13.0 Introduction:
The Norwegian ICT Legal Environment
Norway has a good framework for dealing with many of the
legal issues surrounding ICT. Their intellectual
property legislation and a willingness to protect international copyright laws
make it a technology friendly market for ICT initiatives. A result of their IP
enforcement and education efforts, Norwegian piracy rates are notably lower
than that of Western Europe. Furthermore, domain names are registered under a
central agency called the Norwegian Domain name Registrar (NORID). NORID’s guidelines
state that all Norwegian websites fall under the second level .NO country code
and follow a standard policy. Domain names or websites that violate
international trademark or copyright laws are generally enforced through the
legal system rather than relying on NORID to settle disputes. Norway is in the process of finalizing a public key
infrastructure, therefore digital signatures laws have not been enacted as of
yet. In 2000, Norway passed the Personal Data Act that clearly defines the terms and
conditions surrounding an individual’s right to privacy.
13.1 Intellectual
Property
Norway has invested considerable public and private capital
in information and communication technologies with the goal of producing
economic results domestically and in global markets. Therefore, expectations are high to see these
ICT investments yield new products and services. Establishing and enforcing
laws that protect intellectual property in Norway is a fundamental requirement for nurturing,
rewarding, and stimulating Norwegian innovation and creativity, and thus
improving their knowledge based capabilities. Although intellectual property
laws and rights differ between countries, there have been strides set fourth to
establish and gradually improve conditions both locally and globally.
Global IP Organizational Membership
Norway has supports many international efforts to protect
intellectual property rights. These
include:
·
World Trade Organization (WTO) - As a member of the World Trade Organization, Norway is bound the Trade-Related Aspects of Intellectual
Property (TRIPS) agreement.
·
World Intellectual Property Organization (WIPO[1]) - Norway is a member of the World Intellectual Property
Organization, which is a United Nations agency that is tasked with maintaining
and improving the world-wide value of intellectual property. WIPO believes that technology sectors
(software, biotech, etc) are major drivers of economic development in any country
and are fundamentally driven by the protection IP in the domestic market and in
foreign markets. WIPO also believes that
protecting IP is a global issue because it impacts all aspects of society and
it is the foundation of a knowledge-based economy.
13.2: Software
Piracy in Norway
Software piracy is a chronic
problem world-wide. However, in some countries, like Norway, software piracy rates have dropped significantly in
the past six years. In fact, Norwegian authorities took part in international
anti-piracy raids against a group called DrinkorDie,
which at the time was considered to be the most successful global piracy
network. Along with public education and legal enforcement, the Norwegian
government has made significant strides in protecting intellectual property. According to the Business Software Alliance[2],
Norway’s software piracy rates have dropped 37% since 1996. See below for
trends.
13.3 Domain
Name Issues
In February 2001, the Norwegian
Domain Name Registrar (NORID) revised its domain name policy. Companies and
Organizations in Norway must now register a second level domain name under the NO country code
extension. NORID’s
basic guidelines for Domain Names are the following:
1.
A domain name
must consist of at least 2 and no more than 63 characters.
2.
The domain name
may contain the following characters:
·
lower-case
letters from a to z (not the Norwegian characters)
·
numbers (0-9)
·
hyphens (-)
3.
The domain name
must contain at least one letter or hyphen. The first and the last character of
the domain name must be a letter or a number.
4.
The domain name
must not be identical to a registered domain name.
5.
Some domain names
are reserved or prohibited and cannot be registered.
6.
Requirements are
in agreement with the international standards.
In addition, NORID
has established the following secondary level domain name structure:
Note: The above chart was taken from the NORID website. Please refer to www.norid.no
for the up-to-date and complete version of the NORID Domain Name Policy.
13.4 Cyber-squatting
Norway, as a member of the World Trade Organization,
supports international names and trademarks.
Therefore, in disputes between domain name registrants over the rights
to a particular name, NORID has no role or responsibility other than to provide
the contact information to both parties. Furthermore, the registration of a
domain name does not have any Trademark status.
In conclusion, it is the responsibility of a domain name applicant to not
violate registered trademarks[3].
13.5 Digital Signature
Laws
Norway is in the process of drafting new legislation[4]
for electronic signatures to ensure safe commerce and secure payment over the
Internet. The foundation of the legislation will be based on the EU directive
for a common framework for electronic signatures. The act will give a legal
effect to electronic signatures as well as smartcards. Norway is in the process of building a public key
infrastructure in which to allow secure transaction with the government.
13.6 Internet Censorship
As a general rule, ISPs will
not be liable for content controlled by the users unless they engage in “editorial
activities regarding such content”. Norwegian censorship efforts[5] are
aligned with EU censorship initiatives which are primarily design to protect
children. Specific legislation over unlawful statements by individuals is also
inconclusive.
13.7 Privacy
Laws
In April, 2000, Norway passed legislation that protects individuals from a
violation of their privacy via processing personal information. This act,
referred to as the Personal Data Act[6],
clearly defines the terms and conditions surrounding the violation of an
individual’s fundamental right to privacy.