Annual Report 1999

CHAPTER 4 - PUBLICATIONS, LECTURES AND OTHER ACTIVITIES IN 1999

Egbert Dommering
Senior lecturer in Information Law (part-time).
He is also an attorney in Amsterdam with Stibbe Simont Monahan Duhot.

(with N.A.N.M. van Eijk, J.A.M. Nijhof, M.L. Verberne, with the assistance of P. Burger, N. Sitompoel), Handboek Telecommunicatierecht. Inleiding tot het recht en de techniek van de telecommunicatie, The Hague: SDU Uitgevers 1999, 855 p.

The first part of this book contains an introduction to the theory and technology of telecommunications. The first chapter analyses all aspects of telecommunications law. This chapter also gives a concise outline of the history of telecommunications legislation and telecommunications policy of the last one hundred years (in particular for the Netherlands). The second chapter contains a concise introduction to technology. This introduction enables the reader to understand the technology behind the abstract legal concepts. Finally, the first part contains a historical and analytical representation of the most important international legal developments with regard to telecommunications in the European Union, the International Telecommunication Union and the World Trade Organization. The second part consists of an article-by-article commentary on the Telecommunications Act. Each chapter of the Act is introduced by a historical-analytical review which is linked to the preceding chapter. Each article discusses the decisions of the Independent Postal and Telecommunications Authority (OPTA) and of judicial institutions; the meaning of statutes is discussed, and the overlap with other areas of law is indicated. In addition, all important sources of the statutory history of the Telecommunications Act are listed. The relevant implementation decrees and transition regulations are discussed in each article.

Telecommunicatienummers en domeinnamen, E.J. Dommering (ed.), Deventer: Kluwer 1999 (ITeR series no. 15), pp. 1-465.

This book consists of related studies on the meaning of electronic addresses in telecommunications, with an introduction by the editor (‘Het adres in cyberspace heeft geen plaats’, a reworking of an article previously published in the Cohen Jehorambundel) and a conclusion. The studies, which are interrelated, are T. Clarkson, H. Fischer, R. Hes, J. Smits, Mechanismen voor de verdeling van telecommunicatienummers (a description and analysis of the technical background and the logic behind addressing and signalling systems in Telefonie en internet), N.A.N.M. van Eijk, Toekenning van servicenummers met alfanumerieke betekenis (the allocation questions which arise when allocating telephone numbers with a comparison of the practice in the United States), I. Hurkmans, Regulering van informatienummers (a comparative law study into the codes and rules which have been drawn up for the use of information numbers), B. Westerbrink, De merken- en handelsnaamrechtelijke aspecten van het Domain Name System (a comparative study into the common meaning of the use of domain names).

‘Addresses in cyberspace have no physical location’, in: S. Le Gouëfff, Vers un cadre commun/Towards a common Framework, Brussels: Bruylant 1999, pp. 203-223.

Reworking of an article which previously appeared in the Cohen Jehorambundel on address problems in telecommunications.

‘Slechte kunst en goede zeden’, in: E.F.A. Linssen-van Rossum et al. (ed.), Haagse Balie besognes in de twintigste eeuw, The Hague: De Jonge Balie, Supreme Court of the Netherlands 1999, pp. 80-102.

An analysis of the Oscar Wilde trials against the cultural-historical background of his time. How does the law deal with moral and aesthetic prejudices?

Annotations:

ECHR 24 February 1998, ECHR Reports-I, p. 412, NJ 1999, 691, pp. 4081-4082, Botta case.

The obligation ensuing from Article 8 of the European Convention on Human Rights (ECHR) to take measures to realise the rights guaranteed by this article, does not go so far as to say that citizens can claim entitlement to facilities for the disabled on the basis of this article.

ECHR 19 February 1998, ECHR Reports 1998-I, p. 210, NJ 1999, 690, pp. 4076-4077, Guerra case.

Article 10 does not create an obligation on the part of the government to make information public. Article 8 does give citizens the right to recieve information which is important for his or her personal well-being (potential risks in the living environment as a result of environmental pollution).

ECHR 1 July 1997, ECHR Reports 1997-IV, p. 1266, NJ 1999, 709, p. 4129, Oberschlick II case.

Freedom to express a negative opinion about a politician.

ECHR 29 August 1997, ECHR Reports 1997-V p. 1534, NJ 1999, 710, pp. 4208-4209, Worm case.

Illegal influence of a court reporter on the course of a criminal case. To bring proceedings against the journalist not contrary to Article 10 of the ECHR.

ECHR 20 May 1998, ECHR Reports 1998- III, p. 1042, NJ 1999, 711, pp. 4208-4209, Schöpfer case.

An attorney’s criticism on the judiciary was subject to disciplinary proceedings. To bring proceedings is not contrary to Article 10 of the ECHR.

ECHR 25 August 1998, ECHR Reports 1998-VI, p. 2298, NJ 1999, 712, pp. 4220-4221, Hertel case.

Scientific research into the harmful effects of microwave ovens. There is substantial freedom for scientists to publish the results of their findings even if they have harmful consequences (in this case for the manufacturers of microwaves). To bring proceedings is contrary to Article 10.

ECHR 21 January 1999, not yet published in ECHR Reports, NJ 1999, 713, pp. 4228-4430, Fressoz and Roire case.

Publication by the press of a confidential document not contrary to Article 10 of the European Convention on Human Rights.

HR 26 February 1999, NJ 1999, 716, pp. 4251-4252, Antelecom case.

Disruption of telephone transactions (call back service) contrary to Article 10 of the ECHR. Article 8 of the ECHR is not a lex specialis vis-à-vis Article 10 of the ECHR.

Pres. Rb. Utrecht 6 July 1999, Computerrecht 1999-5, pp. 247-251, the Rentokil case.

Wrongful reservation of an alphanumeric number (the digit code stands for the Rentokil brand). Analysis of the OPTA number reservation system.

Non-specialist publications:

Milou en het millenniumdeurtje, Computerrecht 1999-5, p 214.

Column on the millennium problem and computers.

Lecturers:

Chairman at conferences on millennium problems, organised by the student unions ELSA and Euroforum, of Amsterdam and Rotterdam respectively, 26 and 27 May.

Contribution to the IT and Confidentiality symposium organised by Fenit, the software and computer suppliers lobby, Bussum, 23 June.

Public Broadcasting and Competition, speech at the farewell reception of Bauke Geersing, Hilversum, 11 June.

Speech in a workshop held on 30 November on the two-day conference ‘Limits to Growth’, organised by, inter alia, the Museum Association and the Collectie Nederland, Amsterdam, 29 and 30 November.

Other activities:

‘Introduction (international regulatory aspects of telecommunications)’, PAO lecture on Telecommunications Law, University of Amsterdam, 19 November. 

‘ONP, interconnection and special access’, PAO lecture on Telecommunications Law, University of Amsterdam, 10 December.

Positions:

- member of the editorial board of Computerrecht;
- chairman of the committee on the Code of Conduct for Museological Professional Ethics;
- member of the Copyright Committee;
- member of the Committee for the National Programme of Information Technology and Law (ITeR).