THE INTERNET AND LAW: FROM VIRTUAL REALITY TO LEGAL REALITY
Rocío OVILLA BUENO

Original Text (Spanish) PDF

SUMMARY
I. Introduction. II. The Internet and Mexican Positive Law. III. The Internet and the prospects in Mexican Law. IV. Conclusions.

I. INTRODUCTION

The information society arises out of technical progress, which allows us to store, save, modify, find and convey "information", regardless of how it is done and without limitations of space, time or volume.¹

The principal technological advances that will further the Internet phenomenon are: fiber optics, which allows a better flow of information with better quality; the ATM, which is a form of asynchronous transmission, which allows it to deal with all kinds of information; and numeric data compression or digitalization,² which further develops the capacity of data transfer.³

This technological progress is based on the communication networks existing between different information systems. At the same time it brings benefits to a new society, which grows out of modifications to the structure and organization of current society. However, the importance of transferring information and new means of communication bring with them legal difficulties of a different nature.

These issues are difficult to solve, since the use of networks knows no boundaries. This entails the need for worldwide cooperation to uphold different national legislations. This is one of the reasons Mexico created a new Federal Copyright Law,⁴ modified the Industrial Property Law⁵ and reformed the Criminal Code.⁶

This difficulty will increase when the Internet is used as a mass means to carry out financial and business transactions. However, let us first see what Internet is and the legal problems involved in this phenomenon.

Everyone talks about the Internet, but few know what it is. To test this theory, it would be necessary to ask: How many Mexicans can read or write? And from this number of people, how many of them have access to a computer? From this new number, how many connect to or use Internet services? With this methodology, we can prove that those using the Internet represent a very small proportion of the population of Mexico.

It is important to know this figure in order to solve the problems that arise from using the Internet. This information may explain the absence of a vast amount of legal literature on the Internet, but it does not mean that there are legal "voids" or that it should not be legislated. It is important not to forget that one of the characteristics of law is its universality; therefore, it is flexible and can adapt to conflicts caused by the use of new technologies, as in the case of the Internet. For the Internet, that which flows is information, which is characterized by its virtualness. It is for mercantile law, civil law and especially copyright law to regulate virtual matters. However, before explaining what this right consists of, we will briefly explain the Internet phenomenon.

From an information systems point of view, the Internet is a network of networks. However, under this term we can also include the group of people that use these information networks and the information therein.⁷

Also known as the Web, the World Wide Web is a set of multimedia information servers connected and accessible on this network of networks (the Internet), thanks to the use of hypertext. This system is based on hypertext links (such as HTML or Hyper Text Markup Language). Thus, a user that accesses a server connected to the Web and selects a keyword can be immediately transferred to another server that is "linked" to the previous one.

With a computer program that serves as a browser and a hypertext "link", the user can access various multimedia documents that are found on these servers. The user can move from server to server by means of hypertext links. This situation allows us to access an unlimited number of different sites and create our own virtual space, which is a space whose principal characteristic is that it is always open.

The keywords that characterize this network of networks are convergence and digitalization.⁸ Convergence: since it is a place where various fields, techniques, sounds, images and text converge. And digitalization⁹ since convergence has been made possible with this new technique for distributing information.

The Internet is this network that day after day tends to become an economic tool for transmitting business transactions.

The activities and information to which the user has access can be copied and edited digitally or on paper by the user. They can also be found within the scope of application of various regulations, with those pertaining to copyright law, among them.

How do we adapt rules that apply to copyright laws when high quality, instant, easy and free copies are available to everyone?

The international tendency is that of regulating the Internet from the perspective of the law of free trade,¹⁰ as if the goods that flow on the Internet were material, tangible goods. However, the goods that flow are characterized by their "virtualness".

How can the law arrest the Internet? Since this deals with the relationship between the Internet and the Law, how many legal relationships can exist? Several. From the moment that goods are commercialized or placed at the disposal of a certain public, a legal relationship comes into being, be it sale, rent, purchase, license, adaptation or cession of rights, to mention just a few. However, unlawful acts can also come about, as in the case of robbery, fraud, embezzlement, violations, plagiarism, pornography, piracy, contraband, etc.

This paper will not attempt to study all the relationships that exist between the network of networks and the law in depth, but simply state them. Therefore, we will see a general overview of these relationships, beginning with those that exist now and later take a look at those that could most likely come into being.

II. THE INTERNET AND MEXICAN POSITIVE LAW

As mentioned above, there are several provisions in the Mexican legal code that regulate some of the conflictual situations that exist. To explain it better, it would be necessary to start from the premise that the Internet is only an alternative means of communication and information.

We could explain the magical effect of the Internet owing to the instantaneous nature of this type of communication since the concepts of time and space are modified. It is an extraordinary thing to be able to quickly access information in places that are located on the other side of the world and find information that would not have been possible to obtain through any other means.

However, in addition to the advantages we find in using the Internet, we can also find disadvantages and abuse. Among the identified Internet abuses are the following: pedophilia, contraband, money laundering, prohibited games and substances. There is a black list of twenty-odd serious violations. The arrival of new technologies brings new forms of expressing social behavior, but one must not forget that social dealings are still the same.¹¹

What is the law’s role in terms of the Internet? What are the principles that should guide the process of regulating the Internet? What are the values to be used? What law? What rules? Who will make up these rules?

We agree with Professor Vivant in that in speaking of regulating the Internet, it is necessary to speak about regulations in plural,¹² since there are several aspects of the regulating process that must be coordinated: regulation imposed by users, that imposed by the people involved in networks, and lastly, that imposed by the States. Let us proceed to explain what these rules consist of.

The regulating norms of human behavior that are applied in the so-called cyberspace are not exclusively juridical. There is a high degree of awareness among Internet users. They themselves are the ones who have been able to stipulate certain rules of behavior in cyberspace.

Regulations imposed by users are a code of behavior as to what should not be done. Thus, users themselves have an answer to certain negative manifestations of human behavior by rejecting the user, either by calling for a referendum on whether to accept a person’s presence, or blocking his e-mail address because of the excessive number of messages sent. It is a principle of self-regulation.

In addition to this self-regulation on behalf of users, there is another one that pertains to regulations imposed by those involved. In this sense, we can see there are various tentative proposals for adopting ethical codes. These proposals are made by people involved in the Internet, such as users, the States and those providing the communication services needed to access the Internet. This code aims at defining the people and services involved in the Internet, fixing general codes of behavior, and creating a new self-regulating body for the purpose of prevention, regulation and information. This code contains explicit allusions to fundamental rights and freedoms, and copyright protection, as well as references regarding consumer protection.¹³

But since our area of interest is that of legal norms yet to be applied, we then ask ourselves: What law can be applied to the information flowing over the Internet? We believe that the answer to this question should to cover three aspects. The first deals with an individual’s rights; the second, with copyright and the third, with activities pertaining to business transactions. Furthermore, we will be referring to national, supra-national and international norms.

We shall proceed to further develop this idea covering the three aspects mentioned.

A. Internet and Personal Information Protection

In dealing with an individual’s rights, we can have a two-fold view of things: we can discern the protection of human rights, such as freedom, and we can also discern limitations to this freedom. That is, we can observe both a subjective right and an obligation of doing or not doing something.

If our interest centers on an individual’s freedom, we can find an initial regulation on a constitutional level: "Article 7. The freedom to write and publish on any matter is inviolable. No authority may establish prior censorship, or require bond from authors or printers, or abridge the freedom of printing, which has no limit but the respect of private life, of morals, and of public peace."¹⁴

Furthermore, Article 6 refers to freedom of expression and the freedom of expressing ideas.

If our interest centers on respecting a person’s rights when certain information concerning him is transmitted nationwide via Internet, it would then be necessary to focus on a person’s rights, regulated fundamentally by the Mexican Civil Code and Criminal Code, as well as by some articles in the Federal Copyright Law.¹⁵

On an international level, the North American Free Trade Agreement (NAFTA) contains a provision regarding personal protection.

Article 2105. Disclosure of Information:

Nothing in this Agreement shall be construed to require a Party to furnish or allow access to information the disclosure of which would impede law enforcement or would be contrary to laws protecting personal privacy, financial matters and the bank accounts of financial institutions’ individual clients.¹⁶

In Mexico, there is a growing concern regarding this topic. This concern is manifested in the new Federal Copyright Law, which in Article 109 states:

Article 109. Access to information of a private nature pertaining to people contained in the databases referred to in the previous article, as well as the publication, reproduction, divulgation, public communication and transfer of said information shall require prior authorization from the persons involved.

Exempt from the above are investigations carried out by authorities responsible for law enforcement, according to the corresponding legislation, as well as the access to public records by people authorized by law, as long as it is done according to the corresponding procedures.

The text of this article allows for confidentiality of the company data that flows over the Internet. Even though this is unquestionable progress, we believe that in Mexico it is still necessary to further explain this legal norm, placing an infrastructure at the disposal of the complainants that allows them to solve their conflicts in this area. Possibly by encouraging other countries,¹⁷ Mexico could come to create a committee that would be in charge of watching over effective compliance to this provision.

It should not be forgotten that there are various laws worldwide that already regulate these matters. The existence of a European directive regarding the protection of individuals in terms of personal data and its commercialization is worth pointing out. This directive was adopted on October 24, 1995.¹⁸ The object of this directive is to ensure an individual’s right to privacy in terms of dealing with personal data contained in various files, whether automated or not.¹⁹ Member States of the European Union shall neither restrict nor prohibit the free flow of personal data, except in the event there is no adequate protection in the country importing this data.²⁰

For example, if Mexico does not have adequate protection, the European Union might prohibit all kind of flow of personal data between the European Union and Mexico. It is easy to see the serious problem this could cause, just by bringing to mind a company’s financial transactions.

All these legal instruments protect Internet users. In terms of their privacy, they prevent anyone from connecting to a user’s computer memory and having access to all his files,²¹ and prevents his personal data from being used for purposes other than those authorized. These norms confer a minimal respect of a human being’s dignity.

B. The Internet and Copyright

Information highways defy the premises of copyright law, from the term protection for the creator of a work to the definition itself about which rights emerge from creating a work and from international concepts that limit copyright protection to the territory of each country.²²

In terms of copyright, it is important to remember that the object of copyright protection is an artistic work, which can be a sound, music, an image, a text or a combination of all these elements. Copyright protects that which deals with a literary or artistic creation. It is not the task of the work that is protected since ideas are free flowing.²³ What is protected is the form, even if the most recent modifications to the Federal Copyright Law also protect that which reveals technique (as in the case of computer programs, databases, etc.).

For copyright issues, the question is how to ensure protection of a work that is made known through an information network. In the Mexican Federal Copyright Law, we can find many examples of norms that regulate the Internet phenomenon.

It is necessary for the works that are reproduced on the Internet to be protected as intellectual creations beforehand. Copyrights protect works that have an original form of expression. In most cases, the term original is understood as a form that expresses the creator’s personality.²⁴ Let us see some examples of the legal norms that protect the flow of works over the Internet.

Article 27 of the Federal Copyright Law regulates the patrimonial rights of the creator of a work and states:

Article 27. The owner of patrimonial rights may authorize or prohibit:

I. Reproduction, publication, edition or material establishment of a work... by any means.

II. Public communication of his work;

a) representation, recitation and public performance;

b) public display by any means or procedure;

c) public access by means of telecommunications.

III. Public transmission or broadcasting of his works, in any way, including by cable, fiber optics, microwaves, satellite or any other similar means.

We can see that nowadays any kind of information is available on the Internet, but there is a limit for the reproduction of a work to be transmitted over the Internet. This limit consists of the creator’s patrimonial and moral rights. Therefore, we can see that Article 27 grants the powers of the holder of patrimonial rights to decide on the publication, edition, representation, transmission, access, performance or reproduction of his work, whether it be a traditional reproduction, as in the case of a photocopy, or a reproduction via the Internet or similar means.

In addition creators, who hold moral rights, can oppose any mutilation, deformation or change to their works.²⁵ This situation comes up quite frequently on networks, since some users tend to create their web pages with designs or texts from other creators and sometimes adapt them to their own tastes without consulting the creator of the work.

We should also remember that in the case of copyright there have already been some lawsuits for illegal reproduction carried out via the Internet. It is enough simply to remember the case of a ruling pronounced by a French court against two school students. These students reproduced song lyrics written by two French composers: Jacques Brel and Michel Sardou, without the consent of the copyright’s holder. The reproduction of these texts would not have been extraordinary if it had been a copy of a private nature.²⁶ However, the students put the texts on a web page to which anyone could access. This reproduction was no longer of a private nature, even when the defense attorneys attempted to create new concepts, such as that of "virtual address". The Court however deemed that it was a reproduction anyway and that the so-called "virtual address" or privacy of any kind did not exist since the purpose of a web page is to invite the general public to visit it. The court convicted the students for this violation of copyright.²⁷

As of this legal decision, some creators have tried to make a distinction between what is private communication and what is public communication when using the Internet. Most of them have reached the conclusion that messages on so-called e-mail display communication of a private nature. Meanwhile, that which is displayed on a web page is public communication. There will be exceptions, for example, when dealing with a message sent to a significant number of people, which would then lose its private nature.²⁸

We can give another example of a legal norm applicable to the Internet in the same Federal Copyright Law. We will now see the case of commercial violations.

Article 231. Regarding Commercial Violations

The following behaviors are considered violations of a commercial nature when they are carried out directly or indirectly for profit:

I. Communicate...;

II. Use...;

III. Produce, reproduce, store, distribute, convey or commercialize copies of works, phonograms, videograms or books, protected by copyrights or by related rights, without the authorization of the corresponding owners under the terms of this law.

IV... to X.

This article concerns all reproductions of works that are made by any means, including the Internet. The problem consists of knowing when it is a reproduction, when there is a partial or complete image of the work on a computer screen, when it is saved on the hard drive or on a diskette or when a file is printed. The problem lies in knowing when it is a user’s right and when this is a restriction imposed by the creator.

What are the acts that make up a reproduction? We can have a two-fold answer depending on the point of view we want to give the question. Firstly, there can be a deductive view that analyzes the elements that make up a reproduction and compares them with a given case. Secondly, if we have a prospective view, we would then have to ask ourselves, what the problem we want to solve with the legal definition of a reproduction is.

Fundamentally, a reproduction of a work is an entitlement that the law makes in favor of a creator so that he may permit or prohibit this act for economic reasons.

The distinction made between the right of representation and the right of reproduction happens in the proportion that it inscribes itself in the sense of spreading works analogically.²⁹ Possibly in the near future, when all works are created or distributed digitally, it will be necessary to change those concepts.

For the purpose of being able to record the works protected by copyright that are transmitted over the Internet, the international community has launched two proposals. The first is to put a digital identifier that is not visible to the user on each work at the time of its registration so that the person who wishes to use the said work can go to some "sociedad de gestión colectiva" (copyright’s management society in order to receive author’s royalties) and identify the creator and/or title to ask for authorization to reproduce the work. The second proposal is that information should be encrypted when it is transmitted to guarantee confidentiality. The only thing is that this second proposal is in conflict with problems of State national security, but we will discuss that later.

C. Internet and the Commercialization of Goods and Services

Having seen that the Internet can reach all the households in the world in a minimal time and with excellent image, sound and text quality, many vendors want to be able to sell their products over the Internet. The law that could be applied here is that of common law. The norms belonging to the Civil and Commerce codes would apply if a sale or a lease were made. The current problem regarding the Internet is how to guarantee security in business transactions.

In terms of security in such transactions, problems have already arisen: people pay by bankcard and their data is stolen to make other purchases. However, it is possible to see some solutions, as in the case of the possibility of using encryption techniques or electronic signatures or a third party attestor.

In the case of encryption, while it is true that it would give security to transactions, most countries are against it because encryption is a technique reserved for military purposes, such as national defense. There is the fear that terrorist, extremist or racist groups could use this technique to organize themselves via Internet. For example, in France all encryption of a private nature is prohibited.

As to electronic signatures, the problem resides in knowing whether the person that keys in that electronic signature is really who he says he is. There is a doubt because there is no personal contact. This is where the figure of the third party attestor (who some are begining to call a "cyber-notary") comes in and will serve as one who certifies that the legal entity does have said identification number and does want to carry out said transaction.

It is important to note that there are also problems regarding the use of commercial and professional information that go against traditional concepts of copyright.³⁰

These are some of the legal norms and problems regarding the commercialization of goods and services over the Internet. As we have been able to demonstrate, there are regulating norms for the commercialization of goods and services. Let us go on to see others concerning the application of legal norms.

Having demonstrated that there are valid norms in Mexican positive law, we ask ourselves whether these norms are effective, that is, if it is possible for them to be applied.

The international dimension of the Internet and the difficulty in locating the point of access and its use create unease, since passing through the networks that make up the Internet, the multiple operators and users, as well as certain practices, like the creation of "mirror sites" or anonymous sites, make it difficult to locate possible violators or delinquents with precision, in addition to the problems of the application of laws that the Internet faces.

If the provider of the supply or the demand or the rendering of a new service and the purchaser are in the same country, the internal law of that country would be applied. However, if one of these two parties is in a different country, the problem of the application of laws would arise.

In the case of international sales, it is necessary to determine which will be the law that applies to a legal transaction. There are international conventions that regulate this conflict of laws by making standardized regulations that allow their direct application.

Among the international conventions that allow us to determine which law is to be applied to business transactions over the Internet are: the Vienna Convention; the Berne and Geneva Conventions on protecting copyrights; the Trade-Related Aspects of Intellectual Property Rights (TRIPS); the various European directives regarding the protection of computer programs, databases and related rights, and the Hague Convention, among others.

As we can see, there is not a legal vacuum for regulating activities over the Internet, but more of an excess of legal norms to be applied.

It is necessary to have international cooperation that allows us to apply the same scope of a legal norm in different countries. It falls to the World Intellectual Property Organization to carry out this advance without overlooking that nowadays the World Trade Organization (formerly, the GATT) has influenced the regulation of goods in terms of intellectual property by means of the Trade-Related Aspects of Intellectual Property Rights (TRIPS). Furthermore, Mexico has signed various Free Trade Agreements,³¹ which include a chapter focusing on intellectual property issues.

III. INTERNET AND THE PROSPECTS IN MEXICAN LAW

Mexico cannot attempt to regulate the Internet without taking the international legal context into account. In fact, no country can permit itself to regulate the Internet phenomenon on its own, since the mass use of the Internet has no borders. If one wants to regulate the Internet efficiently, it will be necessary to bring about more international agreements that tend to unify the regulations that apply to these problems.

The important issue is: Which State or States, or maybe even pressure groups, will be the ones to decide the regulations to be applied? It must not be forgotten that the values of one country differ and change from those of another, and some prevail. Those values which have always guided Mexican society should not be negatively influenced by others, foreign to Mexican culture, especially if it is to the detriment of users or creators of an artistic work. In reforming Mexican laws, each legislator should ask himself which values and for which society.

The problems Mexico will have in the future, in terms of the Internet, will be those related to the application of laws (the conflict of laws in time and space) and appointing a competent judge to resolve a conflict will depend on the judge’s discernment and sensibility in interpreting the norms to be applied. As to the conflict of laws, it will be necessary to adopt well-defined principles. Possibly, it will be better to apply the law of the place where the violation was recorded because if the violation began outside national territory, any punishment would not be effective. Therefore, the law in the national territory should be applied and at the moment, this principle seems to be the one that is applied.

Other difficulties should be resolved, such as the case of the so-called "mirror" sites, or problems of evidence in matters of civil procedural law.

As to the protection of intellectual property on the information market, we can say that the products and services are not effectively protected. It is necessary to establish clear internal and international norms for the protection of intellectual property. These new norms should be balanced between the interests of the creators and of the users.

There should be a commitment with the creators so as to protect the profit of their work, and at the same time ensure that the contents of their works will be available to the general public.

The creation of national and international legislation on effective application is requerid in order to be able to fight effectively against piracy.

Regarding open access to the information market, it is said that intellectual property protection and the open access of the market are with the best ways to stimulate the development of local products and reach cultural and individual needs. This is about always seeing it from the perspective of the market and potential consumers. So far, the Internet is more a place to exchange ideas and search for information than it is a place for business transactions. What about the "web surfers"? Would they have to be taken into consideration for debates regarding regulating the Internet or not? They represent a restless population deserving respect. Should existing "netiquette" be taken into account?

What interest groups want is for "the infrastructure of information to provide full access to economic and business information to assist in the efforts of facilitating business and encouraging support for these activities."³²

It is necessary to make copyright uniform and to reconcile the differences between copyright systems.³³ Even when these protections systems are essentially not all that different.³⁴

There should be a right to control all users’ access to the network. This controlled access would allow us to regain the true worth of the information provider and the creator of the contents.³⁵ However, I believe it is necessary for corporate law to continue to be a pillar of copyright.

IV. CONCLUSIONS

Mexican positive law makes it possible to regulate most of the transactions carried out over the Internet. There is no legal vacuum. Therefore, it is not necessary to create specific ad hoc legislation. However, when we speak of regulating the Internet, we should not limit ourselves exclusively to the field of law. Information and awareness campaigns on the advantages and disadvantages of using the Internet should be carried out. A list of advice on drawing up contracts should be added to the existing legislative and regulatory framework. Moreover, educating Internet users and providers should be made a priority.

In the case of violations committed over the Internet, judges will have to consider the principles of free competition, civil and criminal responsibility, consumer protection and contracts, since this legal arsenal could give specific and individual responses to possible conflicts regarding the Internet.

Enforcing the principle of responsibility will lead judges to impose civil or criminal penalisation service providers and servers that do not take security measures, taking technological progress into consideration.

A judge is a person who has the technical legal knowledge needed to create, interpret and apply norms. But for these norms to be in keeping with reality, it is necessary for them to represent modern society. These legal norms must be well adapted to this society. Thus, in the future, a judge will have to participate actively in inter-disciplinary work groups. A judge should listen to the point of view of each person involved, but not only of those who have personal interests to defend, but also those who defend the values and culture of human society.

It is necessary for the Mexican State to favor the creation of networks and services,³⁶ and for new Mexican "sites" to be created. This would allow us to encourage the use of Spanish over the Internet, as well as to express and defend Mexico’s cultural identity. Furthermore, the transition towards the free and open competition of telecommunication services could benefit us more, as there are more quality services available. Since we are part of a neo-liberal system, we have to foresee the legal arsenal needed to fight for defending and protecting "what is ours".

It is necessary to ingrain prudent handling of communication technology in users. But it is also necessary to open their eyes to what should not be done. That is, civic education should be approached not only from a national perspective, but also an international one.

Finally, we will add that when public transmissions of information are made over the Internet, one must not forget that the punishment imposed by law is not virtual, but very real.

Notes
1 Bangemann Report, "Europa y la sociedad de información planetaria", Revista del Derecho de la Alta Tecnología, DAT, Argentina, years VII and VIII, Nos. 84 and 85, August-September, 1995, pp. 20 and subsequent pages.
2 Negroponte, Nicholas, Being Digital, USA, 1995, p. 65.
3 Gaudraud, Nathalie, "Le Cadre Juridique Français Face à la Société de l'Information", Les Petittes Affiches, No. 134, November 6, 1996, p. 25.
4 Published in the Diario Oficial de la Federación [Federal Official Gazette] on December 25, 1996. Also see the reforms to the same on May 19, 1997.
5 The Ley de Fomento y Protección a la Propiedad Industrial [Law of Industrial Property Foment and Protection], published in the Diario Oficial de la Federación on June 27, 1991, later amended by an edict published in the Diario Oficial de la Federación on August 2, 1994, and entered into effect on October 1 that year, which changed the name of the law to Ley de la Propiedad Industrial [Industrial Property Law].
6 The twenty-sixth title, "Of crimes of copyright matters", was added. By the decree with which Article 387(16) was partially repealed, Article 410 is modified and a title is added: the twenty-sixth to Book Two. All of them are to the Criminal Code for the Federal District for Local Matters and for the entire Republic for Federal Matters, published in the Diario Oficial de la Federación on December 24, 1996.
7 For more references, see the works of Doctor Michel Vivant.
8 These ideas have been developed by Poullet, M. Yves and Mr. Queck, "Le droit face à Internet", Internet face au Droit, Université de Namur, CRID, No. 12, 1997.
9 Digitalization is the information that can be transmitted by digital means. This means that it can flow in the form of bytes (open and closed electronic circuits that are coded by a 0 and a 1).
10 Subject closest to industrial property and mercantile law.
11 Risacher, Nancy, "Quel droit pour les réseaux", Bulletin d'actualité Lamy Droit de l'Informatique, No. 93, June 1997, p. 14.
12 Vivant, Michel, "Internet et modes de régulation, dans: Internet face au droit", Cahiers du Centre de Recherches Informatique et Droit, Namur, Belgium, No. 12, 1997, p. 66.
13 Charte d'Internet, régles et usages, proposal presented en France, June, 1997.
14 Article 7 of the Political Constitution of the United Mexican States.
15 Article 109, 231, of the Federal Copyright Law.
16 Article 2105 in Chapter XXI, "Exceptions", of the North American Free Trade Agreement.
17 This is the case of France, which has a so-called National Commission on Systems and Freedoms, which was created by law 1978, Loi de l'Informatique et Libertés. To this regards, see Freysenet, Jean, Loi 1978, Informatique et Libertés, France. Or in Spain, whose Ley Orgánica de Regulación del Tratamiento Automatizado de los Datos de Carácter Personal [Organic Law for Regulating Automated Handling of Personal Data], of 1992, creates the Agencia de Protección de Datos [Data Protection Agency]. See Murillo de la Cueva, Pablo Lucas, "Informática y protección de datos personales", Cuadernos y Debates, No. 43, Madrid, Centro de Estudios Constitucionales, 1993. Or in Britain with the Data Protection Act of 1984. See Losano, Mario G., "Libertad informática y leyes de protección de datos personales", Cuadernos y Debates, No. 21, Madrid, Centro de Estudios Constitucionales, 1989.
18 Gautraud, Nathalie, "Le cadre juridique Français face à la Société de l'Information", Les Petittes Affiches, Special issue on the Information Society, No. 134.6 on November 1996, Paris, p. 28.
19 See Article 1 of the directive.
20 Bensoussan, Alain, "Internet: Aspects Juridiques", Les Petites Affiches, cit., note 18, p. 15.
21 Vivant, Michel, "Ciberespacio: ¿Qué es el derecho para las redes sin fronteras?", presentation given at the 4th Ibero-American Congress on Systems and Law, Havana, Cuba, 1996, p. 2.
22 Nimmer, Raymond T. and Patricia Ann Krauthaus, "El copyright en las autopistas de la información", DAT, Argentina, year VII, No. 80, April 1995, p. 1.
23 Desbois, Henri, Le droit d'auteur en France, Paris, Dalloz, 1978, p. 8.
24 For an example, see Colombet, Claude, Propriété Littéraire et Artistique, Paris, Précis Dalloz, 1996; Sirinelli, Pierre, Propriété Littéraire et artistique, memoir, Paris, Dalloz, 1992; Lucas, André, Traité de la Propriété Littéraire et Artistique, Paris, Litec, 1994.
25 Article 21 of the Federal Copyright Law.
26 The French Intellectual Property Code allows one copy for private purposes.
27 See the complete text of the ruling in the review entitled Expertises des Systemes de l'information, Paris, April 1997.
28 Dreier, Thomas, Droit d'auteur et réseaux, Cours DEA Créations Immaterielles et Droit, París, ERCIM, Faculté de Droit, 1997.
29 Costes, Lionel, "Réproduction et représentation illicites sur l'Internet", Bulletin d'actualité Lamy droit de l'Informatique, No. 93, France, June, 1997, p. 2.
30 Nimmer, Raymond T. and Patricia Ann Krauthaus, op. cit., note 22, p. 1.
31 North American Free Trade Agreement between Canada, Mexico and the United States of America, published in the Diario Oficial de la Federación on December 20, 1993; Free Trade Agreement between Costa Rica and Mexico, published in the Diario Oficial de la Federación on January 10, 1995. Free Trade Agreement between Colombia, Mexico and Venezuela, published in the Diario Oficial de la Federación on January 10, 1995; Free Trade Agreement between Bolivia and Mexico, published in the Diario Oficial de la Federación on January 10, 1995.
32 "Foro de comercio del hemisferio occidental, hacia un mercado hemisférico de información", DAT, Argentina, Nos. 84 and 85, August–September, 1995, p. 3.
33 Ibidem, p. 5.
34 See the work of Strowel, Alain, Droit d'Auteur et copyright, divergences et convergences. Etude de droit comparé, Bruxelles, Bibliothèque de la Faculté de Droit de l'Université Catholique de Louvain, 1993.
35 Nimmer, Raymon T. and Patricia Ann Krauthaus, op. cit., note 22, p. 14.
36 Maybe there should be a regulation regarding prices and thus prevent the price war that until now has not favored the growth of the Internet in Mexico.