiency, access to information

18. Lessons: West-West dynamic.
Consensus on basic values.
Difference in legal approaches.
Increasing need for harmonization between models.
Privacy Safe Harbor one approach.
Key issue: Implementation and Enforcement.
Flexibility for technological innovation.

19. Further Information