Feb. 21, 2025
Conferences
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► Full Reference: M.-A. Frison-Roche, La clé de la proportionnalité pour établir l’équilibre des obligations, pouvoirs et droits - Exemple de l’inclusion technique assurée par les opérateurs des noms de domaine (The key to proportionality in balancing obligations, powers and rights - Example of technical inclusion by domain name operators), in M.-A. Frison-Roche et G. Loiseau (dir.), Durabilité de l'Internet : le rôle des opérateurs du système des noms de domaine (Sustainability of the Internet: the role of the operators of the domain name system. Compliance and regulation of the digital space). Compliance et régulation de l'espace numérique, 21 février 2025, organisé par le Journal of Regulation & Compliance et l'Institut de la Recherche en Droit de la Sorbonne (André Tunc - IRDJS), 12 place du Panthéon, Paris.
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🧮see the full programme of this colloquium (in French)
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► Summary of this conference: The domain name operators operate in a liberal system and have internalised the tasks being technically inherent in the very architecture of the Internet, while the Public Authorities, because they recognise this nature, ensure in Ex Ante that there are no global failures.
This translates into a system of obligations. All the more so since domain name operators not only bear multiple obligations but also, by order of the laws and regulations, impose them on others, for example on their co-contractors and users.
It is from this perspective that the Principle of Proportionality, which is central here, must be considered. It is another expression of the legal Principle of Necessity, which must be conceived in terms of goals: what is proportionate is what is necessary to achieve the objective with regard to which the duties and prerogatives are entrusted and/or exercised. This is why it is first necessary to recall and explain what the Principle of Proportionality is with regard to the operators obligations covered by Compliance Law, which goes beyond jurisdictional powers such as sanctions or dispute resolution, to explain the teleological control of obligations and powers (I).
From this practical framework, the most relevant example is the technical obligation of inclusion (II) In the technical sense, Inclusion means that anyone who wants to enter the digital space must be able to do so and must be able to reach those who are there and be reached by others. This gives everyone the right to reach and be reached.
Is it possible to go further and ask for comfort for everyone and equality in this comfort and advantages to rebalance this accessibility? For instance, to know everything about everyone beyond this simple digital adresse? To ask domains names operators to help everyone to develop his/her personality in the digital space, compensating his/her lack of initial chance? This is social and political inclusion. It is not the same thing. It does not have the same sources. It does not follow the same paths. Not the same forces. The Sustainability that is then projected can be cumulative. A distinction has to be made on the one hand, and a link made on the other. Moreover, in the name of mistreated social inclusion, can we mistreat technical inclusion, i.e. exclude a person from the digital space? (III).
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July 10, 2001
Publications
► Full Reference: M.-A. Frison-Roche, "Le droit d’accès à l’information, ou le nouvel équilibre de la propriété" (The right of access to information, or the new balance of ownership), in Studies given to Professor Pierre Catala, Le droit français à la fin du XX° siècle, Litec, 2001, pp.759-770.
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📝read the article (in French)
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📙read the general presentation of the collective book given to Professor Pierre Catala, in which this article is published (in French): Le droit français à la fin du XXième siècle
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► English summary of this article: Based on Professor Pierre Catala's idea that there is a 'right to information', a new subjective right of a proprietary nature, the article develops the idea that the right of access to information is also a subjective right.
Just as there is full ownership of information, the primary value on which our societies are built, there is also a right of access to it for third parties, and it is the fullness of this latter right that makes the possibility of ownership by the former bearable. So it is the balance between these two subjective rights, ownership of information on the one hand and third party access to information on the other, that ensures the durability of the liberal system of information ownership. It is even the legitimacy of third party access that today confers the legitimacy that must be given to the appropriation of information.
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