A4-0366/98

Resolution on the communication from the Commission on Globalisation and the Information Society: The Need for Strengthened International Coordination (COM(98)0050 - C4-0153/98)

The European Parliament,

- having regard to the communication from the Commission (COM(98)0050 - C4-0153/98) and the initiative for an Internet Charter contained therein,

- having regard to the Communication to the Council 'International Policy Issues related to Internet Governance (COM(98)0111),

- having regard to the Communication from the European Commission to the European Parliament and the Council on 'Internet governance and the management of Internet names and addresses - Analysis and assessment from the European Commission of the United States Department of Commerce White Paper' (COM(98)0476),

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy and the opinions of the Committee on Culture, Youth, Education and the Media, the Committee on Legal Affairs and Citizens' Rights and the Committee on External Economic Relations (A4-0366/98),

A. given the extraordinary growth in the number of Internet users and in electronic commerce technologies and applications,

B. whereas the obstacles to the harmonious development of electronic commerce are now legal rather than technological, whereas these obstacles are essentially international in character, given the global nature of the information society, and whereas European undertakings and financial organisations need the soundest and broadest legal frame of reference possible in order to enhance their presence and competitiveness at international level,

C. whereas many legislative initiatives are being taken in the EU Member States, the United States and other parts of the word regarding the Internet and electronic commerce, creating the potential for different and conflicting laws, to the detriment of consumers, businesses and the development of the information society itself,

D. whereas the US Administration published in February 1998 a draft plan for the future organisation of the Internet - a 'Green Paper¨ on Internet governance - suggesting several basic decisions regarding how the Internet should be managed in the future with specific proposals for assigning and registering Internet Names,

E. whereas communications and interactive network technologies are still developing rapidly and whereas, therefore, the legislative approach adopted should preferably be not only timely but also flexible and sensitive, so as to avoid the danger of strangling at birth the development of the potential offered by new technologies,

F. noting the scale of Community action on the harmonisation and liberalisation of the telecommunications sector, which should continue at a rapid pace, and welcoming the Commission's Green Paper on the convergence of the telecommunications, media and information technology sectors, as well as the initiatives concerning the electronic marketplace including the proposal on conditional access services, the proposal for a directive on certain aspects of copyright and related rights in the information society, the proposal for a directive on digital signatures and the initiative for the management of names on the Internet,

1. Strongly supports the Commission proposal for an international initiative for the Internet and electronic commerce;

2. Underwrites the principles outlined in the Final Declaration of the Bonn Ministerial Conference (6-8 July 97) as a guide for governments' action in this area;

3. Recognises the importance of involving businesses and consumer associations in the process of examination and development of a solution to the legal problems, but stresses the fact that it is the public authorities, and especially the legislative bodies, which are responsible for democratic legitimacy and for safeguarding the public interest;

4. Makes the following recommendations to the Commission:

a) the initiative for the Internet could take the form of an 'Internet Charter', a document containing a set of internationally agreed, legally non-binding objectives and principles encouraging a simplified regulatory governance of Internet, consistent with inter alia security, safety and soundness, privacy, jurisdiction, liability, taxation, copyright and data-protection considerations, pursuing the greatest interoperability across borders;

b) the main purposes of the Internet initiative should be:

i) to help European enterprises and financial institutions to make the most of the opportunities of electronic commerce and banking in the world market,

ii) to ensure the interest of consumers,

iii) to prevent premature and conflicting regulation developing inside and outside the European internal market which would impede the development of electronic commerce or imperil the security of electronic banking and commerce;

c) the 'Internet Charter' should be a non-binding multilateral document of understanding. It should remain open to further evolution in the light of technological progress and the resulting changes in Internet capabilities and usage;

d) the Charter should recognise the freedom of use of Internet and should, as far as possible, guarantee the open nature of the Internet;

e) the Charter should not alter or bear prejudice to competition law;

f) the Charter should not subvert the European principles of 'public interest' generally accepted as acquis communautaire, which means gearing the use of the new technologies not only to sectors likely to generate viable markets, such as electronic commerce on the Internet, but also to networks of public interest in the areas of education, vocational training and health;

g) the Commission will seek international consensus on the Charter, working closely with the US partners at political and business level, but not only with the USA;

h) a market-driven approach should be adopted in the Charter definition process so that industry can fully contribute to identifying and removing barriers to electronic commerce;

i) following on the activities of the first general meeting organised by the Commission in Brussels on 29 June 1998, the definition work for the Charter should be organised and carried out at two levels: the business dialogue between the industry leaders should provide the knowledge and commitment for the removal of all technical barriers to electronic commerce; the leadership and support by the political institutions will define the objectives for the 'Internet Charter¨ and provide for its democratic legitimacy;

j) the Commission will allocate - wherever possible - responsibilities for issues on a case by case basis to existing international bodies, such as the WTO and the WIPO, rather than creating new international authorities outside them. It is recognised however that certain areas related to electronic commerce may require future specific agreements by reason of their technical characteristics and innovatory nature;

k) a particularly delicate subject is cross-border teleworking, for which it will be necessary, within the competent international forum, to develop suitable legal mechanisms in order to solve all the possible conflicts and to define which labour law should apply;

l) the Commission will respond to the US Administration proposals for Internet governance on the basis of the principles of international coordination endorsed by the Internet Society International Ad Hoc Committee and contribute to the reorganisation of the Internet Domain Name Service architecture and the international registry and dispute management bodies with the aim of ensuring open and fair access to the Internet, whilst safeguarding the respect for privacy, and avoiding a prejudicial US 'jurisdiction¨ over the Internet as a whole;

m) work on the Charter should not slow down or get in the way of the 're-regulation' and liberalisation process undertaken by the Commission in the telecommunications sector;

n) the Charter should hasten, but not replace, specific legislation in critical areas such as intellectual property rights, electronic signature, encryption, taxation, liability, the fight against crime on the Internet and names management on the network;

o) the Commission should involve the European Parliament in the activities of the Charter and should inform Parliament of the progress of the 'Global Business Dialogue'; Members of the European Parliament should be encouraged to contribute to the international forum debate in the framework of the external interparliamentary delegations;

5. Instructs its President to forward this resolution to the Commission and Council.