Opinion of the Economic and Social Committee on the "Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions — Creating a Safer Information Society by Improving the Security of Information Infrastructures and Combating Computer-related Crime"
Date: 2001-09-12
Institutions: European Economic and Social Committee
Subjects: Internet, computer crime, data protection, dissemination of information

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Official Journal of the European Communities

7.11.2001

Opinion of the Economic and Social Committee on the ‘Communication from the Commission
to the Council, the European Parliament, the Economic and Social Committee and the Committee
of the Regions — Creating a Safer Information Society by Improving the Security of Information
Infrastructures and Combating Computer-related Crime’

(2001/C 311/04)

On 31 January 2001, the Commission decided to consult the Economic and Social Committee, under
Article 262 of the Treaty establishing the European Community, on the above-mentioned communication.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 17 July 2001. The rapporteur
was Mr Dantin.

At its 384th plenary session of 12 and 13 September 2001 (meeting of 12 September 2001), the
Economic and Social Committee adopted the following opinion unanimously.

1.

Introduction

2. The communication

1.1.
The development of the information society is causing
profound changes which affect a number of activities: work,
education, leisure, industry, trade, etc.

1.2.
The Commission launched the eEurope initiative in
1999 to enable the EU to reap the benefits of the new
technologies and ensure that these would be socially inclusive.
In June 2000, the Feira European Council adopted a compre-
hensive eEurope Action Plan and called for its implementation
before the end of 2002 (1). The Action Plan highlights the
importance of network safety and the fight against cybercrime.

This decision follows a number of measures already
1.3.
adopted to fight harmful and illegal content on the Internet,
protect intellectual property and personal data and promote
electronic commerce, among other things.

1.4.
This Communication is part of an ongoing reflection
process. In 1998 the Commission presented the Council with
the results of a study on computer-related crime (the so-called
‘COMCRIME’ study). In October 1999, the Tampere European
Council concluded that high-tech crime should be included in
the efforts generally to agree on common definitions and
sanctions.

The Commission Communication discusses the need

1.5.
for and possible forms of a comprehensive policy initiative.

(1) ESC opinion on ‘eEurope 2002 — An Information Society For All
— Draft Action Plan’ — COM(2000) 330 final; OJ C 123,
25.4.2001.

2.1.
After analysing the opportunities and risks inherent in
the information society, the communication lists the national
and international solutions adopted in order to fight computer-
related crime. In doing this, it stresses that the main issues
addressed basically involve ‘privacy offences’, ‘content-related
offences’,
‘economic crimes and unauthorised access’ and
‘intellectual property offences’, which can be defined as follows:

— Privacy offences: Such offences violate basic privacy
rights through the illegal collection, storage, modification,
disclosure or dissemination of personal data.

— Content-related offences: These involve the dissemi-
nation, especially via the Internet, of pornography, in
particular child pornography, racist statements, revision-
ist statements concerning nazism and information incit-
ing violence.

— Economic crimes, unauthorised access and sabotage:
These are related to unauthorised access to computer
systems (e.g. hacking, computer sabotage and distribution
of viruses, computer espionage, computer forgery and
computer fraud) and new forms of committing offences
(e.g. computer manipulations).

— Intellectual property offences: Such offences endanger the
legal protection of computer programmes and databases,
copyright and related rights.

In order to approach useful ways and means of
2.2.
proposing a legal provision aimed at approximating national
laws on computer-related crime, the communication considers
‘substantive law issues’ and ‘procedural law issues’ (interception
of communications, retention of traffic data, anonymous
access and use, practical co-operation at international level
etc.).

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2.3.
The communication then looks at all the non-legislat-
ive measures needed to complement the legislative measures.
These basically involve the creation of ‘specialised national
units’, ‘specialist training’, ‘co-operation between the various
actors’, ‘direct industry actions’ and EU-supported ‘RTD pro-
jects’.

— approximate Member States’ laws in the area of child-

pornography offences (2);

— further approximate substantive criminal law in the area

of high-tech crime; and

As far as the ‘security of information infrastructures’ is

2.4.
concerned, this is largely the user’s responsibility.

— apply the principle of mutual recognition to pre-trial
orders associated with computer-related criminal investi-
gations involving more than one Member State.

In its conclusions and proposals the communication,
2.5.
as it did in its development, also falls into two parts that it
specifies and enlarges upon:

— non-legislative proposals; and

— legislative proposals.

2.5.1. N o n - l e g i s l a t i v e p r o p o s a l s

Action is proposed in a number of areas:

— creation of a European forum bringing together law-
enforcement agencies, service providers, network oper-
ators and consumer groups, with the aim in particular of
enhancing co-operation at EU level;

— continuation of action to promote security and trust in
the context of the eEurope initiative, the Internet Action
Plan, the IST programme and the next framework pro-
gramme for RTD (1);

— promotion of other projects under existing programmes;

and the

— provision of funding for improving the content and
usability of the database of Member States’ national laws
provided by the COMCRIME study.

2.5.2.

L e g i s l a t i v e p r o p o s a l s

Under Title VI of the European Union Treaty the Commission
will put forward legislative proposals designed to:

(1) ESC opinion on the Proposal for a Decision of the European
Parliament and of the Council concerning the multiannual frame-
work programme 2002-2006 of the European Community for
research, technological development and demonstration activities
aimed at contributing towards the creation of the European
Research Area, and the Proposal for a Council Decision concerning
the multiannual framework programme 2002-2006 of the Euro-
pean Atomic Energy Community (EURATOM) for research and
training activities aimed at contributing towards the creation of
the European Research Area — COM(2001) 94 final —
2001/0053 (COD) — 2001/0054 (CNS) currently in preparation.

The need to take any measures, in particular of a legislative
nature, on the question of retention of traffic data will be
assessed by the Commission amongst other consultations, on
the basis of the outcome of the work that will be done by the
proposed EU Forum in this area.

3. General comments

3.1.
The ESC agrees with the Commission on the import-
ance of the distribution and use of new digital technologies,
particularly the Internet, because data processing and com-
munication infrastructures have become an essential link in
our economies. In some sectors this link is so important that
part of the economy is ‘computer-dependent’.

3.2.
The ESC also shares the Commission’s view on the
risks arising from generalised use of these technologies and
the precautions that need to be taken because ‘as societies
become increasingly reliant on these technologies, effective
practical and legal means will have to be employed to help
manage the associated risks’.

3.3.
The ESC is therefore pleased that the Communication
draws up a very comprehensive list of security problems in the
information society and that it puts forward proposals aimed
at framing an overall security policy. But the ESC thinks it is
necessary to define computer-related crime better, in order to
distinguish properly between the two types of crimes and
offences: on the one hand, the ‘new computer crimes’ (virus
diffusion, software or file destruction, etc.), which must be the
subject of new legislation, and on the other hand the traditional
criminal activities which are easier to carry out today because
of the use of computers and networks (child pornography,
money laundering and copyright violation) and which need to
be the subject of a more thorough harmonisation of the
existing texts in each Member State. These different types of
offences require different legal measures to combat them.
Combating these various offences, which are committed by
people who are good at controlling technologies (‘white collar
crime’), requires different measures.

(2) Proposal for a Council framework decision on combating the
sexual exploitation of children and child pornography —
COM(2001) 854 final — CNS 2001/025; OJ C 62 E, 27.2.2001.

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3.4.
The Commission Communication proposes a number
of repressive measures. The ESC thinks that computer-related
crime must be combated not only by a policy of repression
but also by broader measures involving prevention, training
and combating exclusion of all kinds (economic and cultural).
The ESC urges that the role of the various actors, in particular
public-sector actors at all levels, in implementing this broader
policy to prevent and combat computer-related crime be
clearly defined: the role of the EU, the states, the regions, the
cities, of companies and of all the authorities in ‘civil society’
(schools, associations, libraries , etc.).

3.5.
But the ESC feels that some important aspects have
been under-estimated in the analyses. The Communication’s
title suggests that two main issues will be tackled: infrastructure
security and cybercrime. The ESC would stress that
the
Communication is concerned above all with fighting crime:
infrastructure security is analysed in much less detail. However,
security, and especially the security involved in the technical
operation of networks, is far from satisfactory. With the big
rise in the number of users and volume of data sent, and the
constant introduction of techniques which have still not been
stabilised (high volume, Internet on mobiles, etc.), there is a
risk of this security being compromised. For example, the
problems of overloads or breakdowns of telecommunications
networks are hardly mentioned at all (1). One must realise that
as economic activities become more computer-dependent, the
technical reliability of networks becomes more and more
essential.

3.6.
As regards the technical safety of networks, it would
be interesting to consider the responsibility of telecom oper-
ators and the effects of deregulation. A number of studies
show the economic benefits of telecom deregulation (lower
prices, contract diversification, new services etc.), but none
analyse the effects of this deregulation on the quality and
security of infrastructures. The Commission Communication
gives no financial estimate of the losses suffered by users,
particularly businesses, following technical breakdowns on
networks. However, would it not be important to be able to
assess the purely economic costs — in addition to the social
and human costs — brought about by ‘computer-related
malfunctions’, as opposed to ‘computer-related crime’?

The Commission Communication has a very individual
3.7.
and very ‘laisser-faire’ approach to security problems, by
tending to transfer the handling of all the problems of security
and fighting cybercrime to users. It stresses the responsibility

of users,
individuals or companies, and seems to under-
estimate the role of the big players: the telecom operators and
‘Security is therefore, to an important extent, a
the states:
responsibility of the users, as only they can appreciate the
value of the bits being sent or received, and can determine the
level of protection needed.’ Certainly, all users have a role to
play in ensuring their own safety, and the ESC agrees that users
should be fully informed of the risks run on the Internet
and trained to protect themselves and assume their own
responsibilities. But it would stress the limits of such an
individual approach: while this responsibility may be partially
assumed by ‘heavy or street-wise’ users (big business or
institutions), can it really be assumed by ‘smaller or inexperi-
enced’ users (small enterprises,
individuals and especially
children)? This view of security, which is not sufficient in the
‘real and concrete’ world, is surely not more so — and may
even be less so — in the virtual world? Is it not an incentive to
create illegitimate means of self-defence, such as private
militias responsible for security and fighting cybercrime?

3.8.
As a complement to the above remarks, the ESC does
the active citizen of today could play an
not deny that
important role, as a user. The user should be well informed
and made aware of all the problems concerning the security of
cyberspace. This could be done through basic education and
by providing constant information on developments in this
field. The e-Europe (2) and e-Learning (3) initiatives, as well as
lifelong education and training, can help achieve this objective
in a positive and creative way.

It would also be interesting to ponder at greater length
3.9.
about the responsibility of the players in the IT sector: security
probably accounts for more than 10 to 15 % of the costs of
companies and private individuals (purchase of special ‘firewall’
equipment and anti-virus software, updating of this software,
etc.) (4). The push to buy security tools may be debatable for
private individuals and SMEs. It is rather a matter for suppliers
and manufacturers who must use the currently existing
software and materials in order to protect their customers:
‘Therefore it is important to encourage innovation and com-
mercial use of security technology and services.’ Are we sure
that all makers of computer software and hardware really want
a fall in the number of viruses, now numbering more than
50 000 and growing by 10 000 a year.

(1) Such breakdowns are spectacular on mobile telephone networks
(because all the users are aware of them quickly), but they also
occur, though less visibly, on the Internet. Unfortunately few
statistics are distributed by the operators on this subject.

(2) ESC opinion on ‘eEurope 2002 — An Information Society For All
— Draft Action Plan’ — COM(2000) 330 final; OJ C 123,
25.4.2001.

(3) ESC own-initiative opinion on the European dimension of edu-
cation: its nature, content and prospects— OJ C 139, 11.5.2001.
(4) There are big differences in the vulnerability levels of certain

systems.

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the power of

the initiative of

the American government

3.10. Moreover,
the
the ESC feels that
European states and of the EU to manage and control the
large organisations which manage the Internet networks
should be analysed in greater detail (1). For example, Europe
is completely absent from the Internet administration body,
the ICANN (Internet Corporation for Assigned Names and
Numbers). The ICANN is a private law body formed in 1998
to ensure
at
Internet co-ordination. Among its other responsibilities this
private institution manages Internet addresses (to avoid
duplication) and the names of website domains throughout
the world, and defines the operational rules which apply to
all. But the executive board of the ICANN is made up of
representatives of American private operators and of some
Internet users ‘elected by universal suffrage on the Internet’,
including a representative of European Internet users. The
forthcoming enough about such
Communication is not
issues and the ESC thinks
there must be active EU
participation in the various Internet management and co-
ordination bodies, and not just in purely technical bodies in
the telecommunications sector (2). Moreover, given the social
issues involved in Internet use, should the
and societal
Internet not be managed by an international body (fixing of
standards, co-ordination of electronic addresses, etc.) with
the extensive involvement of the public authorities from the
different states? It must be pointed out that this type of
body already exists in other fields (air transport with IATA,
sea transport or telecommunications).

the
3.11.
The Commission Communication broaches
question of approximating powers under procedural
law
which ‘will improve the protection of victims’, but does not
make this a priority in its conclusions. The ESC thinks that
such approximation is required urgently and that everything
must be done to speed up harmonisation of procedures.
Such approximation, while respecting the laws and public
freedoms recognised in the Member States and the basic
rights to the respect of privacy and the protection of data
set out
in the EU Charter of Fundamental Rights, must
above all facilitate the search for and rapid seizure of data
in computer memories so as to prevent the destruction of
evidence of violations of the law; the authorities responsible
for applying laws must have sufficient powers to order or
obtain the expeditious preservation of specific data.

4. Specific comments

4.1. Need to fight against child pornography

4.1.1.
The ESC is pleased with the Commission Decision
to submit before the end of 2001 a proposal for a Council
Framework Decision that will
include provisions for the
approximation of laws and sanctions on child pornography
on the Internet‘ (3)’. The ESC thinks that this approximation
should concern not only child
of
pornography but also other areas,
such as combating
religious sects, racist ideas, sexism and, more generally, the
promotion of pornography and violence.

laws and sanctions

4.2. Need to regulate the interception of communications

fears

The ESC shares

including companies’

4.2.1.
expressed in the
the
Communication that: ‘Abusive, indiscriminate use of intercep-
tion capabilities, particularly internationally, will raise human
rights’ questions and will undermine citizens’ trust in the
Information Society’. But the ESC would supplement this
analysis by stressing the need to respect these principles
of confidentiality in areas,
internal
operations. Human rights and privacy must be respected in
all businesses. This includes protecting personal messages
sent or received by employees on companies’ communication
systems (respect for privacy) (4). It also means negotiating
the use of the individual data that has to be compiled if
networks are to function properly, but which enables the
activities and behaviour of each employee to be monitored.
The negotiation of an ‘IT users’ charter’
is one way of
striking a balance between respect for personal freedom and
the operational constraints of business (double e-mail boxes
etc.).

(1) See COM(2000) 202 final.
(2) The governing board of the ICANN comprises 19 members, 5 of
which represent the 5 great regions of the world (North America,
Europe, Asia-Pacific, Africa, South America). The procedures for
holding elections were not very democratic: any voluntary Internet
user could vote, and very few Internet users were informed of this
‘election’!

(3) Council Decision of 29 May 2000 on combating child pornogra-
phy on the Internet; OJ L 138, 9.6.2000. ESC opinion on a
programme to protect children using the Internet currently in
preparation. ESC opinion on combating child exploitation and
sex tourism; OJ C 284,14.9.1998. ESC opinion on the Proposal
for a Council Recommendation on the protection of minors and
human dignity in audio-visual and information services —
COM(97) 570 final; OJ C 214, 10.7.1998.

(4) For example, an agreement recently signed by Deutsche Telekom
guarantees the total confidentiality of messages sent by employees
on the company’s intranet and the Internet.

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The Commission Communication contains only a footnote on
the question of the worldwide intelligence interception net-
work known as ECHELON. The ESC approves the efforts of
the EP watchdog to throw some light on this network, certain
installations of which (equipment, listening centre, etc.) are
installed in a Member State. It would be paradoxical to think
up detailed procedures for regulating the interception of
communications if these rules were constantly broken by a
network of states using the alibi of military security as a screen
for the less admissible aims of economic espionage. For this
reason the ESC asks the Council of Ministers to take firm
action on this matter.

4.3. Need to retain certain traffic data

4.3.1.
The features of Internet crimes are well-known: they
are relatively easy to commit (when computer techniques have
been mastered), they require few means, they can be committed
from a distance without any physical presence, they can
concern a large number of Internet users instantaneously and
cause considerable damage. On the other hand, they leave
traces in the various components of the networks borrowed
by the fraudulent data. Technically, everything pushes the
various network actors to erase these traces as soon as the
billing operations have been carried out, which makes the
work of the police almost impossible. The ESC thinks that this
problem is one of those most urgently in need of a solution so
as to ensure the smooth operation of the Internet, and supports
the position of the Commission, which is to ‘urge all the
parties concerned to discuss in-depth, as a matter of priority,
the complex issue of retention of traffic data’. This discussion
should cover both technical matters (what information should
be kept, and for how long?) and economic issues (who will
pay for these new operations?) (1). The Council of Europe’s
draft convention on computer crime (2) specifies a number of
methods concerning this retention of data. But the deadlines
for adopting and implementing this convention are likely to
be very long: it is necessary to speed up the adoption of
specific measures in the countries of the EU (3).

4.4. Anonymous access and use

4.4.1.
The Communication points out that the question of
anonymity is at the heart of a dilemma: on the one hand, the
possibility of remaining anonymous is essential if one wants

(1) The problem of funding has already been tackled in some-
countries: (Belgium, The Netherlands, United Kingdom, etc.) with
different answers.

(2) Council of Europe — Draft convention on computer crime —

Draft No 25 of 9 January 2001.

to preserve fundamental rights to privacy, but on the other
hand the possibility of communicating on-line without
revealing one’s identity makes it impossible to combat certain
offences. The ESC approves the Commission position of
applying to the Internet the basic legal principles which apply
in other fields: ‘The Internet is not an anarchic ghetto, where
society’s rules do not apply.’ The ESC thinks that technical and
legal solutions have to be sought so that Internet access and
navigation do not lead to websurfers’ private behaviour being
tracked or investigated. The sending of unsolicited anonymous
messages to a given (4) individual address, particularly from
public places such as webcafes and libraries, should also be
prohibited. Indeed, the growth in the number of anonymous
messages is a threat not only to each individual, but also to the
whole of society. The ESC is aware of the difficulties posed by
even a limited ban on anonymity. However, it is advisable
to qualify the statement that ‘the possibility of remaining
anonymous is essential if one wants to preserve the fundamen-
tal right to privacy and freedom of expression in cyberspace’.
Granting recognition to such a concept would undermine the
rights of message recipients (personal or generic), who — in
order to protect their privacy and their interests — should be
able to know the exact identity of those with whom they are
in contact.

4.5. Role of the specialised national units

The ESC approves the call for the setting-up at
4.5.1.
national level of specialised units responsible for such tasks as
prosecuting computer-related crimes and developing investi-
gation technologies. The ESC also shares the Commission’s
‘There is a
view on the need for statistics on cybercrime:
clear need to gather reliable evidence on the significance of
computer-related crime’. The ESC therefore asks that the tasks
of these specialised units be widened to include keeping
detailed and pertinent public statistics on cybercrime, so
that these statistics are not entrusted to private research
organisations, which still have very close links with the
computer sector. The combating of security breaches and
cybercrime must include estimating the number of punishable
acts, their sources and causes, and above all the financial costs
borne by private individuals and companies that are due either
to security systems or the consequences of various types of
fraud and virus attacks.

(3) ESC own-initiative opinion on the impactof e-commerceon the

(4) Messages sent to public or private forums can remain anonymous

single market (SMO); OJ C 123, 25.4.2001.

because all participants accept such anonymity.

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4.6. Creation of a European forum

It must be recognised that

4.6.1.
The ESC approves the Commission proposal to set
up a European forum bringing together a large number of
actors with the aim of fully enhancing co-operation at EU
level, and urges that this forum should be first of all a place
enabling exchanges concerning what is and is not specific to
the information society. In particular, such a forum should
make it possible to justify the need to set up regulation systems
and to develop and circulate this idea among institutions and
the public.
the Internet has
developed partly outside the traditional regulatory framework:
that was one of the reasons why it grew so fast. But the
Internet has become too important for it to escape any
regulation. However, Internet ‘fans’ continue to stress that ‘any
regulation of the Internet is a brake on Internet development’.
They rest on the associative and libertarian ideal of a number
of Internet users to continue developing the idea that the
‘digital global village’ must not be regulated by states and that
codes of good conduct of sufficient. It is time that Europe
helped to develop ideas on the need for rules and regulations.
It must be repeated that the Internet is a tool like any other
which has to be regulated like other economic activities.
Electronic commerce in the private sector and online pro-
cedures in administrative relations will only develop if the
consumer and the citizen have confidence in the Internet. This
confidence is tied to the rapid adoption of political, economic
or tax rules, and not just to the purchase of security systems
by companies and private individuals. Such help for the
development of ideas, which has to be accompanied by an
awareness of the need for any Internet user to keep well away
from extreme attitudes (too much naivety or too much
paranoia) could be one of the main roles of the European
forum.

4.6.2.
organised civil society, the ESC will participate in this forum.

In view of the interest of this type of exchange for

4.7. Direct industry actions

can suffer major financial damage (destruction or loss of files,
theft of confidential
files, etc.) or even a temporary or
permanent cessation of activity (viruses in computer systems,
etc.). Moreover, some fraudulent practices on the Internet can
involve very high ‘hidden’ costs: thus the practice of mass
advertising by e-mail (‘spam’) can cause message recipients
financial costs and, above all, a considerable waste of time (1).
For the moment such practices are virtually unpunished. The
ESC points out that it is in favour of a system of ‘prior consent’
for e-mail of a commercial nature (2).

4.8.

EU-supported RTD projects

4.8.1.
The ESC approves the broad outline of the RTD
programme set out in the Communication. But it stresses the
need to continue ideas and research on two topics which it
feels are essential.

4.8.1.1.
Topic No 1 (technical studies): to what level of
complexity can one develop the Internet without it becoming
intolerably vulnerable? Everyone agrees that the fragility of a
system is linked to its complexity. Given the increasing
computer-dependence of economic activity, at what point will
a set of inter-connected networks become dangerous because
it is too sensitive to technical breakdown and too vulnerable
to cybercrime? All human inventions have size limits (aircraft,
ships, tunnels, towers, etc.) and giant-sized things are always
fragile. Will
the Internet and the networks escape these
constraints?

4.8.1.2.
Topic No 2 (psychological, sociological and cul-
tural studies): what are the specific psychological features of
cybercrime in the immaterial world compared with traditional
crime in the ‘real and concrete’ world? The absence of ‘visible’
consequences probably plays a major role. How can the effects
of cybercrime be made ‘visible’ and easily perceptible so that
everyone can feel the negative effects of it? For example, how
can stealing software be made to seem reprehensible, even
though the user/victim suffers no apparent damage, since he
in the
always has software (unlike the victim of a ‘theft’
traditional world)? How can virus-induced financial
losses,
which, in terms of economic sabotage, are often greater than

4.7.1.
The ESC agrees with the proposal’s statement that:
‘Many industries, e.g. in the banking, electronic communi-
cations, credit card and copyright sectors, and their customers
are potential victims of computer-related crime’. But it thinks
that the Communication does not stress enough the enormous
risks that security weaknesses on the Internet pose for SMEs.
The suppliers of commercial sites to firms must be encouraged
to use the security measures available. Certainly, the major
companies have the human and financial resources to ensure
a certain level of security, but many SMEs do not. These SMEs

(1) According to a recent EU study (February 2001), mass advertising
by e-mail accounts for 500 million messages per day worldwide.
This extra traffic, paid for by message recipients, is said to cost
the Internet users’ community more than EUR 10 billion.

(2) ESC opinion on the Proposal for a Directive of the European
Parliament and of the Council concerning the processing of
personal data and the protection of privacy in the electronic
communications sector — COM(2000) 385 final — 2000/0189
(COD); OJ C 123, 25.4.2001.

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those caused by fire or explosives, be made ‘visible’, even
though the physical consequences are not very spectacular (no
flames, noise, etc.)? How can one combat computer-related
crime when a significant number of economic cybercrimes
(particularly the distribution of viruses and acts of intrusion
into certain computer systems) are not committed for the
traditional reasons (money, power, revenge, etc.) and are often
apparently ‘gratuitous’ acts, inspired more by megalomania
(‘I am stronger than the most sophisticated systems’) and the
search for fame than by the lure of gain? What links are there
between cybercrime and exclusion? How should prevention
policies be conceived?

4.8.2.
Confidence in the Internet can only be increased if
problems such as these are analysed better and more knowl-
edge is gained so they can be handled better.

5. Conclusions

5.1.
The ESC shares the point of view of the Commission
on the importance of distributing and using the new digital
technologies. Their importance — particularly that of the
Internet — is such that part of the economy can be said to
be ‘computer-dependent’. This ‘computer-dependence’ will
continue to increase.

5.2.3.
If, as the Commission indicates, security may be
partly the responsibility of the user, it is also necessary to
define the role of the big players: the telecom operators and
the states. While this responsibility may be assumed by ‘heavy
or street-wise’ users (big business or institutions), can it
really be assumed by ‘smaller or inexperienced’ users (small
enterprises, individuals and especially children)?

5.2.4.
It is necessary to study in greater detail the power of
the Member States and the EU in managing and controlling
the large organisations which manage the Internet network.

The approximation of powers under procedural law
5.2.5.
must be a priority in order to improve ‘victim protection’. The
new powers which would be conferred on the authorities
responsible for the application of laws must respect the basic
rights to the respect of privacy and the protection of data set
out in the EU Charter of Fundamental Rights.

It

is necessary, as the Commission indicates, to
5.2.6.
regulate the interception of communications. This approach
must be widened by stressing the respect of the principles of
confidentiality in all fields, including the working procedures
of companies. The ESC approves and supports the efforts of
the European Parliament to shed all possible light on the
worldwide intelligence interception network known as ECHE-
LON and asks the Council of Ministers to take firm action on
this matter.

5.1.1.
The ESC also shares the Commission’s view that
increasingly effective practical and legal means will have to be
used as the economy becomes more dependent on such
technologies.

5.2.7.
The most urgent issues to be dealt with to ensure the
smooth operation of the Internet and combat computer-
related crime are the need to retain certain traffic data, the
regulation of access and user anonymity.

In this ongoing context the ESC is pleased with the initiatives
envisaged by the Commission in its communication. The ESC
stresses the urgency of the need to take certain decisions and
speed up the adoption of regulations.

However, in order to widen the debate it would stress

5.2.
the following:

5.2.1.
The Commission Communication proposes a num-
ber of repressive measures. These must be backed up by
broader measures involving prevention, training and combat-
ing exclusion.

5.2.8.
The creation of a European forum bringing together
a large number of actors with the aim of enhancing co-
operation at EU level creation is a good initiative. The ESC, as
a representative of organised civil society, has decided to play
an active part in the work of this forum.

5.2.9.
It is necessary to underline and analyse to a greater
degree than is done in the communication the enormous risk
run by SMEs because of security weaknesses on the Internet
(destruction and loss of
files,
files,
computer viruses etc.).

theft of confidential

5.2.2. More emphasis must be put on infrastructure
security.

The broad outlines of the RTD programme referred
5.2.10.
to in the communication are a step in the right direction.
However two issues appear essential:

7.11.2001

EN

Official Journal of the European Communities

C 311/19

— How complex can the Internet become without risking

an intolerable degree of vulnerability?

— What are the specific psychological aspects of computer-
related crime in the virtual world compared with tra-
ditional crime in the ‘real and concrete’ world?

Brussels, 12 September 2001.

The President

of the Economic and Social Committee

Göke FRERICHS

Opinion of the Economic and Social Committee on the ‘European programme of radio satellite
navigation (Galileo)’

(2001/C 311/05)

On 1 March 2001 the Economic and Social Committee, acting under the third paragraph of Rule 23 of
its Rules of Procedure, decided to draw up an opinion on the ‘European programme of radio satellite
navigation (Galileo)’.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 17 July 2001. The rapporteur
was Mr Bernabei.

At its 384th plenary session of 12 and 13 September 2001 (meeting of 12 September), the Economic
and Social Committee adopted the following opinion unanimously.

1.

The Committee

having regard to the positive contribution which the develop-
ment of a European satellite navigation and positioning system
for civil purposes can, once integrated into the broader Galileo
programme of services, make to the economy and society as
well as at global level to the well-being and safety of all, by
an enhanced quality of
life and human fulfilment, while
safeguarding privacy and individual freedom;

having regard to the potential for state-of-the-art services
provided by Galileo in vital sectors such as fixed and mobile
communications, the e-economy, integrated transport logistics
and safety, remote medical services and the health sector,
distance education and training, civil protection and public
security, agricultural development and the protection of the
environment and of natural resources;

recommends the following to the Council, the European
Parliament and the Commission:

having regard to the competitive impact of Europe’s Galileo
system at global level, which can ensure full autonomy and
uninterrupted integrity, free of military interference, and the
economic impact in terms of new jobs, businesses, services
and occupational approaches, greater economic and social
cohesion, and fresh opportunities for cooperation and support
for development;

— early adoption of a single, joint strategy, with a defined
mandate and a clearly-delineated development platform
for a global approach embracing all the system’s elements
and services, reaching beyond satellite navigation pos-
itioning to herald a fully-fledged innovative revolution in
services to the entire economy, society and citizens;