PGI-96/COUNCIL.XI/3
Paris
Original: English
UNITED NATIONS EDUCATIONAL,
SCIENTIFIC AND CULTURAL ORGANIZATION
Intergovernmental Council for the General Information Programme
(Eleventh Session)
UNESCO House, Paris, Room X (Fontenoy Building), 2-3 December 1996
Keynote II
INFORMATION PRIVACY AND INTELLECTUAL PROPERTY
IN THE INFORMATION SOCIETY
by
Pamela Samuelson, University of California, Berkeley
Abstract
1. Development in digital technology presents seemingly contradictory
potentials. On the one hand, they offer unprecedented new opportunities
to protect the security of private information and copyrighted works. Both
personal communications and copyrighted works, for example, can be protected
technologically by encryption software and other techniques. Some of these
techniques are so clever and complex that they simply cannot be “broken”.
2. On the other hand, digital technologies have opened up unprecedented
new threats to protection of private information and copyrighted materials.
Once information about individuals is available in publicly accessible
electronic databases, it can be accessed by virtually anyone anywhere.
By putting together information from multiple databases, it is possible
to assemble detailed composites about individuals that would generally
have been too cumbersome or expensive to compile from diffuse print sources.
3. Similarly, once copyrighted materials are in electronic form, it
is extremely easy and inexpensive to “upload” them to a computer connected
to global networks, from which the material can then be readily transmitted
to or downloaded by people from all over the world. If the copyright owner
is the one who has placed the work on this computer and sought to make
it available to the world, this can be very beneficial. However, if done
by an un-authorized person, it can have devastating financial consequences
for the rightsholder.
4. One of the principal challenges that national and international communities
face today is how to formulate forward-looking, balanced policies that
will simultaneously take advantage of the opportunities that new technologies
present for protecting privacy and intellectual property interests and
avoid the pitfalls of underprotection and overprotection of privacy and
intellectual properties that these technologies enable.
5. On the privacy side, governments will be tempted to regulate cryptography
and other technologies to stop people from communicating with one another
in a manner that these governments cannot understand. Key escrow systems
have been proposed as a balanced solution to the problem that governments
perceive if encryption is too strong. Yet, these proposals remain controversial
because many in the “wired” community value personal privacy so much that
they wish to be free of all government controls on how they attain this
privacy.
6. On the intellectual property side, concerns are arising that technological
protections, supplemented by new legal norms, may protect intellectual
properties so much that educational, scientific and other cultural progress
on which the information society ultimately depends will be undermined.
Some schemes for technological protection may also present serious privacy
questions (as might occur if a digital document kept track of what a user
was reading and reported this information back to the rightsholder).
7. UNESCO can and should play an important role in promoting the interests
of education, science and culture in international discussions about privacy
and intellectual property policies for the global information society.
