France

[FR] Report on the Legal Aspects of the Internet Inline-Linking on the Internet

IRIS 1998-9:1/1

Bertrand Delcros

Radio France

In France, there are any number of brainstormings, symposia and studies on the legal aspects of the Internet, but attention deserves to be drawn to a report compiled by the Conseil d'Etat in July 1998 ("Internet and the Digital Networks"). Its overall rapporteur, Mrs Isabelle Falque-Pierrotin, starts off by stating that, "contrary to certain affirmations, all existing legislation applies to Internet authors". Having thus set the scene, the report stresses the need to enhance the value of content by the protection of intellectual property, particularly by taking action against counterfeiting which should be restricted by using technical mechanisms for identifying works.

The main other recommendations, taking account of the fact that the Internet obviously constitutes a major change in methods of communication, relate to the protection of private data and personal privacy. The report also finds that discussion should be encouraged by greater trust among those involved, which implies the definition of a legal framework offering security for consumers and freedom from cryptological instruments. The inevitable convergence of computer technology, audiovisual techniques and telecommunications leads Mrs Falque-Pierrotin to recommend that regulations be adapted in keeping with the new distinction between the regulation of telecommunications networks and content and services networks, on the understanding that the basic distinction between audiovisual communication and private correspondence should be maintained.