[Index]
Cyberspace Regulatory Framework Development
UNECE Workshop
Conference room V, Palais des Nations, Geneva
13 February 2002, 9 a.m. – 6 p.m.
Geneva, 8 February 2002
The United Nations Economic Commission for Europe (UNECE)
is holding the first Workshop on E-Regulatory Framework Development at
the Palais des Nations in Geneva, Switzerland on 13 February 2002 in
conjunction with the 3rd session of the Working Party on Industry
and Enterprise Development, which will take place on 14-15 February in the
same venue.
The development of digital economy raises a host of new
legal issues driven by a number of factors: open networks, cross-border
transfer of data, anonymity, jurisdiction, choice of law, copyright, data
protection, privacy, digital signature, contract, liability, taxation,
geolocation, online dispute resolution, etc., to be summarized as
dematerialization, deterritorialization, detemporalization, depersonalisation,
and con(di)vergence of technology and law.
At the core of these issues are the following fundamental
questions: (a) what are the building blocks of cyberspace regulation; (b) how
to create an interface between technical neutrality and legal neutrality; and
(c) is cyberspace regulation "real or virtual" in terms of
cross-border enforcement and online dispute resolution. Cyberspace-related
e-regulatory framework development has emerged as one of the most pressing
issues over the last years. Although controversial, it is a widely accepted view
that due to the specificity of the Internet factors that go beyond the
conventional approach of the existing multilateral trading system, an
integrated, innovative and interactive approach is considered necessary to
cope with new reality.
Three broad approaches to cyberspace-related e-regulatory
framework have been identified to date: (a) status quo of existing laws
and its extension into cyberspace; (b) selective addendum of
cyberspace-related laws in supplement of existing legal framework; and (c) a
set of new legal framework specific to the context of cyberspace.
Most countries and international organizations that have
taken initiatives on e-regulatory framework development over the last years
have applied a hybrid of aforementioned approaches in a non-linear fashion.
The extent of policy mix in employing these approaches varies, but three
policy dimensions have prevailed and coexisted with functional and normative
overlap: national and regional regulations; international regulatory
forum; and self-regulation.
Against this backdrop, the UNECE initiative on E-Regulatory
Framework Development aims to take stock of the current issues on
cyberspace-related regulations focusing on rationale, approaches and polices
and discuss implications and future directions. This forum will help
governments, business community and consumers alike better understand how to
set a new direction for e-regulatory framework in maximizing the economic
benefits of using new technology and the accruing legal framework.
The discussions should not only raise awareness of the
current situation but also provide a vision of the potential implications and
upcoming challenge. Participants include key decision-makers and officials
from all over the region; representatives from key international
organizations; experts from business and academic communities who are engaged
in setting the pace for the future directions.
The workshop will be held on 13 February 2002 in
collaboration with the UNECE Team of Specialists on Internet Enterprise
Development and the Centre for Trade Facilitation and Electronic Business (CEFACT).
Speakers will include high-ranking officials from UNECE member States, key
players in the industry both at the global and regional level and the academic
community. Representatives from the European Commission, relevant
international organizations such as OECD, UNCITRAL, UNCTAD and other
international agencies are also invited. Registration will begin at 8.30 a.m.
on 13 February at conference room V, 1st floor, Door 6. The Workshop
will start at 9 a.m. on the same date.
Further details of this workshop on 13 February 2002 and a
follow-up conference on Online Dispute Resolution on 6-7 June 2002 at the
Palais des Nations can be obtained from the UNECE secretariat at:
Daewon Choi
UNECE Coordinating Unit for Operational Activities
Palais des Nations
CH – 1211 GENEVA 10
Tel: + 41(0)22 917 2474
Fax: + 41(0)22 917 0178
E-mail: [email protected]
Ref: ECE/OPA/02/02