Law and regulation to include elderly in innovations stream

ABSTRACT

In this paper we explore the issue of a systematic and seamless way to link future innovations in Information Technology and segments of the population that might -for different reasons of deficiencies - be left aside from advanced services coming with those innovations.The approach is to try to transpose and extend the current concepts of universal access and of universal service mission from the context of Telecommunications to the context of ubiquitous computing and the elderly. This approach owes much for the data and historical perspective to an essay by Robert M. Frieden (2000), [1] on universal service in telecommunications (in the USA).In this position paper, the notions of Technological Change and Technological Convergence are presented and their main characteristics described..The concepts of universal access and universal service mission are viewed in the historical context of the world of telecommunications.Several implications are drawn; in particular why the universal service in telecommunications is bound to evolve and new answers to shape legislative and regulatory policies must be found.The Telecommunications Act of 1996 - which reflects the present legislative situation (in the USA) - is briefly sketched with its implications on universal access to telecommunications services.A proposal of legislative action on two levels -immediate and long term- is made.In conclusion, taking the example of the Patent Act, a general spirit of balance of incentives and obligations is recommended for action on legislation towards ensuring enhanced services for segments of population with some deficiencies.

REFERENCES

• 1: Frieden, R. M. (2000): Universal Service: When Technologies Converge and Regulatory Models Diverge, Harvard Journal of Law & Technology, Volume 13, Number 3, Summer 2000.
• 2: INTERNATIONAL TELECOMMUNICATION UNION, WORLD TELECOMMUNICATION DEVELOPMENT REPORT 1998, Chapter 4, Universal Access (1998).
• 3: Heather E. Hudson, Access to the Digital Economy: Issues in rural and Developing Regions, available at http://mitpress.mit.edu/ude.html
• 4: IT Group Report, White House Forum for successful Aging, Washington, Oct. 4,5 2000, Document provided by courtesy, to EC/NSF Workshop on Universal Accessibility, by Gregg Vanderheiden.
• 5: Pamela Samuelson, Intellectual property for an information age: introduction, Communications of the ACM, v.44 n.2, p.66-68, Feb. 2001 [doi>10.1145/359205.359230]

INDEX TERMS

General Terms:
Human Factors, Legal Aspects, Theory

Keywords:
elderly people, enhanced services, incentives and obligations, intellectual property rights, law, patent law, principles (to base universal service), regulation, technological innovations, ubiquitous computing, universal access, universal service