Consumer watchdog needed to monitor digital revolution

Over the coming months, crucial and far-ranging decisions will be made regarding the shape of the Republic's digital future. Those decisions will affect every citizen in the State, and determine the right to privacy, right to freedom of speech, what, if any, taxes are payable online, the level of security entitled to be used to protect your own computer-based information, how personal information is handled, the degree of access to your information which other government law enforcement agencies are given, and more.

But right now, not a single advocacy group is making any attempt to represent you in these discussions. Despite the serious nature of these decisions and the impact they will have on Irish lives and Irish business for years to come - indeed, even though certain approaches to these questions could crush the Republic's opportunity to attract international companies, much less to become a centre for global e-commerce - no group is lobbying the Government, providing information to the media, citizens, businesses and politicians, making formal representations to committees considering these issues, or liaising with other advocacy groups worldwide.

To its credit, the Government has generally sought a range of opinions as it begins to shape policy in these areas. But going out in search of a point of view from any given sector is not the same as having that sector working hard as a watchdog and an advocate. In addition, you can be sure that other interests, from major corporations to law enforcement, are making their views known and will push hard to see upcoming legislation go their way.

Already, for example, several groups are arguing for compromises to the use of encryption - the ability to encode files and e-mail in a private or business context. Worryingly, no organised and active opposition to this stance exists. But a coherent, informed argument from an agile advocacy group is vital.

Just as important is the establishment of an Irish-based online set of materials which explain key digital issues, track Irish developments, frame arguments and link to other resources. This is a complex area and businesses in particular have a vested interest in staying informed, as US companies have realised over the past year. In the US, business has become one of the most vocal lobbies against restrictions of any sort on the use of encryption.

Globally, a number of groups keep an eye on all legislation which could have an impact on privacy and civil rights issues. They maintain comprehensive Websites as a resource library for anyone who wants to stay informed; they've fought to get relevant, often formerly-classified documents released; co-ordinated and published much-needed studies; and acted as a public voice on these often complicated issues. In many cases, these groups testify or actually bring lawsuits against governments, agencies, or groups which they believe have violated privacy rights.

Prominent among these groups are two based in the US, the Electronic Frontier Foundation (EFF, online at www.eff.org) in San Francisco, and the Electronic Privacy Information Center (EPIC, online at www.epic.org) in Washington DC. They are two of the most visited sites on the Web, and both offer a wealth of background materials and information on current issues and legislation.

The main British group is Privacy International, an affiliate of EPIC, at www.privacyinternational.org. Further online resources are available from the Global Internet Liberty Campaign, www.gilc.org, and the Internet Privacy Coalition, www.crypto.org.

The Republic at one time had - and ostensibly, still has - a branch of the EFF called Electronic Frontier Ireland. It maintains a fairly low-volume discussion list on privacy and other issues and also has, since its foundation in 1994, occasionally pressed the Government to change policy or take a specific action.

But it has remained almost invisible over the past two years, precisely the time when a vocal advocacy group has been most needed. Its website has not been updated since April 1997, and most of the contacts listed are either no longer with the group or no longer at the numbers listed. The only EFI statement on a government action addresses a stale British policy document from 1997.

Since 1997, the Republic has published an encryption framework document and a report from the Advisory Committee on Telecommunications, done work on copyright, been party to the new Data Protection Directive, issued a joint e-commerce communique with the US government, launched an Information Society Commission, and taken many other actions sorely in need of documentation and analysis by a group like EFI.

The media has no spokesperson to turn to when writing or broadcasting about these issues - many are not aware that such issues are important because nobody issues press releases, takes a stand, and points out that they are. No one is creating an online Irish archive of relevant information, leaving global groups like EPIC unaware that we have even issued an important document such as the encryption framework document.

And, no formal privacy advocate voice attends events like last Thursday's Information Society conference on the legal impact of electronic commerce, an area in which many major privacy concerns merge. Several presenters stated - as if it were an understood fact - that law enforcement should be allowed access in some form to a private citizen's encrypted material.

Not only is this a hotly-debated issue worldwide, but businesses in particular - on both the left and right of the political spectrum - are campaigning actively against this sort of assertion in the US and Britain. Now, more than ever, the Republic needs the EFI or perhaps, a newly-formed group, to be an ardent, informed voice, to argue, lobby, liaise, educate, persuade, co-ordinate and keep a wary eye on what we do and where we go as a nation on these issues. Already the agenda is being set, and aspects of it don't sound promising. Privacy advocates need to organise and take action now, before personal liberties are compromised and next-generation, digitalera businesses decide the Republic is a Celtic Watchdog to be avoided, not a welcoming, electronic-age economy.

Karlin Lillington is at klillington@irish- times.ie