On the 10/23/2003, in Taranto, there was a significant convention by the Industrial Estate, entitled “From paper to computer in the information society”. This convention was organized by AGAP (association of young lawyer from Puglia) with the help of the Lawyers Order from Taranto, in order to discuss the very current events, which are linked to the expansion of Internet in the daily life.
This meeting was quite important, as numerous Italian experts were present. It registered a great institutional participation, with the mayor of Taranto, Dr. Rossana Di Bello, the Town Council President of Taranto, Dr.Pietro Pastore, the Lawyer Order President from Taranto, Edigio Albanese, the Law School, Vincenzo di Maggio (lawyer), Donato Salinari for the region of Puglia, the Town Council President of Lecce, Dr. Stefano Ciardo and the Town Council President of Bari, Dr. Costantino Monteleone.
The first working session, lead by Ernesto Cianciola (lawyer), legal data processing teacher in the university of Bari, with the presence of Andrea Lisi, vice-chairman of the Centro Studi Cint, aimed at the analysis of numerous juridical issues in relation to the creation of the telematic contract in the national and supranational areas: the entire validity of this type of contract and the question of the legal accountability of the will thru Internet. The spatial and time aspects were also discussed, along with the applicable law and its area of competence. This lead to some Private International Laws aspects.
Then, Fulvio Sarzana di Sant’Ippolito, famous publicist and LUMSA’s dean, showed the various computer application in the legal field, especially for the on-line aspect. This gave a concrete aspect to the project promoted by the Ministerial Committee for the information society, presided by the Minister Stanca, who has the project to ease the administration process and the citizenship involvement in on-line projects. This could be possible thru a series of initiatives, which lead to the introduction of digital innovation in Italy.
The aim is to reduce the proceeding time (from a 5 years ½ average to less than 2 years ½), favoring the transparency, reducing the proceeding costs and consenting the rapprochement of the real estate selling price to the real price of the market.
In the first year, the project will be extanded to some pilote courts, so as to be, in the coming years, extanded to all the Italian Civil Courts.
Dr. Giorgio Mantovano (www.studiomantovano.it), public accountant and author of various publication, in charge of the website www.iusimpresa.com, Bibliographic Observatory of Law and Economics in Europe, revolutionary multilingual portal (Italian, English, French, German and Spanish) of the bibliographic research reguarding law and economics in Europe, put an end to the first working session.
www.iusimpresa.com is an enormous research factory. After a few months on-line, this site has been visited by users coming from some 35 countries worldwide. From January 2001, it provides, with no charge, the bibliographical extracts of articles and sentences extracts, along with the bibliographical details (some of them contain the summary and/or the volume index) of over 100 Italian and foreign editors.
This site is used by students, lawyers, public accountants, searchers and legal and economics professionals. It stands out as a model in the network society and linguistic and semantic transversality of the juridical and technical information.
This is a perfect link, which is already appreciated amongst the scientific community, as they are still too distant from one another.
www.iusimpresa.com provides all the research windows in every language : this enables the foreign user to easily browse for informations, which are above all transversal.
Thanks to a keywords system, the only one that exists on–line, as it is translated in French, English, German and Spanish, this portal provides access to logical and standard concepts that can be used free from the language barrier.
Thus, registrations coming from countries rather distant from a cultural and value viewpoint, such as Brasil, Japan, Vietnam, Poland, Canada, Venezuela, Germany, Ireland, United Kingdom, United States, France, etc.
Amongst the moral supports of this brilliant initiative, one can notice the one from:
- the Business University Luigi Bocconi of Milan;
- the Italian Chambers of Commerce Association;
- the University of Lecce;
- the Consul of the Federal Republic of Germany;
- the Law Faculty of the Autònoma Univeristy of Barcelone;
- the Argentinian review www.derechoybanca.com;
- the Tagliacarne Foundation of the Unioncamere;
- the town of Lecce;
- the Legal Data Processing Studying Center;
- the Lawyers Union of Bari.
In the afternoon, the second working session was lead by Giuseppe Sidella (lawyer), Legal Data Processing Studying Center of Taranto’s trustee, along with Mr. Stefano Arbia, civil servant in the field of certificatiuon for the CNIPA (National Center for Data Processing in the Public Administration).
They talked about the concrete and legal aspect of the digitale signature, in agreement with the Italian President decre, April, 07th 2003 n. 137, realeased on the gazette in June, 17th 2003 and enforced in July, 2nd 2003. They also mentioned some articles of the previous decree 445/2000 and dealt with the cryptographic aspects, which provide an absolute security seal to all the subscription operations that are done with the digital signature.
Then, Massimo Melica (lawyer), Legal Data Processing Studying Center of Bari Predient, but also a member of the Data Processing Committee of the National Legal Coucil (CNF) and part of the Telematic Process Committee of the Justice Minister.
He spoke about the recent agreement that has been signed at Palermo between the CNF, the Orders of Lawyers and Actalis (certification authority registered in the public list of certificators) and DCS (company specialized in planning, realizing and managing certification systems and services and digital signature), in order to build up a safe intranet and the distribution of the digital signature.
Therefore, it will be possible to complete all the acts that have been forecast by the telematic process, including the collection of the amounts due and to enjoy the use of Postal Services certificated and safe in order to exchange documents and information.
The technical infrastructure built up by Actalis will enable the National Legal Coucil to obtain from the Innovation and Technology Department of the Minister Council Presidency, the recognition with the highest requisites in terms of quality and security of accredited certificator with the authorization to issue qualified certificates for lawyers, attorneys thru the Territorial Order Council, in which any professional is registered. The experimental phase will include some 7 courts (consequently all the lawyers and professionals registered in other Territorial Order Councils).
Eventually, Barbara Gualtieri (lawyer), Legal Data Processing Studying Center of Florence, but also in charge of the legal field in the Research Department on Multimedia Language of the University of Florence, closed the debate.
Barbara Gualtieri considered the communication control issue and the privacy in the field of penal investigations, with no distinction between the ordinary penal process and the juvenile one (concerning files, trackings, interceptions, house searches, distrainee of digital support and data-keeping and everything linked to it), illustrating the issues, the complexity and the constitutional legitimacy reguarding the respect of the investigated person.