Legal and regulatory issues

Audiovisual

• EU - Television Without Frontiers: MEPs concerned with increasing media concentration  +/-

  (EurActiv.com) MEPs urged a complete overhaul of the "Television Without Frontiers" Directive. The Parliament's Culture Committee believes that the increasing concentration in the media industry throughout Europe presents a major threat to integrity and pluralism, and thus it seeks to establish EU-wide rules on ownership of television media. The Committee called on the Commission to monitor levels of media concentration in Europe and to draft an updated Green Paper on this issue by the beginning of 2004. MEPs also urged the Commission to support the establishment of a working group of national regulators and representatives of public and private broadcasting systems who would be in charge of swapping best practice on all forms of regulation, including co-regulation and self-regulation in the area of advertising and consumer protection.

• UK - Government unsure of uses for analogue signal  +/-

  (Guardian) New broadcasting minister Lord McIntosh admitted the government was unclear about the potential future uses of the analogue television signal. Attempting to justify the decision to press ahead with the UK's conversion to digital TV, he conceded it was "premature" to predict the full range of benefits the freed-up spectrum would provide. Apart from the financial benefit to the Treasury from spectrum auctions, he was only able to cite the ability to broadcast clear TV pictures to mobile receivers - dubbed "video Walkmans" - as one of the possible future uses of the analogue spectrum.

Competition

• US - Rivals Say Microsoft Flouts Deal  +/-

  (Washington Post) Microsoft is trying to license key pieces of its technology at inflated rates and under onerous conditions, according to competitors who charge that the software giant is thwarting its antitrust settlement with the federal government. The actions are discouraging rivals from participating in the licensing program, which is an important element of the agreement that Microsoft struck with the Justice Department and several states 18 months ago.

• US - West Virginia drops Microsoft appeal  +/-

  (Reuters) West Virginia will drop the state's appeal of the landmark Microsoft antitrust settlement, leaving Massachusetts as the final holdout pushing for stricter sanctions.

Computer crime

• Man Sentenced for eBay Fraud  +/-

  (AP) A man accused of defrauding hundreds of thousands of dollars from eBay customers who thought they were buying computers was sentenced to three years in a state facility, and ordered to pay back the lost funds.

• UK - Ex-university head is jailed for child porn  +/-

  (Sheffield Today) A former head of child education at Sheffield Hallam University has been jailed for downloading thousands of paedophile images from the internet. Dr Paul Wilcox, 54, downloaded 4,728 shocking images of children being abused. The disgraced academic, who has since quit his senior post as head of Hallam's child education unit, is today starting a six-month jail sentence.

• UK - NHTCU gets results  +/-

  (vnunet.com) The National Hi-Tech Crime Unit (NHTCU) says it is making progress in its fight against organised cybercrime. In the two years since the unit was created, the NHTCU has made more than 100 arrests from over 40 operations. Prosecutions have mainly been in the area of serious online child abuse, but pending operations cover hacking, virus writing, fraud and software cracking."

Consumer protection

• EU - Commission proposes EU-wide ban on unfair commercial practices  +/-

  (RAPID) The European Commission has adopted a proposal for a Directive on unfair business-to-consumer commercial practices. Consumers' rights will be clearer and cross-border trade made simpler under the directive which establishes a single, common, general prohibition of unfair commercial practices distorting consumers' economic behaviour. This single set of common rules will replace the existing multiple volumes of national rules and court rulings on commercial practices. This will give consumers the same protection against sharp business practices and rogue traders whether they buy from the shop around the corner or from a website in another Member State. There are two main categories of unfairness: misleading and aggressive practices..

• OECD - 30 nations target cross-border Internet scams  +/-

  (USA Today) Thirty onations announced the first multinational pact to fight cross-border fraud, which has grown sharply with the spread of the Internet. The agreement among the industrial nations belonging to the Organization for Economic Cooperation and Development was a year in the making and was spearheaded by the United States, which has the most victims of cross-border fraud. The 30 mostly European and North American member countries of the Organization for Economic Cooperation and Development agreed to work together to fight cross-border fraud, beef up their own consumer-protection laws where necessary, and make it easier for consumers to recover damages. see OECD Guidelines for Protecting Consumers from Fraudulent and Deceptive Commercial Practices Across Borders and Press Release.

Content regulation

• CoE - Why Europe still doesn't get the Internet  +/-

  (CNet News.com) Declan McCullough disagrees with a Council of Europe proposal to extend the right of reply to the Internet. see Draft Recommendation on the right of reply in the on-line media (CoE) and hearing. see also Gegendarstellungsrecht online: Widerspruch fest eingebaut? (Spiegel Online) and Le droit de réponse doit être transposé à l'internet (transfert.net) interview avec Emmanuel Derieux.

• EU - CNBC finds funding haven in Brussels  +/-

  (Guardian) The pan-European business news network CNBC is setting up a new channel in Brussels which will avoid Britain's strict rules on programme sponsorship. CNBC Europe, which was embroiled in a row with the independent television commission over funding of a documentary series on the euro, said it would be able to show such programmes on its new channel, although they will still not be screened in Britain. This year the ITC ruled against CNBC Europe for showing a programme about the euro that was part-funded by the European commission. CNBC said the EC had no editorial control over the series but the regulator said it breached its rule preventing a sponsor funding a news or current affairs programme "with a view to promoting their goods or services".

• The Internet under Surveillance - Obstacles to the free flow of information online  +/-

  (Reporters sans frontières) The Internet is the bane of all dictatorial regimes, but even in democracies, new anti-terrorism laws have tightened government control of it and undermined the principle of protecting journalistic sources. This report is about attitudes to the Internet by the powerful in 60 countries, between spring 2001 and spring 2003. The preface is by Vinton G. Cerf, who is often called the 'father' of the Internet. version française.

Data Protection (privacy)

• UK - Government rejects call for privacy law  +/-

  (Guardian) The government has said it had no intention of introducing a privacy law, despite today's recommendations by a parliamentary inquiry into media intrusion. In response to a select committee's call for privacy legislation, the culture secretary, Tessa Jowell, reiterated her support for the current system of press self-regulation but conceded there was "room for improvement". See also MPs call for privacy law to protect public from press intrusion .

• US - Netscape Settles Snooping Issue  +/-

  (Reuters) The New York Attorney General's office said Netscape would pay $100,000 as part of a settlement of complaints about a feature used by the unit of America Online to track what users downloaded online. Netscape would also delete all URLs and related data it has obtained through its SmartDownload browser software and undergo privacy audits.

e-Government

• UK - Magazines under threat from government ad plan  +/-

  (Guardian) Magazines serving the public sector, including Nursing Times, the British Medical Journal, the New Scientist and Nature, are facing a financial crisis after the government revealed a proposal to put recruitment advertising online. The government says it wants to start placing adverts for health care, education and environmental workers on public sector websites from 2005

Employment and social issues

• US - Probe finds 'significant misuse' Internet at IRS  +/-

  (AP) Internal Revenue Service employees using thousands of computers accessed prohibited Web sites that included personal e-mail, sexually explicit sites and games. To Treasury investigators, it was a sign that 'significant misuse' of the Internet continues after a crackdown a year ago."

• US - Securities Firms Told to Save Instant Messages  +/-

  (Washington Post) NASD, the industry's self-regulatory body told securities brokers and dealers that use computer instant messages to contact clients and fellow employees must save such communications for at least three years,

Information society and Internet policy

• OSCE - Amsterdam Recommendations on Freedom of the Media and the Internet  +/-

  (Press Release) At the end of a two-day conference on Internet-related perils to freedom of expression, the OSCE Representative on Freedom of the Media, Freimut Duve, has issued a call for the OSCE to take up a strong position towards free flow of information on the Internet. The so-called Amsterdam Recommendations on Freedom of the Media and the Internet were issued at the conclusion of the conference held on 13 and 14 June in the City Hall of Amsterdam. The event brought together more than 25 experts from international organizations, media, academia, specialized non-governmental organizations from Europe and the U.S. as well as from the European Parliament, Council of Europe, European Commission and the OSCE. see also OSZE möchte Meinungs- und Pressefreiheit im Internet sichern (Heise).

Interception

• UK - Blunkett shelves access to data plans  +/-

  (Guardian) Ministers were forced into a humiliating climbdown over plans to hand a host of public bodies the right to demand access to the communications records of telephone and internet users. Bowing to intense public and political pressure, David Blunkett, the home secretary, admitted that the government had 'blundered' into the issue as he announced that the proposals had been shelved to allow more consultation. see also Home Office retreat on RIPA - welcome but tip of the iceberg (Liberty).

Junk mail (spam)

• Microsoft opens campaign in the war on spam  +/-

  (Economist) Microsoft has filed civil lawsuits against 15 alleged spammers, 13 in America and two in Britain. The company accuses the defendants of sending over two billion junk e-mails to MSN and Hotmail users. Microsoft claims the companies resorted to underhand practices, such as disguising pornographic e-mails with a benign subject line, or making e-mails appear as if from a recognised sender. Microsoft is seeking to shut down the spammers’ operations and claiming unspecified damages.

• US - Panel Approves Anti-Spam Measures  +/-

  (Reuters) A U.S. Senate committee passed a toughened measure to crack down on "spam" e-mail and promised that it would be strengthened further by the time it comes up for a full vote. The Senate Commerce Committee also voted to give antifraud enforcers greater authority to fight the unsolicited commercial pitches that now account for up to half of all e-mail traffic.

Liability, jurisdiction and applicable law

• DE - Chaotische Umsetzung der Sperrungsverfügung in NRW  +/- Translate

  (Heise) Im Februar 2002 verpflichtete die Bezirksregierung Düsseldorf die Provider in Nordrhein-Westfalen zur Sperrung zweier Webseiten. Jetzt hat der Bonner Rechtswissenschaftler Maximillian Dornseif deren Auswirkungen untersucht und fand chaotische Verhältnisse vor: Während sich manche Provider strikt an die Vorgaben der Behörde halten und den Zugriff auf strafbare Inhalte kaum erschweren, schießen andere über das Ziel hinaus und sperren legale Inhalte. Sogar der Mailverkehr ist betroffen.

• FR - Un éditeur de site condamné pour un message posté sur son forum de discussion  +/- Translate

  (transfert.net) Suite à une décision du Tribunal de grande instance de Paris rendue le 11 avril 2003, l'éditeur du site percussions.org devra rembourser la moitié des frais de justice engagés dans la procédure menée contre lui par la société Eurodim. Motif de la plainte : la publication, sur un des forums de discussion de percussions.org, d'un message que la société juge diffamant à l'égard de son directeur général.

Protection of minors

• DE - Runder Tisch einigt sich auf Leitlinien gegen Gewalt in Medien  +/- Translate

  (Heise) Kinder und Jugendliche sollen künftig besser vor Gewaltdarstellungen in Internet, Film und Fernsehen geschützt werden. Bei einem Runden Tisch Medien gegen Gewalt verständigten sich in Berlin Bundeskanzler Gerhard Schröder und Vertreter der Rundfunkanbieter, der Filmbranche, Internetprovider sowie Computerspielehersteller über Leitlinien und Maßnahmen, mit denen Gewaltdarstellungen eingedämmt werden sollen. Der Schwerpunkt liegt dabei auf Aufklärung und der freiwilligen Selbstkontrolle der Medienanbieter.

Rating and filtering

• Prüfung einer Filtertechnik zur weitgehenden Sperrung rechtsradikaler Web-Seiten  +/- Translate

  (Heise) Im Zuge der Beratungen zu den Internetsperren hatten die Firmen Webwasher, Bocatel und Intranet ein Filterkonzept vorgestellt, das die Internetblockade zentral und zielgenau abwickeln sollte. In Zusammenarbeit mit der Universität Dortmund wurde das Konzept getestet. Der Abschlußbericht vom Dezember 2002 liegt jetzt auch online vor. Demnach kann der Filterpilot Inhalte auf einigen hundert IPs sperren. Eine Umsetzung des Konzepts steht jedoch zur Zeit nicht an, da organisatorische Fragen nicht geklärt sind und Projektgelder zur Finanzierung fehlen.

Security and encryption

• UK - Pornographers hijack home computers  +/-

  (Guardian) British experts have found the first hard evidence that hundreds of thousands of computers were deliberately infected with viruses by spammers who used the machines to distribute pornography and junk mail. The Gloucester-based computer security firm MessageLabs established that a virus which was sent to up to 1 million computer users over two days was the work of a spammer trying to gain access to machines to distribute ads for websites carrying incest pornography.

Self-regulation / codes of conduct

• AU - Code of conduct for copyright collecting societies  +/-

  (APRA) APRA and AMCOS subscribes to a code of conduct for copyright collecting societies. The Code came into effect in July 2002. Compliance with the Code by participating collecting societies is currently the subject of a review being conducted by former Federal Court judge, Mr James Burchett QC.

Taxation and tariffs

• EU Stirs Up Internet Sales Tax Debate  +/-

  (Washington Post) On July 1, the 15-nation EU will begin collecting the VAT, or value-added tax, on sales of digital goods and other electronic transactions from U.S. and other non-EU companies. This means that American companies selling downloadable music, movies, games and software to customers in the EU might have to collect taxes that could boost the total cost of their products in Europe by as much as 25 percent. For companies like America Online and Internet auction giant eBay, it means additional costs for restructuring their European operations, as well as possible price increases for their customers.

Market & Technology

Cable and satellite

• UK - BBC and BSkyB end satellite row  +/-

  (Guardian) After months of brinkmanship the BBC and BSkyB have finally settled their protracted row over an £85m deal that guarantees distribution of the corporation's channels to 6.7 million Sky homes. They have agreed a new deal, believed to represent savings of tens of millions of pounds, which will ensure BBC1 and BBC2 remain the first channels Sky viewers see on the electronic TV listings that appear on screen automatically when they switch on their sets. It will mean that, for the first time, viewers in Scotland will be able to watch BBC London and that anyone with a satellite dish and a receiver can watch the BBC's digital channels without a viewing card.

Market

• UK - Sony to sell music downloads  +/-

  (Reuters) Under pressure from the success of Apple's iTunes music store, Sony has joined the digital-download bandwagon. It was the last major holdout in Europe Sony Music will begin selling music downloads in Britain for its top artists, making it the last among the major recording labels to join Europe's music download bandwagon. But the long-awaited announcement comes with a hitch. Sony, home to such artists as Michael Jackson and Jennifer Lopez, will not sell song downloads to European Internet users outside the United Kingdom.

Mobile and wireless

• 3G phones 'unfit for mass market'  +/-

  (CNET Asia) The latest mobile phones are not living up to their promises, say European mobile operators. Nokia has started shipping its much-anticipated 3G (third generation) phone, the 6550, just as a storm is brewing over the quality of such handsets. Third-generation (3G) handsets have failed to deliver on their promises and are unfit for the mass market, say spokesmen from a group of European mobile operators. The sentiment was voiced at the recently concluded 2003 UMTS (Universal Mobile Telecommunications System) Congress in Holland after the group evaluated 3G handphones from several equipment makers, according to various reports.

• UK - A new kind of phone sex  +/-

  (Guardian) Anyone who has been to the cinema over the past six months will probably have seen an advert from mobile phone operator Orange inviting them to "muck about" with picture messaging. The question now being asked by phone companies is: how mucky are those pictures actually going to be, and what is going to happen when they breach the bounds of what is acceptable? It is now accepted that one of the main drivers behind the take-up of VHS video recorders and handheld camcorders was pornography. There is an ever growing suspicion within the mobile phone industry that picture messaging is going the same way. see also Will porn kick-start the video phone revolution? (BBC). Pornography is the handmaiden of new technology, it's often claimed. So, will video phone sales be driven by the lust for bare flesh? The first use that novel technologies are put to, so the argument goes, is to let people look at, read or talk about rude things. Sex, it seems, is synonymous with new gadgets. As video phones - known as third-generation or 3G phones - make their appearance, it is no surprise to hear many people say porn will drive its early adoption.

• UK - BT to link mobiles with land lines  +/-

  (Guardian) BT will announce its full-scale return to the mobile phone market later this month with a service which will make extensive use of the company's massive fixed line network. In a move likely to cause howls of outrage from its rivals, who do not have the benefit of a direct connection with people's homes, BT will offer consumers the ability to use their mobile at home as if it was a fixed-line phone - potentially offering consumers huge savings.

• UK - Five chart discovers joy of text  +/-

  (Guardian) Channel Five is teaming up with BSkyB to launch a new pop chart show with a twist - it will be based solely on text message voting.

Technology

• UK urged to hold back on open source  +/-

  (CNET News.com) A U.K. tech industry body has urged the U.K. government to show restraint in its use of open-source software, particularly software covered by the General Public License. Intellect, which is backed by Microsoft, IBM, Intel, BAE Systems and other high-tech heavyweights, said that the requirement of open-source licenses for software funded by the government could have a negative impact on competition for contracts, on the quality of the resulting software and even on the confidentiality of government departments.

Forthcoming events

• 2003-09-21 AU, Sydney - International Rating Conference: Classification in a Convergent World  +/-

  (OFLC) 21-24 September 2003, Sydney, Australia. The Office of Film and Literature Classification (Australia) is presenting an international conference in 2003. The conference is an opportunity to find out about the latest challenges and dilemmas facing classification and ratings systems from around the world in our fast changing entertainment and technology environment. The conference will be attended by local and international classifiers and regulators, film and computer games producers, distributors and designers, producers and distributors of new technologies, media representatives, academics, as well as professional bodies and community groups. Early bird registration deadline is before 30 June 2003.

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