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-
- Computer underground Digest Thu Dec 19, 1996 Volume 8 : Issue 90
- ISSN 1004-042X
-
- Editor: Jim Thomas (cudigest@sun.soci.niu.edu)
- News Editor: Gordon Meyer (gmeyer@sun.soci.niu.edu)
- Archivist: Brendan Kehoe
- Shadow Master: Stanton McCandlish
- Field Agent Extraordinaire: David Smith
- Shadow-Archivists: Dan Carosone / Paul Southworth
- Ralph Sims / Jyrki Kuoppala
- Ian Dickinson
- Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
-
- CONTENTS, #8.90 (Thu, Dec 19, 1996)
-
- File 1--NetAction Notes No. 9
- File 2--Report of working party on illegal/harmful Net Content (fwd)
- File 3--Cu Digest Header Info (unchanged since 13 Dec, 1996)
-
- CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION ApPEARS IN
- THE CONCLUDING FILE AT THE END OF EACH ISSUE.
-
- ---------------------------------------------------------------------
-
- Date: Thu, 5 Dec 1996 02:39:25 -0800 (PST)
- From: Audrie Krause <akrause@igc.apc.org>
- Subject: File 1--NetAction Notes No. 9
-
- NetAction Notes
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- Published by NetAction Issue No. 9 December 5, 1996
- Repost where appropriate. Copyright and subscription info at end of message.
- * * * * * * *
- IN THIS ISSUE:
- Resources for Virtual Activists
- How to Help NetAction
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
-
- Resources for Virtual Activists
-
- There are many useful resources available for Virtual Activists, and the
- number and variety of these resources is growing constantly. This issue of
- NetAction Notes focuses on some that I consider particularly useful. I
- welcome feedback from readers about other online resources for political
- activism, and will pass along information about your favorites in future
- issues of NetAction Notes. There is also an extensive listing of activist
- resources on the NetAction Web site at: <http://www.netaction.org>.
-
- This sampler includes a Web site for contacting Congress, a few good books
- on the subject of Internet and grassroots activism, upcoming conferences on
- the role of the Internet in politics and the potential for fundraising
- online, and an innovative online training in civil disobedience.
-
- Since all of these resources are aimed primarily at activists in the U.S., I
- hope that readers outside the U.S. will share information about similar
- online resources elsewhere.
-
- Congress Online ==========
-
- Two consulting firms recently announced a new interactive information
- service that makes it possible for organizations to more easily mobilize
- grassroots political activism. One of the services is available without
- cost on the Internet, and is an excellent tool for activists to bookmark and
- non-profit organizations with Web sites to link to. The Web site provides
- contact information and background on members of Congress.
-
- The Web site is called Congress.org <http://www.congress.org>. There is
- also a fee-based service, aimed at corporations and trade associations, that
- customizes the information for the customer's own Web sites for their
- members and other users. Volunteers with technical skills might want to
- consider helping non-profit groups in their community develop similar
- resources, since grassroots groups are seldom able to pay for these services.
-
- The Congress.org Web site includes a comprehensive database of
- Representatives and Senators, their committee assignments, and a list of key
- people on their staffs. The information has been updated for the new 105th
- Congress, which will convene on Jan. 7, 1997. The site also includes a
- feature that enables visitors to find their own members of Congress by
- typing in the nine-digit ZIP code. The developers say this is a more
- accurate system than Web sites that use the five-digit ZIP code. The
- individual listings have a wealth of background information, and the site
- includes a primer on the legislative process, and tips on lobbying.
-
- The site is a joint project of Issue Dynamics Inc. (IDI) <http://idi.net>
- and Capitol Advantage (CA) <http://congress.nw.dc.us/>.
-
- A Few Good Books ==========
-
- The Activist's Handbook by Randy Shaw, and NetActivism: How Citizens Use the
- Internet, (ADD URL) by Ed Schwartz, are two great resources for longtime
- activists and those who are just getting started. And to help pay the
- bills, Fundraising on the Internet, by Nick Allen, Mal Warwick, and Michael
- Stein, provides practical information on how non-profit organizations can
- use the Internet to communicate with members and raise funds to support
- activist work.
-
- Randy Shaw is Director and Supervising Attorney for the Tenderloin Housing
- Clinic in San Francisco, and a longtime activist on urban issues. A primer
- on effective organizing strategies, The Activist's Handbook explains how to
- inspire "fear and loathing" in politicians, how to build diverse coalitions,
- and how to harness the media, the courts, and the electoral process to
- achieve one's goals. The pro-active strategies discussed in the book are
- useful whether the goal is to improve housing for the urban poor, preserve a
- natural resource, or expose a corporate abuse.
-
- The Activist's Handbook Web site also has links to The Activist's Angle:
- Analysis, Advice, and Strategy, which is a monthly column that elaborates on
- the strategies and tactics described in The Activist's Handbook. The column
- is currently available on the Web, but when I spoke with Randy earlier this
- week he indicated that he may soon be distributing it via E-mail.
-
- Information on how to purchase The Activist's Handbook by mail-order or fax
- is available on the Web at <http://www.igc.org/activist/>.
-
- Ed Schwartz is a longtime activist and political leader in Philadelphia and
- heads the Institute for the Study of Civic Values,
- <http://libertynet.org/~edcivic/iscvhome.html>. He was one of the first
- activists to recognize the potential of the Internet as a tool for
- grassroots political organizing. NetActivism is an excellent non-partisan
- primer on using the Internet for organizing, outreach, and
- coalition-building around political issues. The book is useful both to
- longtime activists who are new to the Internet and longtime computer users
- who are new to activism.
-
- On a more personal note, I had the honor of meeting Ed earlier this fall
- when he agreed to make a brief detour to San Francisco to meet with Bay Area
- Internet activists while on the West Coast to speak in Portland, OR. As a
- result of the seeds he planted during that visit, one of the individuals who
- attended his talk is now volunteering technical support to set up a
- community network in San Francisco's Sunset District. Information on the
- neighborhood network that Ed helped establish in Philadelphia is available
- at <http://libertynet.org/community/phila/natl.html>.
-
- NetActivism may be purchased directly via the Web at
- <http://www.netaction.org>. O'Reilly & Associates, Inc., has agreed to
- donate a portion of each sale made via NetAction's Web page to NetAction.
-
- Fundraising on the Internet explains how non-profit organizations are
- beginning to use E-mail and the Web to communicate with existing members,
- attract new members, and raise funds to support their mission. Nick Allen
- and Mal Warwick are consultants at Mal Warwick & Associates, a direct mail
- fundraising and marketing consulting firm that assists non-profits with
- membership-building and fundraising. Michael Stein is the outreach and
- special projects manager at the Institute for Global Communication (IGC).
-
- Fundraising on the Internet includes a chapter I wrote about incorporating
- E-mail outreach into the organizing of a special event, as well as numerous
- examples of innovative and successful Internet fundraising strategies.
- The book also explains how traditional direct mail strategies can be
- transferred to the Internet.
-
- This book is available by calling a toll-free number, 1-800-217-7377. In
- the interest of full disclosure, I should add that I do *not* receive
- royalties for the chapter I contributed, which was based on my experience in
- organizing a successful fundraising dinner for Computer Professionals for
- Social Responsibility (CPSR).
-
- Activist Conferences ==========
-
- For activists in the San Francisco Bay Area -- or those who'd like a good
- excuse to visit -- two upcoming conferences are of interest. I have a
- limited number of discount registration forms for those might be interested.
-
- The all-day Politics Online Conference will take place Thursday, Dec. 12, in
- the South San Francisco. Organizers planned this event for political,
- public affairs, public relations, media and technology professionals
- interested in learning in a non-partisan environment how best to deploy
- online communication technologies. Topics include pioneering online efforts
- of the '96 campaigns, and examples of Internet activism.
-
- Information is available by E-mail at answer@flyingkite.com, or on the Web
- at <http://www.flyingkite.com/main/caconfer.htm>. The first Politics Online
- Conference was first held in April in Washington, D.C., and transcripts from
- that event are at <http://www.flyingkite.com/main/politics-online.htm>.
-
- A second conference scheduled for Friday, January 17, 1997, in San
- Francisco, will focus on Fundraising on the Internet. I attended the first
- of these events last July, and found it to be a very useful introduction to
- how non-profit organizations can use the Internet to communicate with and
- motivate their members and use the Web and E-mail as fundraising tools.
-
- For registration information, send E-mail to mwosi@malwarwick.com, or phone
- Mwosi Swenson at 510-843-8888. Participants will also receive a copy of
- Fundraising on the Internet.
-
- Civil Disobedience Online ==========
-
- ACT UP/NY (The AIDS Coalition to Unleash Power), Free Speech TV, and DIVA TV
- (Damned Interfering Video Activists) recently teamed up to produce a
- 30-minute civil disobedience training over the Internet. This innovative
- effort was one of the first attempts to use the Internet's video and audio
- capabilities to train political activists.
-
- Video and audio versions of this training are available on the Web sites of
- Free Speech TV at <http://www.freespeech.org> and ACT UP at
- <http://www.actupny.org>.
- You will need a sound card, and the RealAudio player (available for
- free at <http://www.realaudio.com> or the VDOLive player (available for free
- at <http://www.vdo.net/download/> to access the site.
-
- ACT UP, which is well known for AIDS awareness campaigns directed at
- government inaction and drug company profiteering AIDS, is generally
- credited with reviving disobedience tactics in the U.S. after a period in
- which the tactic was not widely used by progressive activists. The
- 30-minute online training is distilled from the five-hour sessions that ACT
- UP regularly hosts. It explains how and why activists use civil
- disobedience and describes the steps that need to be taken to ensure that a
- civil disobedience campaign is both safe and successful.
-
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
-
- How to Help NetAction
-
- Membership in NetAction supports continued publication of NetAction Notes,
- as well as a wide range of organizing and training activities. NetAction
- projects include helping grassroots organizations harness the power of the
- Internet as a tool for outreach and advocacy; helping activists who are
- already using the Internet do a more effective job of building a base of
- grassroots support for technology-based social and political issues; and
- promoting more widespread access to information technology by organizing
- hands-on demonstrations of the Internet.
-
- Please join NetAction today by sending a check payable to NetAction/Tides
- Center to: NetAction, 601 Van Ness Ave. #631, San Francisco, CA 94102.
-
- Regular membership is $50 per year; student/senior/low-income membership is
- $25 per year; sustaining membership is $100 per year; non-profit
- organization membership is $125 per year; and corporate membership is $250
- per year.
-
- NetAction brochures are available for distribution at conferences and other
- events. If you would like a supply of brochures to distribute, send email to:
- akrause@igc.org, and include your name and the mailing address where you
- would like the brochures sent.
-
- Thanks for your support!
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- Copyright 1996 by NetAction/The Tides Center. All rights reserved.
- Material may be reposted or reproduced for non-commercial use provided
- NetAction is cited as the source.
-
- NetAction is a project of The Tides Center, a 501(c)(3) non-profit
- organization. NetAction is dedicated to promoting effective grassroots
- citizen action campaigns by creating coalitions that link online activists
- with grassroots organizations, providing training to online activists in
- effective organizing strategies, and educating the public, policymakers and
- the media about technology-based social and political issues.
-
- To subscribe to NetAction Notes, send a message to: <majordomo@manymedia.com>.
- The body of the message should state: <subscribe netaction>
-
- To unsubscribe at any time, send a message to: <majordomo@manymedia.com>
- The body of the message should state: <unsubscribe netaction>
-
- For more information about NetAction, contact Audrie Krause:
- E-mail: akrause@igc.org * Phone: (415) 775-8674 * Web: http://www.netaction.org
- Or write to: NetAction 601 Van Ness Ave., No. 631 San Francisco, CA 94102
-
- ------------------------------
-
- Date: Wed, 4 Dec 1996 14:31:22 +0100 (NFT)
- From: "Ulf [ISO-8859-1] M=F6ller" <um@c2.net>
- Subject: File 2--Report of working party on illegal/harmful Net Content (fwd)
-
- Source - fight-censorship@vorlon.mit.edu
-
- http://www2.echo.lu/legal/en/internet/content/wpen.html
-
- WORKING PARTY
-
- ON ILLEGAL AND HARMFUL CONTENT
- ON THE INTERNET
-
- Report
-
- ----------------------------------------------------------------------
-
- 1. Introduction
-
- At the informal Council meeting held in Bologna on 24 April 1996,
- European Telecommunications Ministers and Culture Ministers identified
- the issue of illegal and harmful content on the Internet as an urgent
- priority for analysis and action. While it was recognised that
- existing national laws apply to the Internet, agreement in a wider
- context appeared necessary to address the challenges raised by the
- specific nature of the Internet. The Commission was therefore asked to
- produce an analysis of the problems and to assess in particular the
- desirability of European or international regulation.
-
- At the end of September 1996 different Councils discussed subjects
- that were relevant for the request emerging from the Bologna Council.
- The informal meeting of Ministers of Justice and Home Affairs (26-27
- September 1996, Dublin) discussed further co-operation between Member
- States to combat trade in human beings and sexual abuse of children,
- and reached informal agreement on three action projects.
-
- The Ministers of Culture and Audiovisual meeting in Galway on 25 and
- 26 September 1996 welcomed the fact that the issue of protection of
- minors and human dignity, in particular on the Internet, was going to
- be addressed in a Green Paper which would soon be submitted by the
- Commission.
-
- The Council of Telecommunications Ministers of 27 September 1996,
- following on from the informal Bologna Council held a broad exchange
- of views on the question of preventing the dissemination, via the
- Internet or similar networks, of illegal material and in particular
- material containing, or likely to lead to, violence against or sexual
- exploitation of children.
-
- It noted the transnational dimension of this problem and the
- consequent need to address it at national, European as well as
- international level.
-
- The Council agreed to extend the working party established following
- the Bologna informal meeting to include representatives of the
- Ministers of Telecommunications as well as access and service
- providers, content industries and users.
-
- The Council requested the Working Party to present concrete proposals
- for possible measures to combat the illegal use of Internet or similar
- networks in time for the Telecommunications Council of 28 November.
- The UK measures presented during the Council meeting should also be
- taken into account.
-
- The Industry Council of 8 October 1996 recognised the need for further
- analysis of the issues underlying development of information society
- policy internationally and the need for co-ordination between
- initiatives relating to the subject. The German proposal to host an
- international conference dedicated to this end to be prepared in close
- co-operation with the Commission and Member States was welcomed.
-
- The present report is a first response to the Council's request of 27
- September 1996. It takes account of the two papers that were recently
- published by the Commission: the Communication on illegal and harmful
- content on the Internet and the Green Paper on the Protection of
- Minors and Human Dignity in audiovisual and information services and
- elaborates in practical terms some of the proposals.
-
- 2. Scope of the report
-
- Illegal content in the context of this report means content which is
- forbidden by national law. Although breaking the law may involve
- different types of sanction (civil damages for breach of copyright,
- for instance 1), the most serious types of illegal content are
- forbidden by the criminal law, which is the type of illegal content
- which this report refers to. Harmful content means both content which
- is allowed but whose distribution is restricted (adults only, for
- instance) and content which may offend certain users. This
- distinction, which is not intended as a legal definition, is dealt
- with in detail in the Communication on illegal and harmful content on
- the Internet 2 and the Green Paper on the Protection of Minors and
- Human Dignity in audiovisual and information services 3.
-
- Given the terms of the conclusions of the 27 September
- Telecommunication Council, and given the short time span available,
- this report concentrates on how to combat illegal and harmful content
- on the Internet. It recommends a number of measures that could be
- taken by the Member States and the Commission in relation to this
- subject. It indicates how the measures can be put into practice and
- who should be the lead actors in this process.
-
- At this stage the report does not pretend to give a full picture of
- all relevant issues in relation to illegal and harmful content on the
- Internet, nor does it deal with other on-line services. It focuses on
- the most pressing issues and on the actions that can be initiated by
- the actors concerned at short notice. It does not prejudice the more
- extensive discussion due to take place on the Communication and the
- Green Paper.
-
- The report is based on the discussions in the Working Party meetings
- that took place between 27 September and 28 October 1996. The first
- full meeting of the extended working party took place on 10 October
- 1996 in Brussels. At the end of the meeting, participants were
- requested to present their views on the various issues raised during
- the meeting. Reaction from Member States' representatives were
- requested in particular with regard to the specific legal situation
- vis-=E0-vis the Internet in their country, as well as the possible
- technical solutions envisaged. Industry representatives were asked to
- react especially in relation to self regulation and possible technical
- solutions.
-
- A draft of this report was considered at a meeting on 28 October 1996
- and the report was finalised on the basis of comments made at that
- meeting and subsequently in writing. The report reflects the views of
- all participants in the Working Party, be they Government
- representatives, industry players or users. It does not necessarily
- reflect the official views of the European Commission.
-
- 3. Some examples of initiatives at the level of the Member States
-
- The remit of the Telecommunications Council to the Working Party
- specifically mentioned the recent initiatives taken in the UK. During
- the discussions of the Working Party, there was also reference to the
- initiative in the Netherlands. The French delegation also presented
- their initiative in the field of international co-operation. The
- German delegation made a written contribution. All these initiatives
- are briefly described below.
-
- The UK initiative
-
- The R3 Safety-Net initiative in the UK has been developed in
- discussions facilitated by the Department of Trade and Industry
- between service providers, the Metropolitan Police and the Home
- Office. The immediate and particular focus of these proposals is on
- child pornography, though the approach may also be applicable in the
- future to other types of illegal material available in the Internet.
-
- The R3 Safety-Net approach incorporate three key elements:
-
- * Rating - a legality indicator for the "normal" content of each
- news group, and assistance in rating activities (including
- adoption and promotion of the Platform for Internet Content
- Selection - PICS)
- * Reporting - a hot-line for complaints about illegal material
- accessible via automated telephone, mail, e-mail or fax
- * Responsibility - content providers should take responsibility for
- rating their own pages, and service providers should take
- responsibility for removing content brought to their attention
- which is persistently and deliberately misrated, or illegal.
-
- The approach establishes an independent foundation to support the
- adoption by Internet service providers and users of Responsible
- policies based on Rating and Reporting of illegal material which will
- provide the hotline for complaints.
-
- The Netherlands
-
- In May 1996, the Dutch Internet providers community established a
- "hot-line" or central facility for the reporting of child pornography
- on the Internet 4. The Minister of Justice fully supported this
- initiative. It generated widely positive reactions, including from
- Internet users. Until now, it has functioned very satisfactorily:
- content providers (users, subscribers) of child pornography in The
- Netherlands have removed their illegal material after the first
- warning of notifying the police, making subsequent action by the
- police unnecessary. In some cases, violations not reported to the hot
- line but nevertheless having become known to the police, required
- police action. The reporting facility operates on a voluntary basis
- and is financed by Dutch Internet providers. The Dutch National
- Criminal Intelligence Service has been involved. Presently, the
- reporting facility and the police are further improving their
- relations.
-
- France
-
- A proposal for an agreement on international co-operation with regard
- to the Internet was presented to a working party of the OECD by France
- at a meeting in Seoul on 22 and 23 October 1996. This proposal sets
- out a series of principles relating to the applicable law and the
- factors to be taken into account when determining liability. It
- provides for signatories to set up national regulatory frameworks
- including a Code of Conduct, with mutual exchange of information on
- the regulations adopted and an agreement to co-operate in order to
- approximate national practices with regard to the Internet. The
- proposal also includes a section on judicial and police co-operation,
- in particular relating to use of networks for the purpose of
- terrorism, drug trafficking and organised international crime.
-
- Germany
-
- In November 1996, Germany made proposals to improve self-regulation of
- Internet content by extending the existing self-regulatory system for
- content in the press and broadcasting. Providers offering harmful
- content are to be required to appoint commissioners for the protection
- of young persons who are to act as points of contact and advisers for
- users. Providers are also given support for setting up joint
- self-regulatory facilities.
-
- The initiative makes clear that the criminal law and the law on the
- protection of minors apply to Internet content, even if it is only
- stored in a volatile manner.
-
- The Internet Content Task Force, to which the major Internet Service
- Providers belong, has also announced a new initiative 5 including a
- hot-line and co-ordinated technical measures for blocking access to
- illegal content. Self-regulators will intervene on their own
- initiative, after review by an appraiser, to remove or block access to
- content considered as criminal internationally such as child
- pornography. They will act at the request of the law-enforcement
- authorities where content is contrary to a specific rule of German
- law.
-
- 4. Proposals for further action
-
- The Working Party has taken the Communication on illegal and harmful
- content on the Internet as a basis for elaborating the following
- proposals. These would need to be implemented according to the
- respective competences of Community and Member States. Four important
- points are central to the approach taken by the working party:
-
- 1. The Internet is a positive instrument, empowering citizens and
- educators, lowering the barriers to the creation and distribution of
- content and offering universal access to ever richer sources of
- digital information. Any action taken to deal with atypical use for
- illegal and harmful content should not have a disproportionate impact
- on Internet users and industry as a whole.
-
- 2. Information on the Internet should be allowed the same free flow as
- paper-based information. Any restrictions should respect fundamental
- rights such as freedom of expression and the right to privacy.
-
- 3. Responsibility for prosecuting and punishing those responsible for
- illegal content remains with the national law-enforcement authorities.
-
- 4. Industry has a responsibility to report illegal content and to
- remove it from their systems, and can be assisted by self-regulatory
- bodies. Users should also report illegal content to hot-lines..
- Filtering software and rating systems can help users to avoid harmful
- contents.
-
- a) Self-regulation
-
- Co-operation from the industry and a fully functioning system of
- self-regulation are essential to limiting the flow of illegal content
- on the Internet. The issue of self-regulation and liability (see
- below) are closely connected and need to be examined together.
-
- i. Internet service providers and users should establish
- representative bodies in all Member States
-
- Self-regulation implies participation by industry and users: in order
- to do this, bodies need to exist which represent industry and users.
- Users can be represented either by specific Internet user groups or by
- consumer groups.
-
- ii. Self-regulation must fulfil certain minimum requirements
-
- * It must not hamper the ability to provide services freely within
- the internal market and must respect competition rules.
-
- Freedom to provide services must be ensured by any regulation of new
- services, whether state regulation or self-regulation. The Commission
- has proposed a transparency mechanism for state regulation of new
- services.
-
- * It should respect fundamental freedoms such as freedom of
- expression and the right to privacy.
-
- The self-regulation system should include
-
- * a Code of Conduct for internet service providers (access
- providers, host service providers and anonymous remailers)
- * a hot-line for complaints from the public, with appropriate
- safeguards against misuse
- * an independent self-regulatory body, including representatives of
- industry and users, to advise on whether or not a breach of the
- Code of Conduct has occurred (without prejudice to the due
- process of law)
-
- Appropriate publicity should be given to the existence of Codes of
- Conduct, hot-lines and self-regulatory bodies. Codes of Conduct should
- take into account the views of user groups.
-
- iii. Member States should encourage industry to set up a
- self-regulation system, become members of it and respect its rules
-
- The self-regulation system needs to be in compliance with and
- supported by the legal system. Service providers are subject to the
- law, but compliance with self-regulation could be used as evidence
- that reasonable efforts have been used to remove or prevent access to
- illegal content.
-
- Member States have the power to take measures which could be used only
- if a service provider failed to comply with the rules of the
- self-regulation system, or if the self-regulation system ceased to
- function effectively. They can also require that the Code of Conduct
- be formally approved.
-
- Observation of the Code of Conduct could also be made a condition of
- contracts between network operators and service providers, provided
- that network operators are not required to act as a regulatory body.
-
- iv. The role of self-regulatory bodies
-
- The role of self-regulators is to use their best efforts to restrict
- the flow of illegal content on the Internet. Where self-regulators
- become aware of illegal content, they should take steps to ensure its
- removal by informing the host service providers. Where the content
- emanates from abroad, they should pass information to the host
- country's self-regulator. They should also if requested transmit
- appropriate information to the police to allow them to fulfil their
- tasks, or to exchange information with another police force.
-
- The hot-line could be reinforced by "citizens' watch" groups set up by
- user organisations who would pledge to report to the hot-line illegal
- content found during their use of Internet.
-
- If necessary, appropriate legislation should make clear that
- possession of illegal material by those involved in self-regulation
- for purposes of self-regulation is not illegal.
-
- v. There should be European co-ordination of representative and
- self-regulation bodies
-
- The Commission should collaborate in establishing and contributing
- towards the initial cost of co-ordination at European level of
- industry, user and self-regulation bodies. This co-ordination should
- include common standards for national Codes of Conduct. A European
- network of hot-lines should be established.
-
- b) Liability
-
- i. Internet service providers should only be liable for illegal
- content where they are themselves the content provider, or where they
- have been informed and failed to take reasonable steps to remove
- illegal content from a service which they offer.
-
- It is important to identify accurately the chain of responsibilities
- in order to place the liability for illegal content on those who
- create it.
-
- Service providers and network operators involved in storing,
- transmitting or facilitating access to content should only be liable
- to the extent that they have been informed of illegal content by the
- appropriate law-enforcement body or self-regulatory body and can take
- measures to remove such content from circulation. They should not be
- required actively to seek out illegal material. If they become aware
- of material which appears to be illegal, they should report it to the
- self-regulatory body.
-
- ii. Anonymous use of the Internet
-
- Anonymous use of the Internet takes a number of forms: anonymous
- browsing, anonymous publishing of content on the World Wide Web,
- anonymous e-mail messages and anonymous posting of messages to
- newsgroups.
-
- In accordance with the principle of freedom of expression and the
- right to privacy, use of anonymity is legal . Users may wish to access
- data and browse anonymously so that their personal details cannot be
- recorded and used without their knowledge. Content providers on the
- Internet may wish to remain anonymous for legitimate purposes, such as
- where a victim of a sexual offence or a person suffering from a
- dependency such as alcohol or drugs, a disease or a disability wishes
- to share experiences with others without revealing their identity, or
- where a person wishes to report a crime without fear of retaliation. A
- user should not be required to justify anonymous use.
-
- Anonymity may however also be used by those engaged in illegal acts to
- complicate the task of the police in identifying and apprehending the
- person responsible. Further examination is required of the conditions
- under which measures to identify criminals for law enforcement
- purposes can be achieved in the same way as in the "off-line" world.
- Precedents exist in laws establishing conditions and procedures for
- tapping and listening into telephone calls. Anonymity should not be
- used as a cloak to protect criminals.
-
- c) Technical Measures
-
- Filtering and rating
-
- Use of filtering and rating is a means whereby Internet users are
- enabled to select categories of content which they prefer to receive
- or do not wish to receive, and to set parameters for use by children
- for whom they are responsible. Use of such systems should be voluntary
- and a matter for individual choice.
-
- In particular, the PICS standard launched by the international World
- Wide Web consortium with EC support should be vigorously promoted as
- the means by which such ratings can be expressed and used to empower
- parental filtering of material.
-
- i. Content-providers should be encouraged to rate their documents.
-
- In order to bring about a rapid acceptance of filtering and rating, a
- wide coverage of sites should be obtained. This can most easily be
- achieved if content providers participate fully in the rating process.
-
- ii. The Commission should foster applied research especially into the
- development of third-party rating systems to meet different needs and
- take account of Europe's cultural and linguistic diversity.
-
- Rating carried out by independent third parties ensures a standard
- approach to content rating and deals with cases where the content
- provider fails to rate properly. Other benefits for users include
- rating systems which guarantee respect of their convictions or which
- deal with specific needs not met by the content provider's rating
- system.
-
- Privacy-enhancing and tracing technologies
-
- iii. The Commission should include improved privacy-enhancing and
- tracing mechanisms as a priority in its research programme, and
- results made available from existing programmes as soon as possible.
-
- Users should be given the possibility to make the most of the enormous
- potential of modern computing technology to protect their legitimate
- right to privacy, while still allowing law-enforcement authorities to
- carry out their duties.
-
- Research into methods of providing users with increased levels of
- discrimination and intelligent filtering will also be promoted as part
- of the natural evolution of filtering and rating system. Users should
- be given the possibility to screen out anonymous publishing on the
- World Wide Web and to refuse to receive anonymous e-mails. Newsgroups,
- whether actively moderated or not, should be able to declare a policy
- of refusal of anonymous messages. Technical progress is needed to be
- able to realise these objectives.
-
- Tracing technologies
-
- Since some anonymous services may continue to be offered in countries
- where legal traceability is not guaranteed, urgent steps should also
- be taken to improve means of identifying where and by whom illegal
- content is distributed.
-
- Attention should be paid to the process by which technical standards
- for digital communication are adopted since the design of such
- standards may affect the possibilities of law-enforcement bodies to
- track criminal activities.
-
- d) Further suggestions
-
- The following are suggestions of the group which are an essential
- complement to other measures proposed.
-
- i. Criminal law and criminal procedure and the penalties for offences
- should be appropriate
-
- Member States should examine carefully whether the rules in force are
- adequate to deal with illegal content transmitted by the Internet, in
- particular with respect to offences against children, and see how to
- ensure a more coherent treatment of child pornography in criminal law.
- The issue of liability for criminal content should be addressed (see
- above).
-
- ii. Member States should train and equip police and the courts to deal
- with illegal content and use of Internet for illegal purposes
-
- The international nature and technical features of the Internet mean
- that specialised training and equipment should be made available to
- help the police and the courts in their tasks.
-
- iii. Police should take advantage of advice and information from
- self-regulation bodies
-
- The police should use advice and information from self-regulation
- bodies. A single liaison point between police and self-regulators in
- each Member State should be set up.
-
- iv. Member States should examine how to improve co-operation between
- them in the context of the relevant areas of common interest set out
- in article K1 of the Treaty on European Union.
-
- e) International co-operation
-
- The proposals described above should be implemented not only within
- the European Union, but also internationally in an appropriate
- framework. This applies particularly to police and judicial
- co-operation and to dealing with liability for illegal content and
- anonymous use of Internet. Any international agreement should be in
- conformity with fundamental rights and European traditions of free
- expression. At the operational level, co-operation between hot-line
- operators and between operators of rating systems and shared research
- into filtering software and tracing systems should be promoted.
-
- f) Support measures
-
- Awareness and parental education
-
- Awareness activities should be encouraged so that users understand the
- opportunities as well as the drawbacks of the Internet. Parents and
- educators, in particular, should be sufficiently informed so as to be
- able to take full advantage of parental control software and rating
- systems. Industry, self-regulatory bodies and user groups could
- collaborate in providing suitable material, including explanations,
- illustrations and animation. This should be made available on the
- Internet and to other media who should be encouraged to produce
- articles or programmes aimed at the target groups of parents,
- educators and young Internet users.
-
- Web Site
-
- The Web site on illegal and harmful content should include:
-
- * Links to hot-lines and instructions on how and where to complain
- about illegal material
- * Advice to parents and teachers on how to use the Internet and
- filtering and rating (multi-lingual)
- * Links to filtering software and rating systems
- * Information from self-regulation bodies, industry codes of
- conduct
-
- The proposed Web site should contain content from a variety of sources
- so as to provide a platform and a meeting place for all concerned in
- combating illegal content and providing means for dealing with harmful
- content. It should include the possibility for feedback from users,
- and links to other sites with neutral and reliable information for
- consumers about the Internet.
-
- 5. Follow-up of the working party
-
- The Working Party considers that it has been extremely useful, even in
- the brief time available, to have met as a group including
- representatives of Member States, industry (network operators,
- hardware manufacturers, software suppliers, Internet service
- providers, content providers) and users. A platform with a
- representative group of all concerned should follow progress in
- implementing proposals and continue to discuss outstanding issues.
-
- Annex: List of participants
-
- ----------------------------------------------------------------------
-
- Footnotes
-
- 1 Breach of copyright can also entail criminal sanctions
-
- 2 Communication to the European Parliament, the Council, the Economic
- and Social Committee and the Committee of the Regions COM(96) 487
-
- 3 COM(96) 483
-
- 4 e-mail: meldpunt@xs4all.nl see also http://www.xs4all.nl/~meldpunt/
-
- 5 http://www.anwalt.de/ictf/s961104e.htm
-
- ----------------------------------------------------------------------
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- [ Discussion forums][ Feedback and queries][ Europa WWW server]
- ----------------------------------------------------------------------
-
- =A9ECSC-EC-EAEC, Brussels-Luxembourg, 1996
-
- webmaster@echo.lu
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- ------------------------------
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- Date: Thu, 15 Dec 1996 22:51:01 CST
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- Subject: File 3--Cu Digest Header Info (unchanged since 13 Dec, 1996)
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