Security and privacy are increasingly gaining prominence on software developers' agendas. Every week, international technology news includes reports or increases in security breaches, malicious attacks and personal data theft, something that is affecting online gamers and corporate clients alike.
While IT companies are striving to fine-tune their kernel to ensure that operating systems are more secure, regulatory uncertainty from Brussels might result in a situation where the launch of some new products in Europe could be delayed. Take Vista, for example.
Windows Vista, the new desktop operating system from Microsoft, is due to be released worldwide next January following years of development. This might not be the case for European consumers though. The strengthening of security and privacy features is one of the core improvements of the new Windows platform but will we be able to rely on these features soon?
Following the antitrust order in 2004 and the record €497 million fine imposed on Microsoft by the EU, Microsoft officials have been in close dialogue with DG Competition for the past 18 months to ensure that Windows Vista complies fully with EU competition policy but the landscape is not yet clear as to what will happen, leaving consumers in Europe pondering on when they will finally be able to upgrade their desktop software.
Last month, Microsoft wrote to the US Securities and Exchange Commission highlighting this potential risk and the present uncertainty about the legal principles that govern product design issues for future releases of Microsoft products in Europe. Indeed, Microsoft has noted that such uncertainties could cause design modifications and delays in the release dates for Europe.
The European Commission came under attack early this month when a number of members of the European Parliament as well as retailers warned that delays for the Vista launch in Europe would have serious effects on business and the European software ecosystem.
In a letter addressed to Neelie Kroes, EU Competition Commissioner, a number of MEPs said: "It is alarming that one of the world's most successful technology companies considers the European Commission's attitude a 'risk factor' that might delay European companies' access to future Microsoft products such as Windows Vista", adding that "this would put European companies at a competitive disadvantage with every other company around the world which does have access to these new technologies."
A spokesman for the EU DG Competition rejected such claims and stated that it was not up to the Commission to approve Vista before it is put on the market.
Lack of legal certainty on antitrust issues, especially in technology issues, is surely leaving its mark in Europe. Everyone accepts that in today's world the protection of privacy and enhanced levels of security are essential but while data protection principles and the recognition of computer crime have established strong roots within Europe, competition law principles are still trying to catch up with the technology world we live in.
It seems, however, that competition law and computer law will need to be addressed together in Brussels to ensure that technology and innovation are not being unnecessarily restrained. After all, that is what the Lisbon Agenda is all about.
To protect our privacy, we need to beef up our security and the developers behind Vista have realised this. Most importantly, the new platform will provide numerous opportunities for third party software development by giving developers the information they need to build on the Vista capabilities of the Windows platform and allow security software companies to create applications that plug into Windows Vista in the same way as Microsoft's own security applications.
One of the key security features in Vista is the Security Centre, which is a neutral dashboard or interface that provides users with a status of their computer's security health and alerts them if their firewall, anti-virus or anti-spyware software is either turned off or is out of date. This dashboard will provide status reports and updates for all security software on a Windows Vista computer, whether from third parties software vendors or from Microsoft.
A delayed launch of the Vista platform in Europe might have considerable economic repercussions (including the attainment of the Lisbon goals) but this delay would also mean that we, as consumers, will not be able to make use of a platform earmarked to reduce our security and privacy concerns.
Dr Ghio holds a Masters with distinction in Information Technology and Telecommunications Law from the University of Strathclyde, Scotland. He works within the e-Commerce and IT Law Department of Fenech & Fenech Advocates.
antonio.ghio@fenlex.com