Legal problems of computer networks: A methodological survey

Abstract

To answer the question which legal problems are connected with computer networks, one needs to know first their future social consequences. But that requires an interdisciplinary “systems” approach, including prognostic methods and ‘irrational’ decisions. But which are the characteristics of computer networks? They combine very different social purposes with very different information technologies (a classification scheme of the latter is given). This leads to at least three levels of social problems coming up with computer networks: (1) ‘normal’ automation problems (disemployment, dequalification, etc.), (2) additional information automation problems (“privacy”, balance of information powers), (3) special computer network problems (e.g. transborder data flows — ‘information sovereignty’ of nations). Legal problems occur on all three levels, as is shown in detail. But none of them is really “new” — with the only possible exception of the urgent need of international regulations. The result is astonishing: No legal problem of computer networks seems to be unsolvable by common (interdisciplinary) legal work. But one deciding premise is undecided: which of the innumerable possible combinations of information technologies for c.n.s. will be reality? It is up to information politicians to publicly discuss and to decide. Where are they?