PSPD’s Continuing Efforts on Behalf of Consumers

Ever since the massive Internet shutdown on January 25, 2003 crippled Korea’s communication system, People’s Solidarity for Participatory Democracy (PSPD) has been waiting for an accurate investigation by government. The Ministry of Information and Communication’s announcement, however, stated only the obvious: that a computer virus named Slammer was the cause. This is not enough to assuage those who depend on various communication systems for their livelihoods. Indeed, the ministry failed to find further evidence that would pinpoint those responsible. In the eyes of the government, there was no crime, only victims.

In a press conference on February 27, PSPD outlined its response to this situation. It announced measures aimed at preventing a second crisis, political and legal reforms necessary to augment technical changes, a plan to claims for compensation, and a reform campaign involving internet users.

As we have seen in the recent subway disaster in Daegu and the collapse of the Sung-Soo Bridge in 1994, Korea’s development process often valued speed over safety and reliability. In light of the precedent-setting value of this case, it is important for the government to conduct a thorough investigation with the aim of determining the underlying causes of the failure of communication systems on January 25th. This incident points to the strong need for a consumer protection law, which covers information services, communication services, and software. This legislation must be accompanied by actual security measures undertaken by the government and private companies. In addition, open source software needs to be developed and encouraged to use.

In addition, PSPD has announced its plans to file a lawsuit jointly with the Han Gul law firm which will ask for damages from the government, the Ministry of Information and Communication, ISPs (Internet Services Providers) including Korea Telecom, and Microsoft Corporation.

The lawsuit will ask the government for compensation to cover the costs associated with the failure of communications systems which the government is required by law to regulate. ISPs will be asked for compensation to cover damages resulting from their refusal to live up to the terms of contracts which obligate them to pay for damage to clients in the case of communication obstructions as mandated by the Electronic Communication Law (Clause 33, Article 2).

As for the claim for compensation against Microsoft Corporation, PSPD will base its claim for compensation on the failure of Microsoft’s SQL Server 2000 program to comply with the Product Liability Laws of Korea. As this is the first time a software company has been sued under the Product Liability Law, if this suit wins it will set a valuable precedent that will contribute to the future reliability of communication systems in Korea.

PSPD plans to file a class action lawsuit representing over 7,000 Internet users who suffered damages due to the recent failure of communication systems. PSPD will take action on this suit next week, after it is satisfied that all who wish to participate in the suit have attached themselves to it.

An online campaign will accompany PSPD’s legal filings. By monitoring the actions of ISPs and the companies that manage communications in Korea, PSPD hopes to hold them accountable for consumer interests.