Legal Reflection of the Concept of Information Society

The concept of information society can be viewed from two basic perspectives, i.e. quantitatively and qualitatively. While the quantitative approach focuses namely on objectively measurable variables like mass of data, number and speed of transactions, penetration of services etc., the qualitative approach examines namely the level of success in achieving order, freedom, happiness, fairness, justice and other social qualities.
Taking the qualitative approach to the information society, the article formulates the following theses:

• The qualitative development of information society is being alarmingly neglected. However, slight stress on the development of quantity compared to qualitative assessments and consequent regulations is appropriate.
• The structure of information society naturally carries basic values of mankind. Whenever there is an opportunity for measures of information society to develop, these values develop consequently.
• Neither global international activities nor activities on the national level are sufficiently carried out in order to secure further successful development of information society (namely its quality). Only significant efforts in this respect originate at the moment in Europe and are carried out by EU and CoE. However, the lack of success of the EU-based activities is based on their proactive and regulative nature.

The conclusions contain rather optimistic prognosis based on the fact that the most important quality of information society, i.e. basic values, is naturally forming a part of its physical and logical structure. Therefore, even if the protection of these values is neglected, they are able to persist. In this respect, there is emergent need for the law not to put constraints to natural development of freedom, fairness, solidarity etc. by neglecting or over-regulating most important aspects of everyday life of information society.