Legal and regulatory issues

Competition

• EU - Commission sends Statement of Objections to collecting societies  +/-

  (RAPID) The European Commission has sent a Statement of Objections to CISAC (the "International Confederation of Societies of Authors and Composers") and the individual national collecting societies that are members of CISAC. The Statement of Objections concerns the CISAC model contract and its implementation at bilateral level by CISAC members. This model contract concerns the collective management of copyright for every category of exploitation, for example the broadcasting of music in a bar, a night club or via internet. However, the SO concerns only certain relatively new forms of copyright exploitation: internet, satellite transmission and cable retransmission of music.

• EU - Microsoft's attack on EC is 'outrageous'  +/-

  (ZDNet UK) The Free Software Foundation Europe expressed outrage at Microsoft's criticism of the European Commission, and of the UK expert appointed to ensure that Microsoft complies with the antitrust ruling.

• EU - Microsoft's response to the Statement of Objections  +/-

  (Microsoft) Microsoft is making available its formal response to the Statement of Objections issued in December 2005 by the European Commission. The response details the evidence that Microsoft is in full compliance with the technical documentation requirements imposed by the Commission in 2004. It also details numerous ways in which the Commission had ignored key information and denied Microsoft due process in defending itself. Microsoft also is releasing two independent expert reports by software system engineering professors who examined the technical documentation created by Microsoft.

• EU - Telefónica accused of 'margin squeeze' for concerning broadband Internet access  +/-

  (Eurozap) The European Commission has decided to open formal proceedings against Spanish telecoms operator Telefónica concerning a so-called "margin squeeze" in the Spanish broadband Internet access markets. The spread between Telefónica's prices for wholesale broadband access requested from its competitors and the downstream tariffs for broadband Internet access paid by the consumers has been insufficient to cover Telefónica's own costs for the supply of such retail services.

Computer crime

• Bits and Bytes to Fight Child Pornography  +/-

  (Deutsche Welle) European forensic scientists have developed a state-of-the-art computer program to help track down child victims of sexual exploitation on the Internet.

• UK - Massive rise in child porn sites  +/-

  (Observer) The number of websites found to be offering child pornography to UK internet users increased by 75 per cent last year amid fears of an explosion in illegal images generated overseas. The sharp rise will alarm child protection campaigners and raise concerns that there has been a related increase in the number of people accessing child pornography sites.

• UK - More try to access net child porn  +/-

  (Press Association) Some 35,000 attempts to access child pornography websites are blocked in Britain every day, figures showed. The figures were compiled by BT, which accounts for around a third of the internet market, and it is feared the overall number could be much higher. They show that attempts to access the websites have tripled since the company introduced its screening technology in June 2004.

• US - Combatting crimes against children a top priority for Department of Justice  +/-

  (Missing Kids) Fighting cybercrime will be a top priority for the U.S. Department of Justice. U.S. Attorney General Alberto R. Gonzales announced the Project Safe Childhood Initiative to combat crimes against children facilitated by computers. The new initiative calls for strengthening resources available to law enforcement and a national prevention education campaign.

Consumer protection

• UK - ASA finds againist Wanadoo  +/-

  (CommsWatch) In an adjudication from the Advertising Standards Authority (ASA), Wanadoo has been criticised for giving the impression in advertisements that a broadband service of up to 8 Mbps was generally available to customers.

Content regulation

• AU - Aussies ban graffiti game  +/-

  (Inquirer) Australian censors have banned a game not because it contains sex and violence, but because they fear that it will encourage kids to spray paint graffiti.

• CN - China defends right to police Internet  +/-

  (Associated Press) China defended its right to police the Internet, one day after four American technology giants appeared before Congress on charges they collaborated with Beijing to crush free speech online in return for market access.

• CN - China's top monitor defends Internet censorship  +/-

  (New York Times) Chinese authorities are determined to stop 'harmful information' from spreading through the Internet, but the controls it places on Web sites and Internet service providers in mainland China do not differ much from those employed by the United States and European countries, a senior Chinese official responsible for managing the Internet said.

• CN - Wikipedia finds fans, censors  +/-

  (Washington Post) Its on-again, off-again attempts to disrupt access to the Wikipedia site highlight the Communist Party's deep ambivalence toward the Internet: The party appears at once determined not to be left behind by the global information revolution and fearful of being swept away by it.

• EU - Danish cartoon row renews push for EU media code  +/-

  (EUObserver) European Commission vice-president Franco Frattini has said media should sign up to a voluntary code of conduct on reporting on Islam and other religions, in a bid to avoid future Danish cartoon-type disputes. In an interview with the Daily Telegraph, Mr Frattini argued that the cartoons in Danish paper Jyllands-Posten 'humiliated' millions of Muslims. He said journalists and media chiefs should be aware of their responsibility when exercising their right of freedom of expression, and that they should voluntarily agree to self-regulation in cases where sensitive religious issues are involved. The European Commission is planning to discuss details of such a code of conduct with press organisations and major media outlets in the coming months.

• UK - Radio 1 rapped for 'sex trailers'  +/-

  (BBC) BBC Radio 1 has been criticised by media watchdog Ofcom for broadcasting fake adverts for sex chatlines. The adverts, played at 4.20pm, included 'sounds of graphic sexual moans and groans', were trailers for advice show Sunday Surgery. The BBC said the ads formed part of a safe sex campaign on the show. But Ofcom said the trailers, which attracted 14 complaints, were 'totally inappropriate' and found the BBC in breach of its guidelines.

• US - Yahoo! appeals for support in censorship row  +/-

  (Guardian) The internet company Yahoo! sought to blunt criticism of its business practices in China in advance of what is expected to be a gruelling hearing in Washington. In a 'statement of beliefs' Yahoo! said it was 'deeply concerned' by some governments' efforts to control access to the web. But it said private firms alone could not bring about change and called on the Bush administration to do more.

• US -The worst of the Net  +/-

  (CommsWatch) A US Congressional body held a hearing on the involvement of American companies in the controlling of Internet access by Chinese users. But there is a more serious issue that American politicians and industry are not adequately addressing. The UK's Internet Watch Foundation found last year that 40% of all reports of child abuse images on the Net were hosted in the United States.

Copyright, trademarks and patents

• FR - Inquiry set for French file-sharing plan  +/-

  (Reuters) France's Culture Minister Renaud Donnedieu de Vabres is set to be questioned by the parliamentary commission for cultural affairs and the commission for economic affairs about plans for a controversial law that would legalize file-sharing of music and films. The project has worried the music, film and television industries because it would make France the first country to allow unlimited peer-to-peer downloading for a flat fee of several euros a month.

• Newspapers want search engines to pay  +/-

  (CNET News.com) The World Association of Newspapers (WAN) intends to 'challenge the exploitation of content' by the Googles and MSNs of the Web. WAN executives want to explore their options and added that they understand search engines help them in one way: aggregating content and packaging it for consumers. But WAN noted that Web companies also 'built their business models in large part on taking content for free.'

• The Internet, Creativity and Copyright Incentives by Paul Ganley  +/-

  (SSRN) by Paul Ganley. Baker & McKenzie LLP. Journal of Intellectual Property Rights, Vol. 10, p. 188, 2005. The copyright industries savour their role as critical intermediaries in the copyright supply chain. To this end they are continually seeking to strengthen their legal entitlements by arguing that stronger copyright incentives fuel future creative action. But the reality of creativity is different from the linear economic reward/action relationship that these industries promote.

• UK - Gowers Review of Intellectual Property - call for evidence  +/-

  (OfcomWatch) The Gowers Review of Intellectual Property has issued a call for evidence as part of its commitment to consult widely. Responses to the call for evidence have been requested by Friday 21 April 2006.

• UK - Police unit targets film piracy  +/-

  (BBC) A police unit dedicated to combating movie piracy and those responsible for the manufacture and distribution of pirated films has launched in London. In partnership with the Federation Against Copyright Theft (Fact), the new unit will pursue individuals and groups profiting from the sale of fake DVDs.

• US - MPAA sues newsgroup, P2P search sites  +/-

  (CNET News.com) The Motion Picture Association of America has sued a new round of popular Web sites associated with movie piracy, including several that serve as search engines but do not distribute files themselves. Unlike a traditional search engine such as Google, the sites targeted are filled almost exclusively with links and references to copyright movies, software and music. The MPAA has had a string of successes targeting sites that distribute movies in the BitTorrent file format and collaborated with Swiss and Belgian police to shut down a major European server called Razorback 2, part of the eDonkey network.

• Whose words are they anyway?  +/-

  (Guardian) by John Halton. In a blaze of international publicity, the World Association of Newspapers announced that it is considering legal action against Google News, which it accuses of 'building a new medium on the backs of our industry, without paying for any of the content'. This follows earlier objections to the Google Print service - Google's plans to scan millions of books have attracted opposition from publishers and authors. But what is its legal position faced with these objections?

Data Protection (privacy)

• EU - Data Retention Directive endorsed by Ministers  +/-

  (out-law.com) Ministers at the Justice and Home Affairs Council adopted the controversial Data Retention Directive with a qualified majority. Irish and Slovak Ministers voted against the measure. The Directive aims to harmonise Member States' provisions relating to the retention of communications data, in order to ensure that the data, which can identify the caller, the time and the means of communication, is available for the purpose of the investigation, detection and prosecution of serious crime. The Directive is not concerned with the content of the communications.

• Big Risks Come in Small Packages  +/-

  (Wired) by Bruce Schneier. Our digital devices have all gotten smaller, while at the same time they're carrying more and more sensitive information.

• US - Changing Technology Makes Government Surveillance More Intrusive  +/-

  (CDT) CDT has released a report about how privacy law has failed to keep pace with technology. The report, Digital Search & Seizure: Updating Privacy Protections to Keep Pace with Technology, calls for an in-depth Congressional review of the ways digital technology makes government surveillance easier and more intrusive. CDT's report focuses on three developments: Online storage, location technologies and keystroke loggers.

Electronic commerce

• EU - Country of origin rule cut from Services Directive  +/-

  (out-law.com) MEPs adopted a watered-down draft Services Directive, removing the "country of origin" principle that would have entitled European traders to work in any of the 25 Member States while complying only with the relevant laws of their home state. MEPs have adopted a "freedom to provide services" provision. This requires that Member States respect the right of the service provider to supply services and guarantee the provider "free access to and free exercise of a service activity within its territory".

• IT - Italian Gov't Declares War on Illegal Online Gambling  +/-

  (Ohmynews) AAMS, the Italian governmental agency in charge of controlling state monopolies, said some 517 'illegal' or 'unauthorized' gambling Web sites are going to be obscured by an ISP level filter so that Italian Internet users will not be able to connect to them. Italian ISP's (Internet Service Providers) have also been ordered to deny access to several Chinese Web sites showing 'Serie A' soccer games.

Information society and Internet policy

• How to Build an Internet Governance Forum  +/-

  (CircleID) by Milton Mueller. Public consultations on the new "Internet Governance Forum" being created by the United Nations will be held in Geneva February 16-17. The Internet Governance Project has released a new discussion paper explaining how the Forum could work.

• ICANN -Die Internet-Verwaltung und die Netzpolitik: Machtfrage ungelöst  +/-

  (Heise) Der Auseinandersetzung um die Machtverteilung im Netz geht in die nächste Runde. Eine direktere Einflussnahme aller Regierungen und nicht allein der USA forderte Michael Leibrandt vom Bundesministerium für Wirtschaft (BMWi). Dort, wo öffentliche Interessen berührt sind, sollten alle Regierungen mitentscheiden, betonte er beim Domainpulse-Treffen der deutschsprachigen Domain-Registries DeNIC, Switch und Nic.at.

• WSIS - IGF - Quatschbude oder Kreativitätstube?  +/-

  (Heise) von Wolfgang Kleinwächter. Der 2. UN-Weltgipfel zur Informationsgesellschaft (WSIS) hatte im November 2005 in Tunis nach monatelangen zähen Verhandlungen über die Zukunft des Internet beschlossen, ein neues Internet Governance Forum (IGF) zu gründen. Der Kompromiss überdeckte nur die Konflikte, die bei der Vorbereitung des Forums jetzt wieder aufzubrechen drohen. Ende der Woche finden in Genf die ersten IGF-Konsultationen statt.

Internet access and use

• E-mail changes spark two-tier fears  +/-

  (BBC) Fee-based systems for commercial e-mails raise the spectre of the two-tier internet, writes internet law professor Michael Geist.

• Net video explosion triggers traffic jam worries  +/-

  (CNET News.com) More than 60 percent of Internet traffic is being taken up by peer-to-peer swaps, and about 60 percent of those swaps involve video content. And there is a growing amount of legitimate content from companies such as Apple Computer, MovieLink and Google Video. Big ISPS such as AT&T have already argued that they should be able to charge companies such as Google or Yahoo for an extra tier of service, ensuring their content arrives swiftly at its destination. Web companies and civil libertarians have bitterly criticized this idea, calling for "network neutrality" that doesn't relegate other content to a slow lane, or pass along costs to consumers.

• US - Vint Cerf condemns two-tier internet  +/-

  (The Register) Vint Cerf told Congress that ideas proposed by telecoms companies for a two-tier internet were fatally flawed and, if necessary, legislation should be passed to make it impossible. Giving evidence to the Senate Commerce, Science and Transportation committee, Cerf called for a 'net neutrality' law to force broadband providers to give equal access to any website or application. see also The End of the Internet? by Jeff Chester and Senators Mull an Internet With Restrictions by Celia Viggo Wexler and Dawn Holian (The Nation).

Junk mail (spam)

• E-mail charging plan to beat spam  +/-

  (BBC) AOL and Yahoo plan to charge fees of up to one cent (US) per message to those that sign up for the service. Paying the fees means that messages will not go through spam filters, are guaranteed to arrive and will bear a stamp of authenticity.

Liability, jurisdiction and applicable law

• EU ministers clash on media libel and defamation rules  +/-

  (EUobserver.com) EU justice ministers have agreed to halt far-reaching plans to establish common EU rules on cross-border disputes, following fears that parts of the law would violate freedom of expression. The proposed law aims to define which national law applies in disputes where individuals or companies from different countries are involved, including non-EU member states. According to the proposal tabled by the commission, the law in the country in which the alleged damage occurred would bear the law. But EU ministers had failed to agree on this principle being applied to national liability laws for the media, dealing with defamation of private citizens, public figures or religious icons in the press.

Mobile and wireless

• EU - Mrs Reding announces Regulation on roaming costs  +/-

  (RAPID) Towards a true internal market for electronic communications. Speech by Viviane Reding, Member of the European Commission responsible for Information Society and Media, European Regulators Group, Paris, 8 February 2006. I have asked my services to start working on an EU regulation on international roaming charges that the European Commission could propose to the European Parliament and the Council well before the summer break. When we come to review the regulatory framework in 2006, we may agree that there is no need for increasing the Commission powers substantially, but there is room for improvement in getting regulators to think beyond their national boundaries. As we go forward, I would ask for your support on using the ERG, not just as a source of regulatory expertise for its members, but also for the purpose of delivering more of a genuine internal market than has been the case to date, for example by seeking more consistency in the imposition of remedies.

• AU - Ring tones drain kids' pockets  +/-

  (Sydney Morning Herald) Children continue to be sucked into signing up for costly ring tone subscriptions despite moves to crack down on the industry. A 12-year-old was recently charged $80 in fees when she thought she had bought a one-off ring tone. She had responded to a television ad from ring tone company Jamster, notorious for its Crazy Frog icon. Like many children, she had not read the fine print on the screen and did not realise she had signed up for a weekly subscription rather than a single ring tone.

• EU - Mobile roaming: Call for Comments  +/-

  (RAPID) The European Commission believes that consumers continue to pay unreasonably high prices for using their mobile phone abroad. This is reducing cross-border use of mobile phones and presents an obstacle to the European market for electronic communications, so the Commission has started work on an EU regulation on international roaming charges. Your views are welcome by close of business on 17 March 2006.

• How to Regulate Tomorrow's Mobile Market  +/-

  (ITU) 10 Regulatory Principles from the GSM Association. More regulation while competition is increasing? That does not sound right, according to the GSM Association. Instead, given the innovative nature of 3GSM, its embryonic status and the current lack of market and legal certainty, regulatory forbearance is advisable.

• Leading Mobile Operators to Deliver Ubiquitous Instant Messaging  +/-

  (Press Release) The GSM Association (GSMA) announced an initiative to make instant messaging as popular and ubiquitous among mobile users as text messaging. As part of this initiative, 15 of the world's leading mobile phone operators plan to rollout instant messaging services that will work across networks.

• Leading Operators Join Forces to Tackle Mobile Spam  +/-

  (Press Release) The GSM Association (GSMA) has brought together 15 of the world's leading mobile phone operators to sign a code of practice committing them to work together to minimize spam sent via text and picture messages.

• UK - Mobile phone users get licence warning  +/-

  (Guardian) Mobile phone users excited at the prospect of watching television on their Nokias and Sony Ericssons without a TV licence face the same fines as those caught without one at home.

Portals, browsers and search engines

• US - DoJ hits back at Google over search logs  +/-

  (PC Pro) The US Department of Justice has hit back at Google over the search engine's refusal to hand over search records. The Department of Justice says it needs the search files in order to demonstrate that sites offering pornographic images of children are not only widespread but can be easily found.

Protection of minors

• US - Scenes From the MySpace Backlash  +/-

  (Wired News) Around the country, school teachers and administrators hold community conferences or send home bulletins alerting parents to the dangers of allowing their kids to use MySpace unsupervised. Concerns over the site fall generally into two categories: unease over the type of content teens are posting, and fear of the type of people they're meeting. see also A MySpace Cheat Sheet for Parents, MySpace In Sex Assault Probe (AP) , MySpace in the News: 'Tipping point'? (NetFamilyNews), Protect Kids On MySpace (CBS News) by Larry Magid and Blogsafety.com.

Racism and xenophobia

• AT - Irving gets three years' jail for Holocaust denial  +/-

  (Independent) David Irving was sentenced to three years in jail by an Austrian judge for denying, in two speeches he made 16 years ago, the existence of the gas chambers of the Second World War and the murder of six million Jews.

Safer Internet awareness

• UK - Net safety 'should be compulsory'  +/-

  (BBC) Internet safety and how to avoid online paedophiles should be part of the national curriculum, a leading academic has said. Dr Rachel O'Connell, The director of the Cyberspace Research Unit at the University of Central Lancashire, said it should be compulsory in schools. Her call coincided with the launch of a new website offering internet safety tips for parents and children was launched for European Safer Internet Day.

Standards

• EU - Digital interactive TV: Voluntary standards best  +/-

  (RAPID) Compulsory technical standards imposed by regulators are not necessary for the roll-out of interactive digital TV in Europe. This dynamic market is best served by voluntary, industry-led standardisation initiatives, said the European Commission in a new Communication on interoperability of digital interactive TV. see also Frequently Asked Questions.

Technology

• EU proposes technology flagship  +/-

  (BBC) The European Commission has unveiled plans for a world-class institute of technology intended to boost the EU's economic competitiveness. It would consist of a small central core organising EU-wide research teams. The move is a response to surveys which show that only a handful of European universities can compete with the world leaders, which are mostly in the US.

Telecommunications

• EU - Telecom markets: investments and innovation up, outlook positive  +/-

  (RAPID) Growing competition, especially in retail markets, is bringing increased consumer benefits and the outlook for innovation and investment within Member States and across borders is positive, says the European Commission's latest Report on European Electronic Communications Regulation and Markets. Member States have made good progress in implementing the EU telecom rules of 2002, which is opening up markets to new entrants. The report highlights rapid take-up of high-speed broadband internet connections.

Terrorism

• DK - La police ferme un site internet pour soutien au terrorisme  +/-

  (AFP) La police danoise a demandé à un fournisseur d'accès internet de supprimer sur le site de députés de la Liste de l'Unité (ex-communistes) un appel de soutien indirect à des associations inscrites sur la liste des organisations terroristes de l'Union européenne.

Market & Technology

Digital content

• Frustrated author? Publish yourself  +/-

  (Guardian) The technology to self-publish, using print-on-demand facilities, has been around for years but is now getting cheaper and easier with the publisher doing everything from the ISBN number to placing your tome on Amazon.

Health

• UK - Virgin urges users to practise safe text  +/-

  (vnunet.com) Virgin Mobile has launched a website which explains how to avoid repetitive strain injury (RSI) from sending too many text messages.

Market

• UK - Fleet Street's multiplex  +/-

  (Guardian) Greed and inertia explain why DVDs now help to sell newspapers.

Mobile and wireless

• Mobile services vie for attention  +/-

  (BBC) A record 50,000 visitors and nearly 1,000 exhibitors crammed themselves into the 3GSM World Congress in Barcelona. Is this year really going to be as big for mobiles as the industry seems to believe?

• UK - Mobile tracking devices on trial  +/-

  (BBC) Your mobile phone is a beacon - a radio transmitter in a box. Therefore it is possible to trace the signal and work out where it is. There are now several web companies which will track your friends' and family's phones for you, so you always know where they are. But just how safe is it to make location details available online?

Portals, browsers and search engines

• DE - BMW given Google 'death penalty'  +/-

  (BBC) Search giant Google has 'blacklisted' German car manufacturer BMW for breaching its guidelines. Investigations by Google found that BMW's German website influenced search results to ensure top ranking when users searched for 'used car'. Google has now reduced BMW's page rank to zero, ensuring the company no longer appears at the top.

• Google takes aim at chat rivals  +/-

  (BBC) Google is to integrate its popular e-mail service with instant messaging, allowing users to chat and send e-mails from the same web browser window. The company hopes the new feature, known as Gmail Chat, will attract users by offering instant messaging without having to use a separate program.

Statistics

• CA - Young Canadians in a Wired World  +/-

  (Media Awareness Network) Young Canadians are more connected than ever, and at a surprisingly early age. The second phase of the Young Canadians in a Wired World (YCWW) research project reveals that an astonishing 94 percent of young people access the Internet from home, with students as early as Grade 4 beginning to rely on the Internet to explore social roles, stay connected with friends and develop their social networks.

• Do consumers understand mobiles?  +/-

  (CommsWatch) A poll on consumer understanding of mobile phones has been conducted ahead of the 3GSM World Congress. The Netonomy/YouGov poll found that 79% cent of respondents believe mobile phone services are getting more complicated to understand and configure (up from 71% a year ago). The survey also found that, of non-3G users, less than half (41%) of respondents are confident that they would find 3G phones and services easy to use, while only 4% of respondents were planning to upgrade to a 3G phone.

• UK - Good news and bad news on Net connectivity  +/-

  (CommsWatch) The figures on Internet connectivity issued today by the Office of National Statistics (ONS) provide good news and bad news. The good news is that broadband take-up is storming ahead and now accounts for almost two-thirds of all Net users in the UK (the actual figure is 64.2%). The bad news is that, while narrowband users have been upgrading to broadband, the overall number of the Net has virtually plateaued.

• Welcome To The Blogosphere: Population 27.2 Million And Growing  +/-

  (TechWeb News) A new blog is created every second and the phenomenon has grown 60 times larger than it was three years ago, says Technorati in its periodic 'State of the Blogosphere'. There are about 27.2 million blogs and 75,000 new ones created each day. At that rate, the blogosphere doubles about every 5.5 months.

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