Legal and regulatory issues

Audiovisual

• DE - Bundesregierung will Fortbestand von ARD und ZDF im Online-Zeitalter sichern  +/- Translate

  (Heise) Auf Initiative der Beauftragten der Bundesregierung für Kultur und Medien, Christina Weiss, werden die Kulturminister der Europäischen Union auf ihrem Rat am 16. November 2004 in Brüssel die Entwicklungsmöglichkeiten des öffentlich-rechtlichen Rundfunks im digitalen Zeitalter diskutieren.

• UK - Public value key to BBC websites  +/-

  (BBC) The BBC is to close some websites and invest in those that add 'sufficient public value', in response to the Graf report's recommendations. The report - commissioned by the government to examine the BBC's online services - was published in July. The BBC board of governors has announced a series of measures to achieve a 'distinctive online operation'.

Competition

• Nokia quits group over Microsoft  +/-

  (IHT) Nokia has quit the Computer and Communications Industry Association, or CCIA, a trade group that had been fighting Microsoft for almost a decade, after the group announced that it was ending its war with its former foe. Nokia objected to the way the association made peace with Microsoft. In a settlement, Microsoft agreed to pay the CCIA an undisclosed sum in return for the trade group's ending all antitrust actions against it on both sides of the Atlantic. The CCIA, which claims to promote fair competition in the technology industry, had been one of the European Commission's staunchest allies, and its interventions were credited with having played a prominent role in pushing the European regulator to issue a tough ruling against Microsoft last March, which Microsoft is now appealing. Nokia supported the CCIA's combative stance towards Microsoft because it feared that the software company could extend its dominance of computer operating systems into the mobile phone market, as the two industries converge.

Computer crime

• Asia warned on internet child porn  +/-

  (BBC) The rapid commercialisation of the internet has led to an explosion of child pornography, according to a UN conference being held in Bangkok. Delegates were warned that child pornography on the net also led to more traditional forms of child abuse like prostitution and child trafficking. John Carr, head of British Charity the National Children's Home, said 70% of convicted paedophiles were inspired to offend by viewing child porn on the internet. As a specialist on how to tackle the problem, he was in Bangkok to warn nations in South East Asia that the internet threatens to increase their traditional problems of sex tourism and child trafficking. Japan and South Korea have joined the US and Russia as the hosts of large numbers of child porn websites. With an increase in commercial opportunities from child abuse, criminal gangs have now become involved.

• UK - Child porn fight 'lacks funding'  +/-

  (BBC) More money and technology are needed to catch and prosecute net paedophiles and protect child victims of cybercrimes, say children's charities. They have joined forces with senior police officers to call for a review of net policing. See Digital manifesto - Internet safety for children: government should do (NCH).

• UK - Oxford pair suspended for hacking  +/-

  (BBC) Two students from Oxford University have been suspended after hacking into the university's computer. Patrick Foster and Roger Waite are to appeal against the decision by Oxford's Court of Summary Jurisdiction. They wrote about their actions for the newspaper Oxford Student, saying they wanted to expose weakness in the university's IT system.

Consumer protection

• UK - Distance selling rules tweaked by the DTI  +/-

  (Out-law) Changes to the information requirements of the UK's Distance Selling Regulations were announced by the Department of Trade and Industry, intended to save businesses throughout the UK time, money and resources.Currently, businesses selling services over the internet, by phone or mail order have to provide customers with key written details before the contract is agreed. From April 2005, however, businesses will be able to deliver this key information at any time from when an order is placed until the service finishes.

Content regulation

• DE - Innenminister wollen strengere Prüfung von PC-Spielen  +/- Translate

  (Heise) Die Innenminister einiger Bundesländer sind mit der Praxis bei der Prüfung von möglicherweise jugendgefährdenden Computerspielen unzufrieden. Brandenburgs Innenminister Jörg Schönbohm (CDU) etwa spricht von einem "unhaltbaren Zustand" und sieht "schnellen Handlungsbedarf", der bayerische Innenminister Günther Beckstein (CSU) fordert gar ein Herstellungsverbot. Die unabhängige Prüfinstanz Unterhaltungssoftware Selbstkontrolle (USK) weist die Kritik indes zurück.

• The Internet under surveillance 2004  +/-

  (Reporters sans frontières) The Internet has a bad reputation. With authoritarian regimes, that's no surprise. It's to be expected the enduring dictatorship in Beijing has set up a big Internet police force. What's more worrying, at first sight anyway, is the distrust of the Internet among the supposedly solid democracies of Europe and North America. Why the United States, France and the United Kingdom take their place in this report alongside the thugs that are quick to lock up the merest opponent calls for an explanation.

• US - Internet Porn: Worse than Crack?  +/-

  (Wired) Internet pornography is the new crack cocaine, leading to addiction, misogyny, pedophilia, boob jobs and erectile dysfunction, according to clinicians and researchers testifying before a Senate committee. Witnesses before the Senate Commerce Committee's Science, Technology and Space Subcommittee spared no superlative in their description of the negative effects of pornography. Pornography addicts have a more difficult time recovering from their addiction than cocaine addicts, since coke users can get the drug out of their system, but pornographic images stay in the brain forever. Pornography causes masturbation, which causes release of the naturally occurring opioids.

Convergence of telecommunications, media and information technology

• EU - New Commission pledges "improved co-operation" with media industry  +/-

  (ErAciv) An innovation following Viviane Reding's appointment as 'co-ordinator for relations with the media' will be the creation of a 'one-stop-shop' for the press as an industry. Reding's co-ordination role would involve three aspects: * An early warning system consisting of more systematic consultations between Commission departments and with the media industry (a contact point for the media sector in the new DG Information Society, Media and Audiovisual Policy would be created and correspondents in commissioners' cabinets with responsibility for 'media affairs' could be introduced). * Monitoring economic and social developments in the media sector. * Making new proposals to "help the media to become more competitive" and make "full use of the opportunities offered by the single market" (VAT is cited as a possible issue here). However, she emphasised that 'soft laws' such as co- or self-regulatory measures would be the Commission's preferred instrument. As legislative measures on media concentration fall under member states' responsibilities, EU competition law can only invoked to ensure market access for new entrants, Reding explained. "It is difficult to find a legal basis for legislative action on media ownership at the EU level."

Copyright, trademarks and patents

• EU - Response to consultation on review of copyright law  +/-

  (EDRI) Joint response by European Digital Rights, the Foundation for Information Policy Research and Vereniging Open-source Nederland to the EU Commission consultation on the review of the EU acquis communautaire in the field of copyright and related rights.

• EU - Software patent battle set to flare up  +/-

  (CNET News.com) With the European Parliament poised to begin deliberating on software patents again, organizations on both sides of the argument are continuing to push their cases. EICTA, the European Information and Communication Technology Association, wrote to the parliament's legal committee this week, calling for the introduction of software patents. EICTA argued that patents would protect the investments made by European companies in research and development, protect jobs and encourage the sharing of information among companies. However, EICTA's position is being challenged by some who oppose the introduction of software patents, such as the Foundation for a Free Information Infrastructure (FFII).

• EU - Software patents law up in the air after Poland pull out  +/-

  (EurActiv) A May 2004 political agreement on the highly controversial software patents directive (see EurActiv, 19 May 2004 ) is hanging in the balance after Poland said it was unable to support it. The text is scheduled for formal adoption without debate (an 'A' point) when EU ministers meet at the Competitiveness Council on 25 and 26 November. But without Poland's support, the directive's approval would fall short of a majority by 16 votes, anti-patent campaigners have claimed in a forecast analysis. This is due to a change in the voting weights in the Council of Ministers deriving from the Nice Treaty which entered into force on 1 November. The forecast assumes that countries which voted against or abstained in May would still vote in the same way.

• EU - William Hill did not infringe database rights, says court  +/-

  (out-law.com) The European Court of Justice surprised the British horseracing industry when it ruled that William Hill's use of horseracing data did not infringe the British Horseracing Board's database rights. The battle between William Hill and the British Horseracing Board was one of four cases upon which the European Court of Justice ruled on Tuesday. The other three cases concerned Fixtures Marketing Ltd, a company that grants licences for football fixtures. The ruling, to which there is no appeal, could leave both the football and horseracing industries out of pocket, according to commentators, as it may permit pools companies and gaming sites to re-publish fixture lists and racing details without having to pay licence fees for the privilege.

• EU strengthens fight against piracy and counterfeiting beyond its borders  +/-

  (RAPID) In an effort to halt the increase in piracy and counterfeiting, the European Commission has adopted a strategy for the enforcement of intellectual property rights in third countries. The action plan focuses on vigorous and effective implementation and enforcement of existing IPR laws. It proposes to identify priority countries where enforcement actions should be concentrated. Stress will be put on technical cooperation and assistance to help third countries fight counterfeiting but the Commission will not hesitate to trigger all bilateral and multilateral sanction mechanisms against any country involved in systematic violations. The Commission will foster awareness raising of users and consumers in third countries and support the creation of public-private partnerships for enforcement. see also EU strategy to enforce Intellectual Property Rights in third countries - facts and figures.

• UK - Row brewing over peer-to-peer ads  +/-

  (BBC) Music download networks are proving popular not just with an audience of youngsters keen to take advantage of free music but with advertisers equally keen to reach out to a captive audience. The debate over the legitimacy of file-sharing networks rages on as the music industry continues its threats to close the services down for good. Meanwhile the millions of downloaders are proving both an advertiser's dream come true and a branding nightmare. Wippit - a peer to peer service which provides paid-for music downloads - believes it is time advertisers stopped providing 'oxygen' for companies that support illegal downloading.

Data Protection (privacy)

• EU - Opinion on data retention  +/-

  (Art 29 Working Party) Opinion 9/2004 on a draft Framework Decision on the storage of data processed and retained for the purpose of providing electronic public communications services or data available in public communications networks with a view to the prevention, investigation, detection and prosecution of criminal acts, including terrorism. [Proposal presented by France, Ireland, Sweden and Great Britain (Document of the Council 8958/04 of 28 April 2004)] Adopted on 9th November 2004

• EU - US implementation of Safe Harbour privacy Principles  +/-

  (Europa) The implementation of Commission Decision 520/2000/EC on the adequate protection of personal data provided by the Safe Harbour privacy Principles and related Frequently Asked Questions issued by the US Department of Commerce. see also Safe Harbour Decision Implementation Study. EU: Transatlantischer Datenschutz bedarf der Verbesserung (Heise) von Monike Ermert

• Privacy International & EPIC Release Annual Global Privacy Study  +/-

  (Privacy International) A major international privacy report has concluded that governments across the world have substantially increased surveillance in the past year. The report warns that threats to personal privacy have reached a level that is dangerous to fundamental human rights. The 7th annual Privacy and Human Rights survey, published by Privacy International & the US based Electronic Privacy Information Center (EPIC) reviews the state of privacy in sixty countries and warns that invasions of privacy across the world has increased significantly in the past twelve months.

Domain names

• ICANN - Domain Name Transfer Policy Becomes Effective  +/-

  (ICANN) The Internet Corporation for Assigned Names and Numbers (ICANN) announced that its new inter-registrar domain name transfer policy has gone into effect. This enables domain name registrants to select the registrar that offers the best services and price. The new policy also simplifies and standardises the process to prevent abuses and provide clearer user information about the transfer process and options. All registrars are now required to use a clear standardised form of authorisation that provides for the express consent of the domain name registrant prior to the initiation of any transfer.

• ICANN seeks an identity  +/-

  (International Herald Tribune) ICANN has been busy lately, moving ahead on new Web address suffixes like .travel and streamlining a system for transferring domain names from one company to another. Amid this kind of routine business, Icann this week unceremoniously issued a 65-page plan that outlines its future. Within hours of its posting, the plan had ignited a new volley of criticism against the entity that at its heart is in charge of keeping the Internet running smoothly. see also ICANN Releases Strategic Plan for Public Comment (ICANN).

• UN - Working Group on Internet Governance  +/-

  (Press Release) Secretary-General Kofi Annan announced the establishment of the Working Group on Internet Governance (WGIG). The Working Group will prepare the ground for a decision on this issue by the second phase of the World Summit on the Information Society (WSIS), to be held in Tunis in November 2005. See also new acronym - Group of Friends of the Chair (GFC).

e-Government

• EU - Alle Rechtsdokumente in einer Internet-Datenbank  +/- Translate

  (Heise) Alle Rechtsdokumente der Europäischen Union sind jetzt im überarbeiteten Internetportal EUR-Lex zu finden. Nach dem Anschluss der Datenbank Celex bietet die Seite nun das EU-Amtsblatt, wichtige Dokumente wie den EU-Haushaltsplan, internationale Verträge und parlamentarische Anfragen, teilt die Vertretung der Europäischen Kommission in Berlin mit. Darüber hinaus liefert EUR-Lex Dossiers zu aktuellen Rechtsthemen. EU-Bürger können sich aber auch über die Grundsätze des Gemeinschaftsrechts und die Entscheidungswege in der EU informieren.

• US - Internet and Democratic Debate  +/-

  (Pew Internet & American Life Project) Wired Americans hear more points of view about candidates and key issues than other citizens. They are not using the internet to screen out ideas with which they disagree.

Electronic commerce

• WTO rules against US gambling ban  +/-

  (BBC) US laws prohibiting cross-border gambling break trade rules, the World Trade Organisation says. The WTO case was brought by the Caribbean state of Antigua and Barbuda, host to many of the online casinos whose use is illegal in the US. The ruling confirms a preliminary judgement issued in March. But the US said it will appeal and - as a last resort - could activate its right to change the deal under which it joined the WTO in the first place.

Information society and Internet policy

• EU - Challenges for Europe's Information Society beyond 2005  +/-

  (RAPID) The European Commission's view of the challenges that a European Information Society strategy up to 2010 needs to address are set out in a Commission communication. This communication highlights the need to step up research and investment in information and communication technologies (ICT), and to promote their take-up throughout the economy. ICT should be more closely tailored to citizens' needs and expectations, to enable them to participate more readily in socially fulfilling and culturally creative virtual communities. The challenges include electronic inclusion and citizenship, content and services, public services, skills and work, ICT as a key industry sector, interoperability of ICT networks and applications, trust and dependability and ICT for business processes. This communication is the starting point of a reflection process that will lead to the adoption of a new strategy during 2005.

Internet access and use

• FR - The Explosion of Broadband in France  +/-

  (ITU) France is in the midst of a broadband explosion during the last 12 months with the French Telecommunication Regulatory Authority (ART) playing a significant role in opening market access to new players. In a recent press briefing on the state of broadband access in France (PPT) , (ART) explains that the number of broadband subscribers has doubled in one year.

Junk mail (spam)

• NL - Two watchdogs join forces to fight spam  +/-

  (Digital Media Europe) The Dutch data protection agency, CBP, and the country's telecoms regulator, OPTA, signed a joint agreement on 19 October to begin sharing information and co-operate in other ways in fighting spam in the Netherlands. The agreement conforms to the wishes of the Dutch lower house and ministry of economic affairs, who have been pushing for these two agencies to work together.

• Should Microsoft own antispam?  +/-

  (CNET News.com) by Declan McCullagh. Internet companies are racing to roll out better methods to block junk e-mail, but have not resolved long-standing differences over how much influence Microsoft will have over the final technology. Microsoft's effort to convince the Internet Engineering Task Force to adopt its patented technology for e-mail authentication failed in September amid concerns it would cede too much control over the future of worldwide correspondence to one company. Since then, no progress has been made toward a resolution, engineers and lawyers said at a summit convened by the Federal Trade Commission and the National Institute of Standards and Technology.

Liability, jurisdiction and applicable law

• EU - Privacy, Piracy and Due Process in Peer-to-Peer File Swapping Suits  +/-

  (FindLaw) by Anita Ramasastry. Since 2003, the Recording Industry Association of America (RIAA) has been suing peer-to-peer (P2P) file swappers and downloaders. The RIAA alleges, in its suits, that P2P file swapping and downloading, when it involves pirated files, violates copyright law - and, at times, also the Digital Music Copyright Act (DMCA). RIAA typically files a "John Doe" lawsuit based on an Internet Protocol (IP) address connected to P2P trading via Kazaa, Grokster, Limewire, or another, similar system. The suit is often filed in the jurisdiction where the relevant Internet Service Provider (ISP) is located. Once the suit is filed, the RIAA subpoenas the ISP to force it to disclose the real name of the "John Doe" associated with the IP address. That person, however, is not necessarily the file trader - it may instead be a relative, college roommate, or landlord. And neither that person - nor the file trader, if he or she is a different person - is given prior notice and a chance to fight the subpoena. In a Pennsylvania civil copyright infringement action, Elektra Entertainment Group et al v. Does 1-6, the court held that before revealing the "John Does'" information, Penn must first alert the John Does; explain what has happen; and explain how they may contest the charges against them. The court also provided a model notice attached to its order for Penn to use.

• FR - Court rules in favour of ISP in Armenian genocide dispute  +/-

  (Reporters sans frontières) The central Paris court on 15 November 2004 handed down a first explicit decision on the Law on confidence in the digital economy (LEN), that judges an Internet hosting provider's responsibility for content - and found in favour of the provider. The case concerning the 1915 Armenian genocide and pitting the Armenian National Committee (CDCA) against the Turkish consul in France and Wanadoo, demonstrated the difficulty of applying the concept 'manifestly illegal' content, as introduced by the LEN law. The CDCA had laid a complaint against Turkish consul in Paris, Aydin Sezgin, and against Wanadoo in connection with articles contesting the Armenian genocide on the consulate's website.

• NL - Dutch government cracks down on 'radical' websites  +/-

  (Digital Media Europe) Following the murder of controversial Dutch film maker Theo van Gogh by a suspected religious extremist, the Dutch minister of home affairs and minister of justice have announced proposals to crack down on radical websites and their authors. To get a better handle on the situation, the government is proposing analysing controversial information posted on the internet, giving itself the power to order ISPs to shut down radical websites if necessary, and to set up online content monitoring groups.

• US - Jury awards $434,000 to woman who met husband online  +/-

  (AP) A federal jury awarded a woman $434,000 in damages after she sued an Internet matchmaking service that introduced her to her abusive husband.

Mobile and wireless

• Italy 'text tax' sparks outrage  +/-

  (BBC) Italians have reacted angrily to government proposals to bring in a tax on mobile phone text messages. With 27 billion text messages sent by Italy's residents last year, even a small surtax could raise a fortune. But Italians - who own more mobile phones and send more text messages per head of population than any other nation - are unlikely to support it.

• UK - Video phones act as dating tools  +/-

  (BBC) Technologies, from e-mail, to net chatrooms, instant messaging and mobiles, have proved to be a big pull with those looking for love.

Protection of minors

• UK - Why the web is not a safety net  +/-

  (BBC) We need to keep kids safe online, agrees technology analyst Bill Thompson, but we cannot just do what the children's charities want.

Racism and xenophobia

• Hate on the Net  +/-

  (INACH) Virtual nursery for In Real Life crime Compiled by the members, candidate-members & co-operation partners of the International Network Against Cyber Hate.

Rating and filtering

• DE - Bundestag streitet über Web-Sperrungen und Filter  +/- Translate

  (Heise) Im Prinzip waren sich bei einer Debatte im Plenum des Bundestags alle einig, dass Sperrungsverfügungen gegen Internet-Provider kein probates Mittel im Kampf gegen Schmutz, Schund sowie andere illegale und jugendgefährdende Inhalte im Netz sein können. Redner der rot-grünen Regierungskoalition betonten unisono mit Vertretern der Opposition, dass vielmehr internationale Absprachen, die Stärkung der Medienkompetenz der Nutzer, Selbstregulierungsmaßnahmen der Wirtschaft sowie von den Nutzern selbst auf ihren Rechnern in Betrieb genommene Filterprogramme gefragt seien. Dennoch stimmten die Abgeordneten von Rot-Grün letztlich gegen den von der FDP eingebrachten Antrag "Schutz vor illegalen und jugendgefährdenden Internetinhalten -- Filtern statt Sperren" (PDF), obwohl er genau diese Forderungen aufstellte.

• VeriSign and AOL To Demonstrate Prototype Of First "Safe Chat Room"  +/-

  (Press Release) VeriSign and America Online will demonstrate the first "safe chat room" for kids and teens that uses authentication technology to verify a child's age. The companies intend to work together to expand the use of this technology through schools and other youth and family-oriented venues. In addition, VeriSign and AOL plan to work to integrate VeriSign's new two-factor authentication tokens with AOL standards, to enable secure log-in and other security applications in the future for consumers seeking stronger authentication when accessing the Internet and associated services.

Safer Internet awareness

• EU - The SAFT awareness campaign - an example of best practice  +/-

  (SAFT) Elisabeth Staksrud, Project Coordinator SAFT. eSecurity conference Amsterdam 28.10.04. Culture of Security Track.

Telecommunications

• UK - BT told to open network to rivals  +/-

  (BBC) Telecoms regulator Ofcom has warned BT that it must demonstrate a willingness to provide its rivals with "real equality of access" to its phone lines. Reviewing BT's ownership of the great majority of the UK's physical phone lines, Ofcom said BT must take action or face a Competition Commission probe. Ofcom added that BT would have to make both "behavioural and organisational" changes. BT had faced the alternative threat of being broken into two separate firms.

Market & Technology

Portals, browsers and search engines

• Microsoft seeks top search spot  +/-

  (BBC) Computer software giant Microsoft has unveiled its new MSN search engine. The home grown search site rolls together many of the features and customisation tools seen on other search sites.

Statistics

• Most users unaware of PC infections  +/-

  (CNET News.com) A study of home PCs found that about 80 percent had been infected with spyware almost entirely unbeknownst to their users. The study, funded by America Online and the National Cyber Security Alliance, found home users mostly unprotected from online threats and largely ignorant of the dangers. AOL and the NCSA sent technicians to 329 homes to inspect computers.

Forthcoming events

• 2004-12-01 BE, Brussels - Workshop on Data Protection and Privacy  +/-

  (CEN/ISS) Open meeting - 1 December 2004. The CEN/ISSS Workshop is in the process of finalising its deliverables in the following areas: Generic set of contract clauses (Sponsored by the European Commission), Common European voluntary best practices for data controllers and data processors, Assesment of data protection audit practice (Sponsored by the European Commission), Technology impact analysis These will be presented at an open meeting on 1 December 2004.

• 2004-12-06 BE, Namur - Trans-border Data Flows (TBDF) and the Safe Harbour case  +/-

  (CRID) The Seminar aims at presenting the results of the study on the Safe Harbour Implementation and discussing alternatives for Trans-border Data Flows (TBDF). Article 25.1 of the EU Data Protection Directive sets out the principle that Member States shall only allow a transfer of personal data to take place if the third country in question ensures an adequate level of protection. see also Safe Harbour Decision Implementation Study prepared by Jan Dhont, María Verónica Pérez Asinari, and Prof. Dr. Yves Poullet (Centre de Recherche Informatique et Droit, University of Namur, Belgium) with the assistance of Prof. Dr. Joel R. Reidenberg (Fordham University School of Law, New York, USA) and Dr. Lee A. Bygrave (Norwegian Research Centre for Computers and Law, University of Oslo, Norway) at the request of the European Commission, Internal Market DG

• 2004-12-10 UK, Oxford - Reflecting on the Civil Society Agenda  +/-

  (OII) 10 December 2004, Oxford Internet Institute, 1 St Giles Oxford OX1 3JS. The 2003 World Summit of the Information Society (Geneva, 2003) generated a "Civil Society" declaration that emphasized a commitment to: "building information and communication societies that are people-centred, inclusive and equitable". How are these broad aims being translated into specific policy goals relating to such areas as access, connectivity, and content regulation? Why did some civil society groups who would share the declaration's aims decide not to participate in the WSIS process? These are some of the questions we want to reflect on in this agenda-setting seminar. We welcome contributions from civil society groups who participated in the debates and those who stayed away. We also welcome contributions from academics and policy makers.

Who's who

• Ron Plesser  +/-

  (Parry Aftab) Parry started this blog as a tribute for Ron Plesser, partner in the firm Piper Rudnick in Washington DC, who has died of a heart attack. He was one of the leading privacy lawyers in the United States.

Useful addresses

• RSS Feed (Really Simple Syndication)  +/-

  (BBC) RSS is an easy way for you to keep updated automatically on websites you like. Instead of you having to go to websites to see if they've written a new article or feature, you can use RSS (which stands for Really Simple Syndication) to get them to tell you every time they have something new. BBC News now offers RSS feeds (or channels) for most of its sections, eg World, Business, etc

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• a Web site with frequent updates, an events page, news items organised by category as well as chronologically by issue and full text search.