ISOC-England: ISOC-E Digest 17 April 2003 Volume 2: Issue 02
"The Internet is for Everyone"
The Internet Society of England freely distributable Newsletter
Editor: Olivier MJ Crepin-Leblond <editor@england.isoc.org>
Producer: Richard Francis
Please distribute widely !
Instructions for subscribing/unsubscribing are included at the end of this message
***** See last item for further information, disclaimers, caveats, etc. *****
This issue is archived at <http://www.england.isoc.org/newsletter/index.rhtm>
Contents:
Welcome to issue number 2.02
News
Feature: CHINA: THE NEXT GREAT E-BUSINESS DESTINATION
Richard Tindal, NeuLevel/NeuStar
Feature: APIG INQUIRY INTO DATA RETENTION
Hugh Milward, Weber Shandwick
Feature: THE RISKS OF PUBLISHING ON THE INTERNET
Manches Solicitors
Abridged info on ISOC England
----------------------------------------------------------------------
Date: Mon, 0 Apr 2003 00:00:00 -0000
From: Olivier MJ Crepin-Leblond <ocl@gih.com>
Subject: Welcome to issue number 2.02
Welcome to the fifth issue of the ISOC England Newsletter.
We are now well into 2003 and winter seems to be behind us.
With Elections of ISOC Trustees coming up next month, with
the current debates raging in Government about the need
for Privacy laws whilst new anti-terrorist measures are
being introduced on a daily basis, with the debate about
IPv6's future implementation, with so many things happening
at the same time, it was hard to incorporate all articles
that we wanted to publish this month into one newsletter.
Rather than making a "super-bumper issue" that would just
be too tiring to read, we have decided to divide this newsletter
into two separate issues, to be published a few days apart,
just to let you catch your breath again.
In this issue, therefore, we first have our regular "Press review"
with links to a few articles of interest that have been published
in the past 6 months or so. Information overload is a reality on
the Internet, but the links we have selected are, in our view,
significant for the future of the Internet in the United Kingdom.
FEATURES
Next, we have three feature articles which we hope will be of
interest to you.
First, a fascinating account of Internet development and use
in CHINA. ISOC England has kept good links to the China Internet
Society thanks to a past visit by a Chinese delegation in London.
With forecasts of 25% of the world's Internet users being Chinese,
the Chinese Internet market is thriving, and is one that should
not be ignored. Richard Tindal, from NeuStar, the registry selected
to run the .CN top level domain, provides an account of why it is
important to think about registering your company's domain in the
.CN domain space.
Our second feature article is penned by Hugh Milward, based at the
London offices of Weber Shandwick, one of the world's leading public
relations and communications management firms. The All-Party Internet
Group (APIG) has now completed its inquiry into data retention and
published its response. 31 recommendations were made to the Government.
The Inquiry intended to seek the opinions of businesses and others who
will be affected by data retention of the Government's plans for
enforcement of powers contained in the Regulation of Investigatory Powers
Act and the Anti-Terrorism, Crime and Security Act. Hugh Milward looks at
the inquiry and its findings and wonders what's next.
Libel. Defamation. Lawsuit. These words chill our spine. By publishing
any information on the Internet, you risk having these words tagged
to yourself or your business. Our third article is contributed by Manches
Solicitors, and explains the Risks of Publishing on the Internet.
Whether it's a document that is put online, or a Web page, or an online
catalogue, the Internet makes it easier than ever before to distribute
information to an audience of millions of people. Whilst the distribution
of company information could be somehow controlled in the past, it is
increasingly hard to do so now. This opens companies to plenty of dangers,
one of them being the risk of lawsuits from the publishing of libellous
information.
Is there an Internet-wide law about this? How are National Laws
implemented, bearing in mind the fact that there may be a conflict
in relevant laws from country to country? Read on.
IN THE NEXT ISSUE
In our next issue, to be published in a week's time, we will have
feature articles about the latest developments of ICANN, fresh news
about the UK's IPv6 development, as well an account of Vint Cerf's visit
to the UK in March. Vint Cerf is, of course, one of "The Fathers of the
Internet" and coined ISOC's motto: "The Internet is for Everyone".
Watch out for our Chairman Tricia Drakes' update on ISOC England
activities, and get ready to be more involved in ISOC England.
Risking plagiarism, I'll say "ISOC is for Everyone", and that
means you too.
We would really like to receive feedback from readers,
so if you have suggestions, comments, or would like to
contribute an article to the ISOC-E newsletter, then please
write to: editor@england.isoc.org
Happy Reading!
------------------------------
ISOC NEWS
ISOC NEW YORK CHAPTER ANTI-SPAM SiG COMMENTS
ON ANTI-SPAM LAW PROPOSALS
http://www.akula.com/~jks/spam/solution.html
------------------------------
NEWS DIGEST
In the fast-changing world of Technology and the Internet, News are
a daily event. Here is a selection from the six past months of newsreel.
I welcome comments about the selection!
Please e-mail your feedback to editor@england.isoc.org
PRIVACY
PRIVACY CONCERNS BALOON IN IRELAND
(ElectricNews, 16 January 2003)
A new survey shows that Irish people are growing more worried
about the misuse of their personal data and are losing patience with
unsolicited SMS and e-mails.
http://www.electricnews.net/news.html?code
US VISA APPLICATIONS TO BE SHARED WITH POLICE
(New York Times, 30 January 2003)
Law enforcement officials across the US will soon have access to a
database of 50 million overseas applications for United States visas,
including the photographs of 20 million applicants.
http://www.nytimes.com/2003/01/31/national/31COMP.html
LEGAL & REGULATORY
SUPREME COURT NIXES COPYRIGHT CHALLENGE
(C|Net News.Com, 15 January 2003)
The U.S. Supreme Court said Congress had the power to extend the
duration of copyrights, a decision that dealt a grave blow to a growing
movement against more expansive legal protections of artistic works.
http://news.com.com/2100
http://cyberlaw.stanford.edu/lessig/blog/archives/01
OFCOM TO REVIEW PUBLIC SERVICE REMITS
(The Guardian, 16 January 2003)
The government's wholesale review of the way the BBC is funded will
be preceded by a detailed investigation into public service broadcasting
by new media and telecoms super-regulator, Ofcom.
http://media.guardian.co.uk/broadcast/story/0,7493,875955,00.html
COMPUTER VIRUS WRITER GETS TWO YEARS IN PRISON
(BBC News, 21 January 2003)
The two-year prison sentence handed down to programmer Simon Vallor
is expected to hit hard in the bedrooms and studies of computer users around
the world.
http://news.bbc.co.uk/1/hi/wales/2681675.stm
POLITECH ASKED FOR HELP IN DRAFTING US ANTI SPAM LAW
(Politech, 30 January 2003)
Declan McCullagh's Politech mailing list has been asked to make
suggestions for a possible US anti-spam law. See above for ISOC-NY's
contribution.
http://www.politechbot.com/p-04386.html
SPAM OFFERS: SOME LEGIT, MOST NOT
(Wired News, 12 February 2003)
Most money that spammers make is actually from the sale of email
lists to other spammers, or how idiots make money with more idiots.
http://www.wired.com/news/infostructure/0,1377,57613,00.html
EC CONTRACT TO MANAGE DOT EU
(The Register, 23 March 2003)
A draft of the long awaited decision by the Commission on the
September 2002 Call for tenders for a 5 year contract to manage
the new Dot EU Registry has been leaked to the author of a US Blog
http://www.theregister.co.uk/content/6/29835.html
http://europa.eu.int/information_society/topics/telecoms/internet/eu_domain/index_en.htm
PAYPAL ACCUSED OF MONEY LAUNDERING
(Silicon.com, 1 April 2003)
With allegations of servicing the gambling industry, PayPal denies
everything.
http://www.silicon.com/news/500019-500001/1/3553.html
ICANN AND GOOGLE - DOMAIN NAMES AND CONTENT
(Web Logs at Harvard Law, 14 April 2003)
Reflections of Prof Jonathan Zittrain of Harvard Law School on
Google's response to receipt of Cease and Desist letters alleging
copyright infringement under the Digital Millennium Copyright Act.
http://blogs.law.harvard.edu/stories/storyReader$251
INTERNET GOVERNANCE & E-GOVERNMENT
DYSON CLEANS OUT HER CLOSET
(The Register, 6 February 2003)
Speaking at Oxford University's recent conference, "The Politics of Code"
(see ISOC Newsletter v. 2.1), Esther Dyson, founding director of ICANN,
went out of her way to distance herself from the failures of ICANN, the
Internet Corporation for Assigned Names and Numbers.
http://www.theregister.co.uk/content/6/29225.html
BUSH ORDERS CYBERATTACK PLAN
(Washington Post, 7 February 2003)
Ever heard of Cyber-war? For today's e-government, it is real now.
http://www.washingtonpost.com/wp-dyn/articles/A38110-2003Feb6.html
INTERNET COMMUNITY MORE CONSTRUCTIVE
(IDG.NET Australia, 19 February 2003)
Vint Cerf, head of the board of ICANN, says the effort to come up with a
structure for such a body was "in turmoil from day one".
http://www.idg.net.nz/webhome.nsf/UNID/F6287310756F24F2CC256CD1000EE04A?opendocument
ICANN's Q1 2003 STATUS REPORT TO USDOC
(ICANN Website)
The First ICANN Report to the Department of Commerce under the new ICANN
President, Dr Paul Twomey has been filed, covering the Rio de Janeiro
meeting and the final steps to creating a steady state ICANN 2.0
http://www.icann.org/announcements/announcement-19mar03.htm
http://www.icann.org/general/status-report-31mar03.htm
PUBLIC INTEREST REGISTRY GLOBAL .ORG ADVISORY COUNCIL
(PIR Press Release, 14 April 2002)
ICANNselected ISOC's proposal from among 11 organizations bidding to operate
the .ORG top-level domain. VeriSign Global Registry Services'contract as
registry operator for .ORG expired on December 31, 2002. PIR assumed control
of the registry on January 1, 2003. James Cronin of BBCi New Media and
Ben Laurie of A.L. Digital are the UK members of the .ORG Advisory Council
http://www.pir.org/news.html
ACCESSIBILITY
THE WEB CONTINUES TO SPREAD
(Internet News, 17 December 2002)
Internet usage worldwide has become dominant in most
industrialised countries, shifting from routing to essential,
according to findings from Ipsos-Reid.
http://www.internetnews.com/stats/print.php/1556641
MAURITIUS CONSTRUCTS NEW CYBER CITY
(BBC News, 4 February 2003)
The paradise island of Mauritius is jumping on the high-tech
bandwaggon, by building a state-of-the-art cyber-city,
following the Indian examples of Bangalore and Hyderabad.
http://news.bbc.co.uk/1/hi/business/2710319.stm
TECHNICAL
NOMINET TO HELP WITH .UK DOMAIN NAME MIGRATIONS
(The Register, 17 January 2003)
Nominet UK - the national registry for all domain names ending .uk - has
introduced new rules designed to give greater protection to domain name
owners.
Anyone having problems moving their .uk domain name from one ISP or
registration agent to another will now be able to get Nominet UK to do it
for them - for a fee.
http://www.theregister.co.uk/content/6/28922.html
UK BROADBAND AUCTIONS IN MAY
(Europemedia.net, 20 January 2003)
Licences for wireless broadband are to be auctioned off by the British
government in May. The licences will allow operators to provide wireless
services via the 3.4Ghz radio frequency at speeds of up to 2Mbps over a
range of 10km.
http://www.europemedia.net/shownews.asp?ArticleID=14513
LINUX GOES CORPORATE
(WashingtonPost, 21 January 2003)
As the LinuxWorld expo kicked off in New York in January, it was increasingly
clear that corporate America has bought into the open-source movement
http://www.washingtonpost.com/wp-dyn/articles/A21595-2003Jan21.html
SBC CLAIMS PATENT ON WEB INTERFACE
(The Register, 23 January 2003)
SBC Communications Inc is enforcing a patent it owns that, it claims, covers
the use of frame-like user interfaces in web sites, it emerged this week
Kevin Murphy writes. . If your web site uses a frames or a persistent user
interface, then you could be in infringement.
http://www.theregister.co.uk/content/6/28985.html
HAPPY BIRTHDAY, INTERNET!
(Telepolis, 23 January 2003)
January 1, 1983, the Cutover from NCP to TCP/IP.
http://www.heise.de/tp/english/inhalt/te/14017/1.html
SLAMMER WORM BRINGS NET TO ITS KNEES
(Silicon.com, 27 January 2003)
A worm that attacks Microsoft's database SQL software spread through the
internet, causing cash machines to stop issuing money, taking most of South
Korea offline, and generally slowing down the internet.
http://www.silicon.com/a57184
WORM EXPOSES LAZINESS IN IT DEPARTMENT
(Silicon.com, 27 January 2003)
Microsoft warned about this flaw six months ago. The patches should
have been in place... but were they?
http://www.silicon.com/analysis/500013/1/2605.html
WORM TOOK 10 MINUTES TO CREATE GLOBAL CHAOS
(Independent.co.uk, 4 February 2003)
The "SQL Slammer" computer worm that brought much of the internet to
a halt last week spread worldwide in 10 minutes, making it the fastest such
infection seen.
http://news.independent.co.uk/digital/news/story.jsp?story=375374
US DEPARTMENT OF COMMERCE LAYS DOWN RULES FOR
DEPLOYMENT OF ENUM IN US
(US DoC, 12 February 2003)
For information about ENUM, see ISOC-E Newsletter v. 2.1
http://www.ntia.doc.gov/ntiahome/press/2003/enumpr_02122003.htm
http://www.ntia.doc.gov/ntiahome/ntiageneral/enum/enum_02122003.htm
CISCO PROGRAM GETS BEHIND WI-FI
(ZDnet, 24 February 2003)
With the next hot technlogy rollout being Wi-Fi, Cisco Systems announced
it will share key technology at no cost with chipmakers and computer companies
to help drive the use of wireless networks within corporations.
http://zdnet.com.com/2100-1103-985672.html
A DAY IN MY WIRELESS LIFE
(Silicon.com, 26 March 2003)
WI-FI is a reality on the US West Coast. With Starbucks implementing
WI-FI hotspots in select locations in the UK, and with several local
WI-FI initiatives, this is here to stay. What could it be like in a
few months' time? The revolution has just begun.
http://www.silicon.com/analysis/148/1/3471.html
ECONOMY
AOL HOPES TO COME BACK, BUT CAN IT?
(New York Times, 14 January 2003)
AOL Time Warner stands today as the a casualty of the
salesmanship of Stephen M. Case and the credulousness of the
Time Warner executives who bought into his sparkling vision of
synergies between the old media and the new. With Case's
resignation, can AOL-TW come back?
http://www.nytimes.com/2003/01/14/business/media/14AOL.html
EIGHT TECHNOLOGIES THAT WILL CHANGE THE WORLD
(Business 2.0, June 2002)
What happens when today's tech trends begin to intersect and feed off
one another? They'll spawn new fields of knowledge that will transform
everything.
Not strictly recent, but well worth reading.
http://www.business2.com/articles/mag/0,1640,40435,00.html?ref=bonus
INTERNET RETAILERS ATTRACT 60% OF BRITISH SURFERS
AT CHRISTMAS 2002
(Europemedia.net, 20 January 2003)
The run-up to Christmas, 2002, saw the strongest performance by internet
retailers in the UK, according to the latest data from market analysts
Nielsen/NetRatings.
http://www.europemedia.net/shownews.asp?ArticleID=14526
EUROPEAN COMMISSION URGES EUROPE TO MOVE TO BROADBAND
(EC Web Site, 12 February 2003)
To achieve widespread availability of a European world-class infrastructure
for electronic communications, this Communication reminds Member States
of the need to complete the implementation of the actions already planned,
complementing them where necessary, and presents the actions currently
underway at the EU level.
http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=IP/03/219%7C0%7CRAPID&lg=EN&display
COST-CONSCIOUS BRITS WON'T FLOCK TO 3G
(Silicon.com, 1 April 2003)
Licenses cost millions, and now the customers won't make the leap...
http://www.silicon.com/news/500018-500001/1/3556.html
TONGUE IN CHEEK
GONE TO THE BLOGS
(Sp!ked IT Online, 14 January 2003)
Blogging, short for "Weblogging" is fun, but it's no journalistic revolution.
Is it worth reading, or is it a waste of time?
http://www.spiked-online.com/articles/00000006DBDD.htm
THE KIDS ARE ALRIGHT
(Guardian Unlimited, 5 February 2003)
Outstanding websites built by children are being honoured in this year's
Childnet Awards. Anna Soderblom casts an eye over the shortlist
http://www.guardian.co.uk/online/news/0,12597,889382,00.html
WHO IS FALLING FOR THIS SCAM?
(Silicon.com, 19 February 2003)
Pssst, I have $50 million and I need you to help me...
The Nigerian "419" scam is as widespread as it is known to be a
scam. Or is it? It seems that some people still don't know, especially
the people who send those emails out...
http://www.silicon.com/ess
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CHINA: THE NEXT GREAT E-BUSINESS DESTINATION
By Richard Tindal, Vice President Registry Services, NeuLevel
http://www.getmy.cn
It is predicted that sometime next year, China will account for 25 percent
of the world's online population. This explosive growth, coupled with China's
recent accession to the World Trade Organization (WTO), presents
Web-savvy businesses with an unprecedented opportunity for success and
growth. China is in the midst of a five-year transition to full WTO compliance,
and it is widely accepted that China - and the .CN Internet domain - are
the next frontiers of global e-commerce.
As China moves toward full WTO participation, international businesses
will continue to benefit from a range of changes:
- The number of commodity categories subject to import licensing has declined
50 percent in the last year;
- Total import tariffs on electronic products were lowered from 16.2 percent
to 10.7 percent in 2002;
- By 2005 there will be zero import tariffs on all information technology products.
The Case for E-Commerce In China
Internet use continues to develop rapidly in China. Surveys completed in the
cities of Beijing, Shanghai, Guangzhou and Shenzhen show online user numbers
increasing by more than 50 percent each year. 80 percent of users have email
addresses, with email being the most frequently used service in China.
According to Pyramid Research Inc., of Cambridge, Mass., China will
become the second-largest Internet market this year and will be the third
largest broadband market by 2006.
In terms of business activity, e-commerce is expected to serve as an important
engine of growth for development across the country, with revenues reaching
more than $20 billion in 2005, up from $479 million in 2002. Even if this number
is halved, the value of China as a market far overshadows other marketplaces
for opportunities relating to online commercial growth.
China's 56.6 million Internet users have an influential and economically
empowered profile:
- 54.1 percent of China's Internet users are 18 to 30 years old;
- 31.7 percent of Internet users have achieved at least a bachelor's level
of education;
- 62.1 percent of users connect at home; 43.3 percent connect at work;
21.8 percent connect at school; 17.3 percent connect at net bars and cafes;
0.7 percent connect at public libraries;
- The average Internet user signs on 3.1 days per week and spends 8.3 hours
per week online;
- China's three major hubs for online activity are Shanghai (40 percent),
Beijing (30 percent) and Guangzhou (23 percent).
With such a dramatic commercial metamorphosis taking place in China, the
country is poised to become one of the most dominant e-commerce players in
the Asia/Pacific region - and the world. Small and medium-sized businesses
are especially likely to gain from the opportunities in China, and are most
likely to do so through the use of the Internet and the local identity of a
Chinese domain designation such as .CN.
Why GetMy.CN?
More than 60 percent of all Chinese Web sites are in the .CN domain, making
it a widely recognized Internet brand. More importantly, it reassures
Chinese customers that your business recognizes the importance of speaking
from a localized cultural perspective. Businesses must also recognize that
the size of the Chinese market means that, over time, obtaining choice domain
names will become progressively more difficult. In short, it is easier for
businesses to stake their .CN claim now than to attempt dispute resolution later.
Typically, businesses are registering their .CN domains and, much like the
early days of the Internet in the United States, simply building out
informational sites. The focus, particularly for e-commerce in the short term,
is on the business-to-business (B2B) side, which is being driven in part by
the need to conduct financial transactions offline in China. Once a simple form of
verifiable online payment is established in China, consumer commerce will
rapidly explode. In order to effectively capture this market, it is important
to start building now.
Market Opportunities
At first glance, the opportunities seem endless, and in many ways they are.
But where can businesses focus first to ensure a good start in the Chinese
market? Research indicates there are several verticals already in demand:
- Professional Services - Those that have the experience and knowledge to
help Chinese businesses operate more effectively abroad are in the highest
demand (most notably business consultants, financial analysts and accounting
professionals);
- Software Development - China is looking not only to obtain expertise to build
software applications, but also to compete for off-shore work from other countries;
- Telecom Services and Equipment - Currently there are 177 million fixed-line
subscribers; this is projected to grow 175 percent by 2006 and 145 million
mobile subscribers. Of particular interest in the short term are value-added
telecom services and hardware to support rapid growth;
- Consumer Goods - Western books, music, electronic goods and household appliances
are in great demand. Currently, it is best to establish a relationship with
a Chinese business for resale, but businesses should keep an eye on future
opportunities for direct sales;
- Advertising and Marketing - From collateral design to media and Web services,
the fast-growing small to medium-sized enterprise market in China is hungry
for a full range of services;
- Travel Industry - The number of Chinese that travel internationally each year
is growing rapidly. Every tourist destination in the world needs to reach
out to this market. Additionally, there are many opportunities to assist
Chinese businesspeople in need of a wide range of global business travel services.
CNNIC And NeuLevel: The Partnership
With the global rollout of the .CN Web domain, the China Internet Network
Information Center (CNNIC) and NeuLevel, a subsidiary of NeuStar, the American
company chosen by CNNIC to be the exclusive .CN Registry gateway outside China,
have seized a unique opportunity.
Together, CNNIC and NeuLevel are making .CN available to business and
organizational registrants outside of China for the first time in history.
"The Chinese marketplace and the use of the Internet in China are growing very
rapidly. We at CNNIC anticipate that .CN will be very popular for businesses
worldwide that are seeking to reach the Chinese market," said Mao Wei, director
general of CNNIC. "We are pleased to be working with NeuLevel on this historic
initiative."
NeuLevel is now the exclusive Registry gateway for .CN names (for example,
www.mycompany.cn) for Registrars outside of China. Highlights are listed below:
- .CN names are now available to businesses and organizations worldwide;
- .CN domain names are available to registrants for term lengths between one
and five years;
- Businesses can purchase their choice of .CN names on a "first come,
first served" basis;
- Registrars located outside of China are able to sell .CN names on equal
footing with Registrars inside China.
Global Business
By registering .CN names, businesses and organizations around the world
can protect their brand identities in what is poised to become a highly
lucrative marketplace. Further, a .CN address helps existing and potential
Chinese customers feel more at ease, giving them the security of dealing
with a firm that has a strong Chinese presence - as well as an international
one.
NeuLevel's free ".CN Guide For International Businesspeople" and details on
how to purchase a .CN domain name are available at www.getmy.cn.
About the Author:
Richard Tindal is responsible for creating and maintaining all relationships
with Registrar partners and global marketing channels.
Prior to joining NeuLevel, Mr. Tindal was Vice President of International
Operations for Melbourne IT, where he established the company's presence in
the United States and Europe, in addition to managing sales and customer
relationships with large value-added resellers (VARs) worldwide. Mr. Tindal
has also worked at Texas Instruments Inc., where he was responsible for
introducing new digital communications products to customers in Europe,
the Middle East, Asia, and Latin America.
------------------------------
APIG INQUIRY INTO DATA RETENTION
Hugh Milward, Weber Shandwick
HMilward@WeberShandwick.com
The All-Party Internet Group (APIG) has now completed its inquiry into
data retention and published its response. Hugh Milward looks at the inquiry
and its findings and wonders what's next.
The All-Party Internet Group has now published its report on its Communications
Data inquiry, making a total of 31 recommendations to Government. The Inquiry
intended to seek the opinions of businesses and others who will be affected by data
retention of the Government's plans for enforcement of powers contained in the
Regulation of Investigatory Powers Act and the Anti-Terrorism, Crime and
Security Act. In all, 14 organisations, individuals and companies responded to
the consultation, with nine then going on to give Oral evidence to the Committee
in two sessions.
The findings of the group confirmed much anecdotal evidence about industry
concerns with data retention, including the disquiet over wide government agency
access to information, costs involved in storage, collection and response, and
the legality of collecting data under the ATCS Act. Much of the Committees
findings suggest that it has taken a cautious position. None of its recommendations
could be interpreted as radical. In summary, its recommendations are as follows:
- Statistics should be collected for determining usage and costs of access to data.
- The efficacy of communications data in fighting crime should be periodically
reviewed, involving all stakeholders, and a debate in Parliament on privacy issues
should take place annually
- There should be clarity over the different types of data to which the Government
refers, whether data should be used for predictive policing, clarity on what should
happen when a subject access request is made, and clarity over the addition of new
public authorities and their access levels
- Authorities should use a single point of contact (SPOC), trained to have a good
knowledge and understanding. The SPOC could operate on behalf of a number
of smaller agencies.
- Agencies able to request data under legacy legislation should renounce this ability
voluntarily, leaving requests only to be made through RIPA.
- There should be criminal penalties for misuse of s22 notices
- All plans for both a voluntary and mandatory scheme for data retention under
ATCS should be dropped
- A data preservation scheme should at the minimum be considered. Preservation
rather than retention should be adopted as EU policy.
The most regular call to the Government is for breadth and clarity; breadth in the
consultation process, soliciting views from a wide variety of organisations on the full
range of options; and in clarity in the government's intentions, the consultation and in
the final codes of conduct.
The report's most controversial recommendation involved data preservation.
The report appears to recommend moving away from data retention altogether,
favouring instead the much more relaxed and cost effective principles of data
preservation.
The difference is significant for all concerned. Under retention rules, data is retained
for a given length of time during which time it can be subject to access requests.
Under preservation rules, data would normally be kept only for as long as organisations
require it for their own purposes. On request, specific types of data can then kept
beyond the time it would normally be destroyed.
This would allow for data relating to, for example, the 9/11 terrorist attack or
any other similar event to be preserved and scrutinized for national security purposes.
This is perhaps the most important element of the inquiry's findings. Evidence given
to the Committee suggested that under a data preservation scheme, the costs for
Communications Service Providers would be lower, the regime would be far less
burdensome to maintain and arguably easier to introduce on a pan-European basis.
Evidence to the Committee from AOL suggested that this type of regime already
worked extremely well in the USA.
Although it is too early to say what the outcome might be, the Home Office is
proceeding with its consultations into a Code of Practice for Voluntary Retention
of Communications Data under the Anti-Terrorism, Crime and Security (ATCS)
Act and Access to Communications Data under the Regulation of Investigatory
Powers Act (RIPA). The latter makes no reference to data preservation.
The former gives a reasoned case against data preservation, arguing that agencies
would need to be aware already of a suspicious incident or person in order for
preservation to work.
There is still time for the Government to change its mind over this issue, but will be
looking to the consultation respondents for direction in this. I have no doubt that
they will be looking closely at the findings of the APIG Inquiry.
All Party Group Inquiries
The inquiry conducted by APIG was uncommon but not unheard of for an
All-Party Group. These groups form an interesting part of the democratic process,
bridging the gap between industry and politicians. Often, the bridge is a PR company
or lobbying organisation, keen to develop closer links with Parliament and to
promote All-Party Groups vary considerably in their activities, some limited activities
to holding social events and occasional meetings, others becoming far more involved
in campaigning and lobbying the government on specific issues, such as the good work
undertaken by the All-Party Group on Haemophilia. However, the holding of a
detailed inquiry involving evidence both written and oral, is unusual and more
associated with the work of a Select Committee.
Could this be the new face of All-Party groups?
About the Author:
Hugh Milward is a Director of the Internet Society of England and an Associate
Director at Weber Shandwick Public Affairs. He has worked within the political
and media arena for the last eight years, and advises a range of technology
companies on their relationships with Parliament, Government and the public
sector.
------------------------------
THE RISKS OF PUBLISHING ON THE INTERNET
Manches Solicitors
manches@manches.co.uk
http://www.manches.co.uk
The recent decision by the High Court of Australia in a libel action brought
by the mining magnate, Joseph Gutnick, claiming that an article published in
the online version of Dow Jones' Barron's magazine was defamatory, has
confirmed how the laws on jurisdiction apply to publication of material on the
internet. Contrary to the reports in the media, the case does not "open up a
legal minefield" in the law of libel.
There are no universal international treaties governing how jurisdiction is
determined between all countries in the world. National Courts, such as the
Australian Courts, have rules which determine the circumstances in which they
can assume jurisdiction over proceedings brought against defendants who are
not resident within that country.
The main debate in the case revolved around whether the alleged defamation
was published at the location of Dow Jones' web servers in the US state of New
Jersey or whether publication took place in Victoria where some readers were
able to access the story online. It is well established that defamation is published
where the damage to reputation occurs and in the case of Mr Gutnick, that was
in Victoria.
However, each individual publication gives rise to a separate cause of action and
so potentially, a number of claims could arise as the same material is downloaded
in different countries. Some states in the US have reversed this rule in the case of
internet publications; but the Australian Court refused to find that publication occurs
only where material is uploaded on to a server. One of the reasons for this was
stated to be that changes to the common law should be technology neutral, to avoid
failing to keep up with the pace of change of technology.
The Court noted that if the place of uploading of material were adopted as the place
of publication, the consequence would be that the law assigned to defamation on
the internet would be that of the United States because of the disproportionate number
of web servers located in the United States when compared to all other countries.
Bearing in mind that the law of defamation is there to provide damages when injury
is done to a person's reputation, the place where material is uploaded would have
little practical connection to the place where that person's reputation was damaged.
It is worth noting that even if Mr Gutnick is successful before the Australian Courts,
in order to obtain any damages from Dow Jones he may have to enforce the judgment
in the United States. The rules governing recognition of foreign judgments are subject
to the rules of individual states. For example, the French Courts ordered Yahoo! to
remove material which breached their laws prohibiting the sale of Nazi memorabilia,
but the US Courts decided not to enforce the ban as they viewed it as a curtailment
of freedom of speech. Even if a judgment is obtained in a foreign court, there is still
the possibility of challenging the judgment in a defendant's own courts successfully,
particularly if there is any conflict between the laws of the two states.
The Australian Court was sympathetic to the fact that the internet has created new
problems for those publishing material and increases the possibility of proceedings
being brought against publishers in foreign jurisdictions. However, the Court rejected
arguments to treat the internet any differently from traditional means of publication and
took the view that the decision on a dispute between two particular parties was not
the appropriate forum in which to review and propose radical changes to long
established common law rules.
The internet is not and never has been a law-free zone. National libel laws and
intellectual property laws designed to protect people's interests and reputations can be
invoked as they always have been to prevent infringement or abuse of people's rights
on the internet. The ruling in the Gutnick case is no more than a reminder of the
potential risks inherent in publishing on the internet. Any reform needed to change the
balance between publishers' concerns to allow freedom of expression and an individual's
right to protect their reputation is nowhere near as straightforward as some in the media
would have us believe. Unfortunately international agreement on appropriate legislative
reform is likely to take time.
About the Author:
Manches is a commercial law firm with particular focus on Corporate & Technology,
Property, Construction, Biotechnology, and Family Law operating out of offices in
London and Oxford.
------------------------------
Date: 06 Jan 2003 (LAST-MODIFIED)
From: editor@england.isoc.org
Subject: Abridged info on ISOC England
ISOC England is a full chapter of the Internet Society in the UK.
ISOC England is a voice of the future, creates awareness and
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To promote the effective operation and development of the
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End of ISOC-E Digest 2.02
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