AUTHOR

Wojciech Jerzy Bober

ABSTRACT

In last decades, new ethical concerns arose from few various fields of social life. The development of technology, globalisation processes, and digitalisation, all prompted new moral problems and fear about the future of our moral condition and cultural heritage. Development of technology caused important changes in medicine as well as in thinking about the border between death and life, in weapons as well as in perspectives of destruction of the whole world, and – in recent times – enabled rise of biotechnology as well as fear about human attempts at manipulating evolution of life. Globalisation caused world unification as well as fear about the future of local communities and about homogenisation of the people of the world and their loss of identity, diversity, and individuality. Last but not least, digitalisation, with computer technology at its core, proved to form another challenge to our ethical theories and common moral beliefs and caused another fear about the future.

From 1960s, ethical considerations more and more oscillate around these problems and new branch of applied ethics has been founded. In this same vain, computer ethics started from mid-1980s as a branch concerned with those moral problems that were brought into being by massive digitalisation. Although many important and valid ethical theories and moral beliefs of religious origin existed before, this development of digital technology uncovered many moral problems that were both uncommon and unpredicted and proved that these general theories and beliefs can hardly handle and solve them. In computer ethics, many authors argued with great evidence that some features of computer technology make that some problems caused by its use and dissemination may turn unattainable by traditional moral views.

At the same time information and communication technologies (ICT) started to penetrate social structures, accelerating globalisation processes within highly developed countries. New kinds of crime, new kinds of moral problems and new kinds of communities were formed. Some users of computer networks started to view as more important their position within virtual groups and communities than that in real life. At the same time, these new communication tools were regarded as a possible danger for local communities, imposing imperialism of opinions, views, and manners of people from developed countries over those from the rest of the world. On the other hand, contrary view has been raised that global communities, brought into existence by new ICT, may form a new kind of ethics different from traditional thinking of the West. The aim of this paper is analysis of this claim and arguing about possible transformation of contemporary ethical positions due to use of computer-mediated communication within global computer communities. In my opinion, using ICT may prove to be very beneficial for moral discourse.

In favour of this opinion, following argumentation is developed:

1. Many claims overestimate destructive impact of globalisation processes, particularly those that predict moral changes in small communities. It is not to be denied that the global communication process may certainly cause some cultural changes, particularly in small, distant, and close communities, which are not involved in global processes yet. But these changes will be rather cultural than moral: even if some customs, languages and manners would be destroyed, it need not to lead toward some moral and ethical destruction: if ethics is to be perceived as a universal mode of attitude between people, destruction of some diversity need not to be treated as an evil – at least moral evil.
2. Emergence of problems discussed in computer ethics proved that traditional moral stances were badly suited for facing new kinds of crime and dishonesty. Solving these problems – as in case of other problems addressed in applied ethics – must appeal rather to human rational abilities and knowledge about facts than to emotions, traditional moral beliefs, or religious prejudices. Doing in that manner we act more as impartial moral agents than as members of some particular community.
3. Existence as human beings in normal, social life on the one hand and as actors of communication in cyberspace on the other may be helpful for people of the future in separating of what is mere individual, local, or important for some group from what is actually global, universal, and applies to all humanity. Therefore, for people involved in global communication process the realm of ethics could be more easily distinguishable from customs, manners, and life-styles. The possible global agreement upon ethical matters could – with time – reinforce social and individual liberties. Traditionally, we grow within some kind of society and adopt many customs and manners as well as opinions and superstitions of people that live around us. Disputes about food, nudity, or sex may be as fiery as those about murder, theft, or capital punishment. Involvement into global communication process may put these matters to the right place.

AUTHOR

Andy Bissett, Paul Parry, Innes Ritchie, Bob Steele

ABSTRACT

Computer games have often been the subject of moral criticism and even the cause of moral panics, especially amongst concerned parents, educationalists, and politicians [Morris, 2003].

Participating in a computer game is different to passively ‘consuming’ a film, television program, or text. It is reasonable to be concerned that the player may be affected by the nature of the game that he or she is playing. Lending weight to this concern is that both the US and the UK armies are pioneering the use of (sometimes violent) computer games as a training ‘simulator’ for their infantry. This at least suggests a belief on the part of military authorities that behaviour can be modified by participation in such games. Yet psychological studies seem ambiguous in their results when an attempt is made to answer the old question of whether exposure to violent or sexual content in various media encourages the consumer of that medium to reproduce similar acts in reality.

However, whilst these questions are currently undecided, what is clear is that offensive content in computer games benefits no one, least of all the reputable producers and publishers of such entertainment software, who may well find themselves the subject of public opprobrium rather than commercial success. Due to this some games have had to be withdrawn or modified after publication. An example of the latter was the game ‘Hitman 2’ from Eidos, which in its original version could give offence to Sikhs on ethnic and religious grounds [Anderiesz, 2003]. In another case the industry body ELSPA commented of a Dutch game ‘Hooligans’, that (it) ? ‘is not a game with which the UK games industry wishes to be associated’. Publicity material for the game boasts ‘You must kill, maim, and destroy the opposing Hooligan teams ? You muster and control your faithful troops by administering drugs, alcohol, and of course a good dose of violence every now and then’ [Poulter, 2002].

Recognising that computer gaming, and entertainment software generally, is a very large industry worth $19 billion annually, and which frequently employs the most sophisticated technology, Sheffield Hallam University has introduced a new MSc degree course in Entertainment Software Development (ESD) [SHU, 2003]. This course is aimed at addressing the peculiar and powerful challenges that entertainment software development generates, and has excited considerable interest in the press internationally, and in the computer games industry at which it is aimed. Sony Computer Entertainment UK has agreed various kinds of sponsorship.

The computer games industry has distinctive characteristics when compared against the ‘mainstream’ of industrial software development. Many useful educational schemes have been propounded for the latter [Edwards & Thompson, 1996; Gotterbarn, 1996a; Simpson, 1996], and searching analyses have been made of the relevant codes of ethics [Wheeler, 2003]. Most of this work has taken place within an (appropriate) discourse of professionalism [Hall et al, 1996]. However, the computer games industry has different roots and mores. The content of the product itself, and the culturally loaded yet often informal processes by which it is generated, raises burning ethical questions, as outlined earlier. Consequently, dealing with this ethical dimension takes on a different tone to the approaches that may be considered for other commercial software development businesses.

After discussing the problems of computer game content we examine the process by which ethical considerations are brought into the MSc ESD. The syllabus addresses concern for conventional ethical issues within an IT project by requiring study of professional codes of conduct such as those promoted by the ACM, the IEEE, and the BCS. However, students are encouraged to go beyond the ‘normal’ IT project management questions. The ACM Code of Ethics, for instance, aims to ‘articulate and support policies that protect the dignity of users and others affected by a computing system. Designing or implementing systems that deliberately or inadvertently demean individuals or groups is ethically unacceptable. Computing professionals….should verify that systems are designed and implemented to….enhance human dignity’ [Gotterbarn, 1996b]. This opens the door to wider ranging discussions. Students will gain wide exposure to invited speakers from the entertainment software industry, and extensive use is made of case studies in which ethical aspects will be emphasised alongside technical issues. Students often work in teams, with industrial input, and this will give them the opportunity to see how ethical considerations impact on product development.

REFERENCES

Anderiesz, M. (2003) Crisis of conscience, The Guardian, 27th March, 2003. Life section, p.X

Edwards, H.M., Thompson J.B. (1996) Ensuring that social and ethical issues are addressed within a postgraduate software engineering unit, in P. Barroso, L. Joyanes, S. Rogerson, T. Ward Bynum (eds) Proceedings Volume 1 ETHICOMP’96, Universidad Complutense de Madrid, 1996. 154-163.

Gotterbarn, D. (1996a) Computer Ethics activities for use in introductory computer science courses, in P. Barroso, L. Joyanes, S. Rogerson, T. Ward Bynum (eds) Proceedings Volume 1 ETHICOMP’96, Universidad Complutense de Madrid, 1996. 181-195.

Gotterbarn D. (1996b), Software Engineering: A New Professionalism, in Hall, T., Myers, C., Pitt, D., Stokes, W. (eds), Proceedings of Professional Awareness in Software Engineering (PASE’96), University of Westminster, UK. 1-12.

Hall, T., Myers, C., Pitt, D., Stokes, W. (1996) (eds) Proceedings of Professional Awareness in Software Engineering (PASE’96), University of Westminster, UK.

Morris, N. (2003) Howells attacks savagery of video games, The Independent, 13th January 2003. 1.

oulter, S. (2002) Censors pass game that glorifies thugs, Daily Mail, 6th March. 36. SHU (2003), Sheffield Hallam University, www.esdmsc.com

Simpson, C.R. (1996) University courses and ethics – using collaborative on-the-job education, in P. Barroso, L. Joyanes, S. Rogerson, T. Ward Bynum (eds) Proceedings Volume 1 ETHICOMP’96, Universidad Complutense de Madrid, 1996. 427-442.

AUTHOR
Andy Bissett

ABSTRACT

Science fiction writing has commonly been used as a vehicle to discuss alternative worlds, and to comment critically on the present one. It is also a natural genre in which to explore ethical dilemmas posed by scientific and technical developments, either proximate or imagined [Introna, 2003]. Of especial significance is that these popular ethical discourses often reach very large audiences.

Science fiction writing from its very inception has tended toward moral comments and ethical proposals. Arguably, Mary Shelley’s ‘Frankenstein’ is embryonic science fiction, and it certainly makes a moving commentary upon the human condition and scientific aspiration that grips readers with its power after almost two intervening centuries of scientific and technological progress [Volkman, 2001]. More recently, the first fictive yet systematic ethical proposals for a future technology were probably Isaac Asimov’s famous ‘Laws of Robotics’, set out in 1940 and subsequently explored in numerous short stories [Clarke, 1993].

The imaginative and humorous work of the American writer Kurt Vonnegut has often been categorised as science fiction, and indeed he himself presents the reader with an absurdist alter ego, the ‘old science fiction writer’ Kilgore Trout, who features prominently in Vonnegut’s fictive writings. Within these works, Trout functions as a kind of a holy fool, a repository, a sounding board, for bizarre ideas and improbable science fiction stories that Vonnegut appears not want directly attributed to himself. The eccentric and sociophobic Trout thus acts as a foil for the main course of a Vonnegut story, his picaresque and accident-strewn life and his writings illustrating and complementing, or at least providing a comic diversion from, Vonnegut’s ostensible plot. Trout is extremely prolific – his short story writing is a compulsion – and this device enables a continual stream of compressed and half-sketched ideas and storylines to decorate and counterpoint Vonnegut’s main story in a highly economical way.

Kurt Vonnegut’s fiction and non-fiction writing frequently comments on and criticises science and technology from an ethical standpoint. The issues that he addresses range from ecology, to mental health and the pharmaceutical industry, to computing, through to nuclear weapons and exotica such as space travel. The corpus of his work, across some sixteen novels and two memoirs, quizzically and critically touches upon death, illness, war, nationalism, creation, joke telling, kinship, and child rearing. The tone varies from forthright folksiness, reminiscent of Garrison Keillor (1987), to crazy and apparently haphazard fantasy. The overall effect is as if a being from another galaxy had observed the Earth for long enough to become partially socialised in the mores of the American mid-West, and sympathetic to the human plight. Yet whilst usually comic in tone, the effect is frequently serious in intent.

All of this would be so much literary criticism and entertainment were it not for the fact that, like Asimov or Shelley, Vonnegut’s writing is read and enjoyed by many millions of people. It is compelling therefore to explore what kinds of ethical ideas he obliquely and playfully introduces to the reader’s mind, throughout the body of his work.

For an example, a typical Troutian plot, outlined in ‘Timequake’ [1997], concerns the activities of Merlin, the magician at Camelot, the court of legendary King Arthur. Trout envisages that Merlin uses his magic to furnish the Knights of the Round Table with ‘Thompson submachine guns and drums of .45-caliber dumdums’. Beyond the strange and arresting image of knights in armour toting Capone-style firearms, there is a typically saturnine purpose at work in Trout’s (and Vonnegut’s) story. Sir Galahad, that most virtuous of all the knights, in acquainting himself with this new ‘virtue compelling technology’ holes the Holy Grail and ‘makes a Swiss cheese’ of Queen Guinevere [1997, xiii]. Behind the startlingly surreal yet logical premise is, of course, the Icarus legend, with its warning for humanity of the dangers of new technology.

Vonnegut explicitly addresses computer technology in the same novel. Whilst asserting that the mission of the artist is to ‘make people appreciate being alive at least a little bit’ [1997, 1], he obliquely comments on the sometimes uncreative results of computer technology by having his character Zoltan Pepper, a famous composer, remark of the music composing program ‘Wolfgang’ that, courtesy of micro-technology, people were now having their heads handed to them with tweezers instead of on platters. Elsewhere in the same book Vonnegut comments on the fatuous results that can be obtained from a program intended to do the work of a human architect.

Using his non-fiction writings, but more especially his fictional work, and that of Kilgore Trout, this paper explores the nature of the ethics that these works explicitly and implicitly convey, and attempts to identify common themes.

REFERENCES

Clarke, R. (1993) Asimov’s laws of robotics, IEEE Computer, 12 (December 1993). 53-61, and 27, 1 (January 1994). 57-66.

Introna, L. (2003) The ‘measure of man’ and the ethics of machines, in F. Grodzinsky, R. Spinello, H. Tavani (eds) Proceedings Computer Ethics – Philosophical Enquiry (CEPE’03), Boston College, Chestnut Hill, Boston MA (USA), June 2003. 77-86.

Keillor, G. (1987) Lake Wobegon Days, London: Faber and Faber.

Volkman, R. (2001) Playing God: technological hubris in philosophy and literature, in T. Ward Bynum, H. Krawczyk, S. Rogerson, S. Szejko, B. Wiszniewski (eds) Proceedings ETHICOMP 2001, Technical University of Gdansk, June 2001. Vol. 1, ISBN 83-7278-141-4. 350-361.

Vonnegut, K. (1997) Timequake, London: Jonathan Cape.

AUTHOR

Kanika T. Bhal and Nivedita Debnath

ABSTRACT

Information technology has given tremendous power of speed, access and permanence on one hand, on the other it has also raised ethical issues of piracy, privacy, accuracy, security and the like (Mason, 1986) identified four issues of. Software piracy or illegal copying of the software is widespread and costs software manufacturers billions of dollars annually. The dynamics of piracy and the profile of software pirates need to be studied to be able to handle the issue of software piracy.

Our study looks at some of the existing theories in the context of software piracy. In line with Johnson’s (1994) assertion, the issues of software piracy are not treated as unique enough to be a species but are a genus where the existing theories in other relevant domains can be applied to software piracy.

Our dependent constructs are perceived ethicality of a situation involving software piracy and likelihood of indulging in an act of software piracy. Though, perceived ethicality is a cognitive process, likelihood of action is a behavioral one. Specifically, we look at Indian personality construct (Gunas), and subjective norms (peer pressure and supervisor pressure) as possible predictors of perceived ethicality and likelihood of unethical act.

Gopal & Sanders (1998) in a cross-cultural study of the software professionals stressed upon the need to identify issues relevant to specific cultures. In line with this recommendation, our study first explores the individual personality construct rooted in the Indian philosophy; called Gunas, as a predictor of perceived ethicality and likelihood of unethical act vis a vis software piracy. The ancient Indian philosophy, embodied in a scripture called The Gita, is rich in prescriptions for daily life and ethical principles. In chapter XIV, verse 5, it is stated that the three modes (gunas) goodness (sattva), passion (rajas) and dullness (tamas) are born of nature and tie down a man to the material world. Gunas in The Gita are mainly used for ethical analysis, hence the terms goodness (for sattva), passion (for rajas) and dullness (for tamas) are used (Radhakrishnan, 1948). It is for this reason that we explore the concept of gunas while exploring the ethical issues involved in software piracy. The gunas are the three tendencies that reflect human character. Further in verses 6, 7 & 8 of Chapter XIV it is explained that goodness (sattva) being pure causes illumination and health; passion (rajas) causes desire, craving and attachments whereas dullness (tamas) causes indolence, ignorance negligence and sleep. Further, the manifestations of these concepts are dealt with in details in chapter XVII and XVIII of The Gita. The manifestations are in terms of lifestyle, nature of charity, austerity, sacrifice, use of intellect and sources of happiness. In some broad senses the gunas may have some parallel with Kohlberg’s (1976) stages of moral development. Sattva is enlightenment, which is beyond the sixth stage of moral development where the focus is on universal ethical principles orientation. Rajas is related to passion where the cognitive frameworks may be present but the ego is predominant and it may force one to indulge in unethical acts for the achievement of some immediate goals. Finally, tamas is described as one that not only acts unethically but also perceives the unethical as ethical (dharma as adharma). Thus, in line with this understanding the following hypotheses are proposed.

H1 (a):People high on goodness (Sattva) will perceive software piracy as unethical and they are not likely to indulge in unethical act.

H1 (b): People high on passion (Rajas) will perceive software piracy as ethical but, they are likely to indulge in piracy.

H1 (c): People high on Dullness (Tamas) will not perceive software piracy as unethical and are also likely to indulge in piracy.

Besides looking at these personality orientations, our study also looks at some other external factors. The Theory of Reasoned Action (Sheppard, Hartwick & Warshaw, 1998) identifies that individuals use subjective norms while making decisions involving ethical issues. Subjective norms, amongst other things, refer to the individual’s perception of the pressures from the social environment like friends, peers and authority. The loyal agent theory (Michales, 1995) too posits that as a loyal agent of his or her employer, the employee has a duty to serve his or her employer in whatever way. In line with these theories, our paper looks at the second construct of peer pressure and supervisor pressure as predictors of likelihood of indulging in an act of software piracy. The supervisor pressure is more for behavioral compliance however; peer pressure is likely to impact the thinking of the people too. In line with this, the following hypotheses are proposed.

H2 (a): Peer pressure is likely to impact both the perceived ethicality as well as the likelihood of software piracy.

H2 (b): Supervisor pressure is more likely to influence the likelihood of software piracy instead of perceived ethicality.

The paper will first discuss the theoretical bases and then test the hypotheses through a scenario and questionnaire based research, using psychometrically sound tools on a sample of software professionals in India. The implications of the study will be discussed both for the researchers as well as the practitioners.

REFERENCES

Gopal, R. & Sanders G. (1998). International software piracy: Analysis of key issues and impacts. Information Systems Research, 9, 380-397.

Johnson, D.G. (1994). Computer ethics, 2nd ed. Englewood Cliffs, NJ: Prentice-Hall.

Kohlberg L. (1976). Moral stages and moralization: The cognitive-development approach, in Lickona, T. (ed.) Moral Development and Behavior: Theory Research and Social Issues. New York: Holt, Rinehart and Winston.

Mason, R.O (1986). Four ethical issues of information age. MIS Quarterly, 10, 5-12.

Michales, A.C. (1995). A Pragmatic Approach to Business Ethics. Thousand Oaks, CA: Sage Publications.

Radhakrishnan, S. (1948). The Bhagvadgita. Great Britain: George Allen & Unwin Ltd.

Sheppard, B.H., Hartwick, J., & Warshaw, P.R. (1988). The theory of reasoned action: A meta-analysis of past research with recommendations for modification and future research. Journal of Consumer Research, 15, 325-343.

AUTHOR

Herzl Baruch

ABSTRACT

The question of utilizing knowledge undergoes a change in Popper’s thought. It starts with the notion that utilizing knowledge must be grounded on scientific theory alone (The Open Society and its Enemies, The Poverty of Historicism). It ends with the notion that utilizing knowledge can also be grounded on practical theory (Knowledge and the Body-Mind Problem).

In his books The Open Society and The Poverty of Historicism, Popper contends that exercising a scientific theory is permissible, provided that when it is refuted, it is possible to go back to the previous traditional policy. The new policy, which is based on a scientific theory that has withstood the test of refutation, is called “piecemeal social engineering” (The Open Society, vol.1, 162-163; The Poverty of Historicism, 58-59). It is reformist and cautious, unlike the comprehensive and revolutionary social engineering, as historicism maintains. To the historicist, “real sociological laws are historical laws” and it leads him to the idea of ‘large-scale forecasts’ or to the kind of prediction Popper calls ‘prophecy’ (The Poverty of Historicism, 42-43). Popper precludes the feasibility of wide scale social engineering. Opposed to prophecy “are predictions of the second kind which we can describe as technological predictions since predictions of this kind form a basis of engineering” (ibid., 43). Therefore, ” The characteristic approach of the piecemeal engineer is this. Even though he may perhaps cherish some ideals which concern society ‘as a whole’ – its general welfare, perhaps, he does not believe in the method of re-designing it as a whole. Whatever his ends, he tries to achieve them by small adjustments and re-adjustments which can be continually improved upon” (ibid., 66).

If the criticism of historicism allows the conclusion that only a refutable social theory can form a basis for piecemeal social engineering, then in Conjectures and Refutations Popper claims that a social theory can only establish “technological warnings”. Technological warnings are guidelines as to what is not to be done. Here he presents “the view that the task of the theoretical social sciences is to discover the unintended consequences of our actions” and this “brings these sciences very close to experimental natural sciences” (Conjectures and Refutations, 342-343). One of the examples that he uses in order to explicate a technological warning is the following: “You cannot, without increasing productivity, raise the real income of the working population” (ibid., 343). The common ground for both piecemeal social engineering and technological warnings is scientific theory, whether it is successful in withstanding the refutation tests (as in leading theories in natural sciences) or if “its hypotheses are promising” (as in the liberal economic theory in social sciences). But since it not the task of the theoretical social theories to guide us as to what is to be done, whose task is it? It will be suggested that social piecemeal engineering could be based either on a refutable theory from the natural sciences or on a practical theory (as will be explained bellow).

While in his earlier books, it seemed that piecemeal social engineering and technological warnings could be grounded on scientific theory alone, in Knowledge and the Body-Mind Problem Popper suggests that social planning, not necessarily only social engineering, can be based upon “practical” theory as well. What the practical and scientific fields have in common in terms of advancement in knowledge is that the starting point for both is a state of problem (P1). Then a tentative theory (TT) to the solution for the problem is offered, followed by putting this theory to the test in the form of trial and error elimination (EE). Finally, a new problem arises, which has to be dealt with (P2) (Knowledge and the Body-Mind Problem, 10-11). The example he uses in order to explicate how practical knowledge advances and utilized is this: “Henry Ford’s original problem was: how can we provide transport for the vast spaces of the United States? This was his P1. He proposed a theory: by building a cheap motorcar. This led through various trials and errors to a new problem: how can we provide the roads and parking places needed for our cars? The original problem P1 was the problem of transport. The new problem P2 is the traffic problem – a problem of frustration” (ibid., 11). It will be claimed that this scheme for the advancement and utilization of knowledge should also be applied to ordinary citizens.

In this essay, I shall attempt to answer the following questions: (a) How is the utilization of scientific based knowledge and practical based knowledge issue to be settled? (b) What are the implications of the knowledge utilization question for different levels of refutation tests and error elimination that Popper adopts? And (c) what is the connection between utilizing knowledge and the existing traditional institutional policy?

REFERENCES

Popper, K. R., The Poverty of Historicism, Routledge, 1957.

Popper, K. R., The Open Society and Its Enemies, V. 1, Routledge, 1966.

Popper, K. R., Conjectures and Refutations, Routledge, 1972.

Popper, K. R., Knowledge and the Body-Mind Problem, Routledge, 1994.

AUTHOR

José Luis Gómez Barroso

ABSTRACT

It is clear that protection of personal data and privacy, as part of the defence of inalienable rights, is a cornerstone of the democracies and that, above specific legal details, its regulation has to stem from an unalterable nucleus.

Nevertheless, accepting the above, the system of guarantees granted can and must give way to situations in which the protection of another legal right prevails: this is typically the case with public or national security. Generically, this principle seems easily admissible. However, in its practical application, the range of possible cases covers situations in which it is not, by any means, easy to decide which of the conflicting rights must be imposed.

No one doubts that communications networks based on information technology form a critical part of economic relationships and therefore, even if they are not already so, of social relations. If an increasing number of lawful activities use the networks, it is obvious that unlawful ones will do so too. The more common their use, the greater the potential they provide for carrying out criminal acts, either directly or through aiding traditional criminal behaviours.

When the network itself is the vehicle of the act, we are facing a ‘cyber-delinquency’, which covers a wide variety of activities such as exchange of or trafficking in prohibited materials (especially child pornography and documents with racist content), various computer frauds, assaults against confidentiality, integrity and availability of the information systems themselves or offences against intellectual and commercial property. When the network is merely an instrument of communication or source of information, it simplifies, facilitates and assists the committing of any offence.

In the first case, there is logically increased concern given the rate at which new threats arise. But sensitivity has grown especially in the second case following the terrorist attacks in the United States in September 2001, causing the strengthening of a current of opinion that reconsiders the flexibility of the limits established on data protection. The first result can be found in the new European Directive on the processing of personal data and the protection of privacy in the electronic communications sector. According article 15 Member States may adopt legislative measures to restrict the scope of the rights and obligations, inter alia, providing for the retention of data for a certain time period.

It is our opinion that under no circumstances should this article have reached the final draft. Whatever situation is claimed, a democratic society must not allow general surveillance or massive data storage. The principle of purpose cannot be violated: all information is always gathered with a concrete and legitimate intention.

This paper analyses the definition process of the new framework and the current situation in European countries (whether mandatory systematic retention of traffic data is required and the impact of this legislation).

In the second part, the very long list of practical difficulties to be overcome is analysed:

• It is not clear what data would need to be kept, what is basic for network security, to undertake an investigation or to prevent fraud.
• It is also difficult to determine what should be the period required before erasure of the data.
• The economic cost of the storage, management and recovery of the data could be astronomical. These costs would also rise as broadband access becomes generalised, with each user generating ever more data and communications between devices becoming customary.
• The alternative possibility of storage in large, publicly financed central equipment seems, at very least, worrying.
• There is also an evident risk that the data may be improperly used by the organisation itself.
• Similarly, they would be a preferred target for outside attackers. Custody responsibility needs suitable additional investment in security, possibly beyond the scope of small companies.
• In some transborder communications, the efficiency of the system may be limited without transnational commitments.
  • Many companies have parts of their systems decentralised, using intermediaries and even fictitious head offices. These practices, intimately integrated within the technological infrastructure (therefore, not always voluntary), are difficult to handle a way that respects national legal variations.
  • The existing instruments for international cooperation in matters of criminal law, such as mutual legal assistance, may not be appropriate or sufficient.
• At present, there are procedural problems. Difficulty in identification means information obtained from the network is highly questionable as evidence.
• For the development of the information society, it is not very positive for citizens to perceive that one of the threats to their individual rights comes from a government gradually resorting to surveillance technology and the invasion of privacy, even though the intention is to promote public security.