[eccr] QuickLinks 251 - 24 November 2002

QuickLinks 251 - 24 November 2002

HTML version: http://www.qlinks.net/quicklinks/latest.htm
Forthcoming events: http://www.qlinks.net/quicklinks/events.htm
Home Page: http://www.qlinks.net

Legal and regulatory issues

   Audiovisual
1. UK - Masterplan for the media

   Cable and satellite
2. UK - Tories attack satellite plan

   Computer crime
3. UK - Internet paedophiles face crackdown
4. UK - Child porn man jailed
5. US - Actors charged in porn case
6. US - Court OKs faxed warrants

   Consumer protection
7. US - Bidder Beware: Toward a Fraud-Free Marketplace

   Content regulation
8. FR - TOM - Sat-TV porn raises temperatures in French Polynesia
9. US - Indecent, but not Palpably Indecent

   Copyright, trademarks and patents
10. Copyright Contradictions in Scholarly Publishing
11. UK - Progress Report on Implementation of the Copyright Directive
12. US - Internet Sites Delete News of Sales by Big Retailers
13. US - Prominent judge criticises expansion of copyright

   Digital content
14. Web site to give free access to children's books

   e-Government
15. DE - BGH-Entscheidungen zum Download im Web
16. UK - Net activism offers lessons for ministers
17. US - E-Government Act Passes Congress
18. US - Government agency pulls Web site

   Electronic commerce
19. EU - MEPs endorse Commission proposal on tobacco advertising
20. US - Credit Cards Seek New Fees on Web's Demimonde

   Health
21. EU to set standards for health sites

   Interception
22. US - Pentagon Defends Database Search Project

   Internet access and use
23. UK - Blair pledges to kick-start broadband
24. UK - Slow progress on broadband Britain
25. US - Tech companies ask for unfiltered Net

   Junk mail (spam)
26. CipherTrust wants your spam
27. Death by Spam - The e-mail you know and love is about to vanish
28. La Cnil fait pan sur les spams

   Protection of minors
29. America Online scraps teen shopping

   Safer Internet awareness
30. UK - OFCOM to promote media literacy

   Security and encryption
31. EU - Rat will Anti-Hacker-Gesetzgebung verschärfen
32. US - Perspective: Say hello to Big Brother
33. US - Secret U.S. court OKs electronic spying

   Self-regulation / codes of conduct
34. OnlineConfidence - Promoting trust in buying goods and services
on-line
35. US - Alternative Dispute Resolution report

   Terrorism
36. Cyberterrorism and Terrorist 'Use' of the Internet
37. US - Report: ISPs must learn from Sept. 11

Market & Technology

   Convergence of telecommunications, media and information technology
38. Nokia v Microsoft - The fight for digital dominance

   Market
39. US - Movielink's Premiere Doesn't Live Up to Its Promise

   Rating and filtering
40. UK - BT offers filter tool for parents

   Standards
41. W3C - Turning up the heat on Web privacy

   Statistics
42. UK - Internet subscriptions continue to grow
43. US - Parents use the Internet more

Forthcoming events

44. 2002-12-06 Cable & Wireless Childnet Awards - deadline for
submissions
45. 2002-12-10 FR Pornographie sur l'internet : Quels enjeux ?
Quelle protection pour les mineurs ?

1. UK - Masterplan for the media (Guardian)
The government's eagerly awaited shake-up of media ownership was
finally revealed after months of consultation with the industry,
consumers and regulators. The communications bill sets out a
blueprint for the future of the media sector, which will overseen by
a new super-regulator - the office of communications. As an
amalgamation of five bodies, Ofcom will have an unprecedented range
of powers and be given the task of regulating broadcasting and
telephony's three great powers: the BBC, BT and BSkyB. see also UK -
Labour urged to clip BBC's wings (Guardian ). The government is
facing parliamentary pressure to bring the BBC fully under the
control of the new media regulator, Ofcom, as it published wide-
ranging new legislation for the broadcasting industry.
http://www.qlinks.net/items/qlitem14852.htm

2. UK - Tories attack satellite plan (BBC)
The Conservatives have criticised reforms of media regulation which
would allow the government to force BSkyB to carry BBC channels on
its digital service.
http://www.qlinks.net/items/qlitem14851.htm

3. UK - Internet paedophiles face crackdown (BBC)
Adults who befriend children in person or via the internet with the
intention of abusing them will face five years in jail under a
government crackdown on sex offenders. The new offence of sexual
"grooming" will enable police officers to intervene and arrest a
suspect before any sexual activity takes place. see Sex offences
crackdown at a glance.
http://www.qlinks.net/items/qlitem14856.htm

4. UK - Child porn man jailed (BBC)
A man who made thousands of child porn images and movies of children
as young as six-months-old has been jailed for a year. Philip
Fernandez, 29, from Harrow in north-west London, was arrested after
police officers raided his home, seizing computer equipment, videos
and children's underwear from his bedroom.
http://www.qlinks.net/items/qlitem14872.htm

5. US - Actors charged in porn case (BBC)
Prosecutors in Los Angeles have filed criminal charges against two
Hollywood actors - Paul Reubens, known as Pee-wee Herman, and Jeffrey
Jones - following a year-long child pornography investigation.
http://www.qlinks.net/items/qlitem14873.htm

6. US - Court OKs faxed warrants (CNET News.com)
A federal appeals panel has ruled that police did not need to be
present when executing a search warrant at an Internet company and
instead could fax the request. The 8th Circuit Court of Appeals said
police acted legally when they faxed a search warrant to Yahoo during
an investigation into alleged child-porn activity. see also EPIC's
Bach Page.
http://www.qlinks.net/items/qlitem14860.htm

7. US - Bidder Beware: Toward a Fraud-Free Marketplace (Shidler
Center)
In 2001, the Shidler Center and the High Tech Unit of the
Washingtonattorney General's Office Consumer Protection Division
released "BidderBeware: Towards a Fraud-Free Marketplace in Internet
Auctions".  A newreport provides updated data concerning Internet
auctions and includesinterviews with the industry participants who
had recommended a menu ofbest practices for consumers and businesses.
http://www.qlinks.net/items/qlitem14831.htm

8. FR - TOM - Sat-TV porn raises temperatures in French Polynesia
(ABC)
A government-funded service providing satellite-television
programming to French Polynesia is being criticised over its alleged
pornographic content. A group of women from Tahiti's opposition
recently complained about violence and pornographic material screened
on TNS, a multi-channel service funded by the territorial government.
One island's mayor, who is also the pastor, ensures nobody sees the
offending programs by shutting down the electricity generator at
midnight and switching it back on at six o'clock in the morning.
http://www.qlinks.net/items/qlitem14871.htm

9. US - Indecent, but not Palpably Indecent (LawMeme)
Following CBS television show Victoria's Secret Fashion (a company
selling women's underwear), Michael Copps, an FCC commissioner,
called for the FCC to expand its definition of "indecent." Copps
complained that currently, the FCC only acts against material that is
"palpably and demonstrably indecent." see Commissioner Michael J.
Copps Calls for Re-Examination of FCC's Indecency Definition (FCC).
http://www.qlinks.net/items/qlitem14843.htm

10. Copyright Contradictions in Scholarly Publishing (First Monday)
by John Willinsky. This paper examines contradictions in how
copyright works with the publishing of scholarly journals. These
contradictions have to do with the protection of the authors'
interest and have become apparent with the rise of open access
publishing as an alternative to the traditional commercial model of
selling journal subscriptions. Authors may well be better served, as
may the public which supports research, by open access journals
because of its wider readership and early indications of greater
scholarly impact.
http://www.qlinks.net/items/qlitem14838.htm

11. UK - Progress Report on Implementation of the Copyright
Directive (Patent Office)
Formal consultation on draft amendments to UK law considered to be
necessary to comply with the Directive closed on 31 October. Almost
300 responses have been received. The Patent Office see no prospect
of meeting the Directive's transposition date of 22 December 2002,
but remain committed to the earliest possible implementation of this
important  Directive and will endeavour to implement the Directive by
31 March 2003 at the very latest.
http://www.qlinks.net/items/qlitem14835.htm

12. US - Internet Sites Delete News of Sales by Big Retailers (New
York Times)
Several Internet shopping sites have removed information about post-
Thanksgiving sales after major retailers including Wal-Mart and
Target threatened legal action under a digital copyright law.Legal
experts said invoking a copyright law in this context was unusual,
because the information appeared to be a set of facts rather than the
kind of original or expressive work that is typically covered by
copyright law
http://www.qlinks.net/items/qlitem14854.htm

13. US - Prominent judge criticises expansion of copyright (CNET
News.com)
U.S. Appeals Court Judge Richard Posner, one of America's most
prominent jurists, warned of an "enormous expansion" of intellectual-
property law, adding a conservative voice to a chorus of criticism
that's so far come from the left. During a lecture organized by the
American Enterprise Institute and the Brookings Institution, Posner
criticized a 1998 law extending the duration of U.S. copyrights. He
also attacked the Patent and Trademark Office for granting "very
questionable" business method patents.
http://www.qlinks.net/items/qlitem14846.htm

14. Web site to give free access to children's books (AP)
A new Web site will make thousands of children's books from 100
different cultures available for free to Internet-savvy kids around
the world. When it's completed in about five years, the International
Children's Digital Library will hold about 10,000 books targeted at
children ages 3 to 13.
http://www.qlinks.net/items/qlitem14833.htm

15. DE - BGH-Entscheidungen zum Download im Web (Heise)
Auf der Website des Bundesgerichtshofes (BGH) stehen alle
Entscheidungen, die ab dem 1. Januar 2000 gefällt wurden, zum
Download im PDF-Format zur Verfügung.
http://www.qlinks.net/items/qlitem14869.htm

16. UK - Net activism offers lessons for ministers (BBC)
The increasing use of the internet by political activists could
provide valuable lessons for the UK Government. At a summit of
ministers, business leaders and net experts in London this week,
officials acknowledged that the government needed to do more to get
citizens engaged in the political process online.
http://www.qlinks.net/items/qlitem14842.htm

17. US - E-Government Act Passes Congress (CDT)
The E-Government Act, a bill intended to fundamentally change the
way the federal government uses information technology to interact
with citizens has been passed by Congress. The final version included
several new provisions, notably the Federal Information Security
Management Act (FISMA). President Bush is expected to sign the bill
into law. Text of S. 803.
http://www.qlinks.net/items/qlitem14832.htm

18. US - Government agency pulls Web site (CNET News.com)
The Department of Energy closed the online research database
Pubscience after receiving complaints that it competed too closely
with commercial efforts.
http://www.qlinks.net/items/qlitem14845.htm

19. EU - MEPs endorse Commission proposal on tobacco advertising
(Euractiv)
On 20 November, the EP plenary adopted in its first reading a
Resolution on tobacco advertising fully endorsing the Commission's
proposal for a new Directive on this matter. The ban will extend to
the advertising and promotion of tobacco via different channels. On
the internet, commercial information on ingredients, quality
standards and health aspects can still be made public. see also
Tobacco Advertising (EurActiv).
http://www.qlinks.net/items/qlitem14847.htm

20. US - Credit Cards Seek New Fees on Web's Demimonde (New York
Times)
In the wake of rules from credit card companies and banks that have
strangled many online gambling sites, Visa and MasterCard are now
looping the noose for adult sites that may have spotty credit-card
records. Many of the online companies say that the new rules, which
the card companies call antifraud measures, will clean up an industry
rife with unethical billing practices. But some operators say that,
in fact, the credit card companies have taken it upon themselves to
step in as de facto regulators of their industries.
http://www.qlinks.net/items/qlitem14870.htm

21. EU to set standards for health sites (Reuters)
The European Commission wants to introduce minimum quality standards
for Web sites providing advice on health matters. Concerns about the
authenticity of healthcare and pharmaceutical sites have been
percolating for years, particularly as more and more consumers head
online to research maladies and cures. Thousands of professional and
amateur sites have appeared to field their questions. A common EU
standard would reinforce consumer protection for increasingly popular
medical Web sites.
http://www.qlinks.net/items/qlitem14849.htm

22. US - Pentagon Defends Database Search Project (AP)
The Pentagon defended an anti-terrorism technology experiment that
critics have likened to domestic spying on the financial transactions
of ordinary citizens.  Pete Aldridge, the chief of technology for the
Defense Department, told reporters that the project is intended to
test whether new computer tools can comb through masses of
information - such as credit card and bank transactions, car rentals
and gun purchases - and spot clues to the planning of terrorist acts.
see also Pentagon defends 'Big Brother' plans (MSNBC) 11/20/2002,
http://www.qlinks.net/items/qlitem14836.htm

23. UK - Blair pledges to kick-start broadband (BBC)
UK Prime Minister Tony Blair has promised to give every school,
university, hospital and doctors' surgery a high-speed link to the
internet. At present many public services connect to the web through
a telephone line, but the government wants more access to the
broadband connections. UK - Prime Minister's keynote speech to e-
Summit  (Number 10).  PM: Britain can become 'technological
powerhouse' in IT. In a keynote speech at the e-Summit the Prime
Minister, Tony Blair, said that Britain has the potential to match
the 19th Century industrial revolution with 'a 21st Century
information revolution'. see also E-envoy left in the slow lane (BBC)
http://www.qlinks.net/items/qlitem14840.htm

24. UK - Slow progress on broadband Britain (BBC)
The government should do more to extend the range of high-speed
internet services in the UK, a major report into the progress of
broadband Britain has found. In its second annual report the
Broadband Stakeholders Group found there had been progress in wiring
the nation. But it also saw plenty of room for improvement,
especially if the government is to achieve its target of making the
UK the best place for e-commerce by 2005.
http://www.qlinks.net/items/qlitem14841.htm

25. US - Tech companies ask for unfiltered Net (CNET News.com)
A coalition of technology companies called the Coalition of
Broadband Users and Innovators  warned that cable companies might try
to interpose themselves as gatekeepers between customers and Internet
content. In a three-page letter to the Federal Communications
Commission, the group, which includes Amazon.com, Apple Computer,
Microsoft and others, called on the agency to preserve Internet
users' "unfettered ability to reach lawful content and services and
to communicate and interact with each other."
http://www.qlinks.net/items/qlitem14861.htm

26. CipherTrust wants your spam (CNET News.com)
E-mail security company CipherTrust wants your spam. The company is
calling on surfers of all stripes to help it wage a fight against
spam by sending their unsolicited mass e-mail to its new Web site,
Spamarchive.org. The idea is to create a vast public repository of
spam, so makers of antispam tools can test their algorithms on the
latest mass-messaging trends.
http://www.qlinks.net/items/qlitem14834.htm

27. Death by Spam - The e-mail you know and love is about to vanish
(Slate)
by Kevin Werbach. It's time to give up: Despite the best efforts of
legislators, lawyers, and computer programmers, spam has won. Spam is
killing e-mail. Or at least it's about to destroy the e-mail we're
used to.
http://www.qlinks.net/items/qlitem14862.htm

28. La Cnil fait pan sur les spams (Libération)
Est-ce la fin des dizaines de messages non-sollicités qui
encombrent, chaque jour, les boîtes aux lettres d'internautes
toujours plus nombreux? Ce phénomène, appelé le «spam», vient de
faire réagir la Commission nationale de l'informatique et des
libertés (Cnil), qui a publié un rapport sur le sujet, et alerté la
justice à propos de cinq sociétés émettrices de spams. Halte au spam
(CNIL).  voir aussi Agir contre le spam (AFA).
http://www.qlinks.net/items/qlitem14855.htm

29. America Online scraps teen shopping (CNET News.com)
America Online has banned teens from its shopping areas, including
auctioneer eBay and retailer Amazon.com. Previously, children ages 13
to 17 who signed onto the service with a parentally controlled screen
name could buy products. While many of the products may have been
acceptable to parents, teens were also able to find and purchase
alcohol, tobacco and pornographic material. The drastic move plugs a
potential leak in AOL's highly touted parental controls, which have
become a central selling point for AOL as it battles with Microsoft's
MSN service.
http://www.qlinks.net/items/qlitem14863.htm

30. UK - OFCOM to promote media literacy (Parliament)
Clause 10 of the Communications Bill contains detailed provisions
laying down a duty of OFCOM to encourage a better public awareness
and understanding of electronic media content and methods of access-
control and filtering, and to encourage the development and use of
technologies and systems for access-control and filtering.
http://www.qlinks.net/items/qlitem14850.htm

31. EU - Rat will Anti-Hacker-Gesetzgebung verschärfen (Heise)
Geht es nach dem Willen des Rats der Europäischen Union, drohen
Sicherheitsprüfern im IT-Bereich und gutwilligen Hackern bald
dieselben Strafen wie Cyberterroristen. In einer Stellungnahme zum
umstrittenen Rahmenbeschluss der EU-Kommission zu Angriffen auf
Informationssysteme, die heise online vorliegt, plädiert die
Vertretung der EU-Mitgliedstaaten in Brüssel für eine gravierende
Verschärfung des Kommissionsvorschlags. Auf Druck von Ländern wie
Frankreich, Portugal, Großbritannien, Griechenland und Spanien wurde
aus einem der Kernparagraphen der Vorlage, dem Artikel 3, das
Privileg für Security-Experten zum freien Testen von Systemen
gestrichen.
http://www.qlinks.net/items/qlitem14868.htm

32. US - Perspective: Say hello to Big Brother (CNET News.com)
Like it or not, the proposed Department of Homeland Security firmly
establishes Washington's central role in computer and network
security. The massive new bureaucracy will become - among other
things - the nation's clearinghouse for developing plans to prevent
electronic attacks, thwart them when they occur and release
advisories to the public.
http://www.qlinks.net/items/qlitem14857.htm

33. US - Secret U.S. court OKs electronic spying (CNET News.com)
A secretive federal court granted police broad authority to monitor
Internet use, record keystrokes and employ other surveillance methods
against terror and espionage suspects. In an unexpected and near-
complete victory for law enforcement, the Foreign Intelligence
Surveillance Court of Review overturned a lower court's decision and
said that Attorney General John Ashcroft's request for new powers was
reasonable. The 56-page ruling removes procedural barriers for
federal agents conducting surveillance under the 1978 Foreign
Intelligence Surveillance Act (FISA). The law, enacted as part of
post-Watergate reforms, permits sweeping electronic surveillance,
telephone eavesdropping and surreptitious searches of residences and
offices.
http://www.qlinks.net/items/qlitem14858.htm

34. OnlineConfidence - Promoting trust in buying goods and services
on-line (Eurochambres)
OnlineConfidence aims to give buyers (both businesses and consumers)
access to an out of court process which will be effective,
transparent, independent, fair, low cost and which respects the legal
rights of all concerned. We propose a single, pan-European
alternative dispute resolution (ADR) system, seamless to the user,
and delivered by arbitrators/mediators spread throughout Europe. This
will apply to B2B and B2C disputes deriving from on-line activities
only, such as purchases made via Websites. see also Euro-Label. Euro-
Label is the trust mark awarded to commercial websites that comply
with the European Code of Conduct. It guarantees the reliability of
international and national transactions.
http://www.qlinks.net/items/qlitem14848.htm

35. US - Alternative Dispute Resolution report (Shidler Center)
The ABA Task Force for E-commerce and Alternative Dispute
Resolution, in cooperation with the Shidler Center, has released its
final report and a set of recommended best practices for ODR Service
Providers. see also comprehensive bibliography.
http://www.qlinks.net/items/qlitem14830.htm

36. Cyberterrorism and Terrorist 'Use' of the Internet (First Monday)
Bytesby Maura Conway. This paper examines the concept of
cyberterrorism. Fringe activity on the Internet ranges from non-
violent 'Use' at one end to 'Cyberterrorism' at the other. Rejecting
the idea that cyberterrorism is widespread, the focus here is on
terrorist groups' 'use' of the Internet, in particular the content of
their Web sites, and their 'misuse' of the medium, as in hacking
wars, for example. Terrorist groups' use of the Internet for the
purpose of inter-group communication is also surveyed
http://www.qlinks.net/items/qlitem14839.htm

37. US - Report: ISPs must learn from Sept. 11 (CNET News.com)
The Internet sustained relatively little damage during the terrorist
attacks on Sept. 11, 2001, when the collapsing World Trade Center
destroyed lower Manhattan's communications networks, according to a
new report. The National Research Council's report, however, warns
that Internet service providers must prepare for future emergencies.
see The Internet Under Crisis Conditions: Learning from September 11
(CSTB).
http://www.qlinks.net/items/qlitem14837.htm

38. Nokia v Microsoft - The fight for digital dominance (Economist)
The convergence of mobile phones and computers is bringing the
giants of the two industries into direct conflict. see also
Computing's new shape -  Smartphones and handheld computers
(Economist).
http://www.qlinks.net/items/qlitem14853.htm

39. US - Movielink's Premiere Doesn't Live Up to Its Promise
(Washington Post)
Movielink, the first site to let people legally download major-
studio motion pictures - a joint venture of the five big studios
(Metro-Goldwyn-Mayer Studios, Paramount Pictures, Sony Pictures
Entertainment, Universal and Warner Bros.)  - has opened for
business. Its first-to-the-market status makes Movielink worthy of
commendation: The movie industry may still whine about online piracy,
but it's also offering an alternative to theft. If, however, you are
a consumer instead of a policy analyst, Movielink looks much less
attractive. It offers a lousy selection, uncompetitive prices, unduly
restrictive terms, poor quality and a slow delivery mechanism.
http://www.qlinks.net/items/qlitem14867.htm

40. UK - BT offers filter tool for parents (vnunet)
BT Openworld has joined forces with CyberPatrol to offer content
filtering software. It will block websites which parents feel may be
unsuitable for children and enable them to filter inbound and
outbound chat room content or block it completely.  The service can
also block children from disclosing personal information such as
phone numbers and addresses. Parents who do not want their offspring
online for hours at a time will be able to use the service to
allocate the amount of time spent online by individual family members.
http://www.qlinks.net/items/qlitem14866.htm

41. W3C - Turning up the heat on Web privacy (CNET News.com)
When Microsoft introduced version 6 of its Internet Explorer
browser, many Webmasters were puzzled to find that their cookies were
being blocked in increasing numbers. The culprit was IE's default
implementation of the Platform for Privacy Preferences (P3P), and for
that, the irate Webmasters had Lorrie Cranor to thank.
http://www.qlinks.net/items/qlitem14859.htm

42. UK - Internet subscriptions continue to grow (Nua)
According to the latest data from the Office of National Statistics,
Internet subscriptions in the UK grew 12.4 percent from September
2001 to September 2002.
http://www.qlinks.net/items/qlitem14864.htm

43. US - Parents use the Internet more (NUA)
A new study from Pew Internet & American Life indicates that parents
are more likely to use the Internet than non-parents.  70 percent of
US parents with a child at home use the Internet, compared to just 53
percent of non-parents. The study found that parents are generally
more enthusiastic than non-parents about technology and its benefits
and are strong believers that their children need to master PCs and
the Net in order to get ahead in life.Yet, parents are less fervent
Internet users than non-parents, according to the study. Online
parents are less likely to use the Internet on a typical day than non-
parents and if they do go online will go on for a shorter period of
time.
http://www.qlinks.net/items/qlitem14865.htm

44. 2002-12-06 Cable & Wireless Childnet Awards - deadline for
submissions (Childnet International)
The deadline for submissions for the Cable & Wireless Childnet
Awards is 6 December 2002. It's a unique global contest that rewards
children and those working with them, who are developing outstanding
Internet sites and activities that directly benefit other children.
Winners receive prize money, free trips to London for the awards
ceremony in April 2003, and the activities surrounding the event.
http://www.qlinks.net/items/qlitem14875.htm

45. 2002-12-10 FR Pornographie sur l'internet : Quels enjeux ?
Quelle protection pour les mineurs ? (Forum des droits sur l"internet)
Le sixième débat du Forum des droits sur l'internet abordera le 10
décembre la question de la pornographie sur l'internet. Internet est
en effet un vecteur plus important que la télévision dans la
diffusion des contenus pornographiques.
http://www.qlinks.net/items/qlitem14844.htm

Main Sources and Contributors:
Baker & McKenzie E-Law Alert, Michael Geist BNA - ILN,
cybertelecom.org, jugendschutz.net, Gerhard Heine.

QuickLinks
Links to news items about legal and regulatory aspects of Internet
and the information society, particularly those relating to
information content, and market and technology.


QuickLinks is edited by Richard Swetenham
(richard.swetenham /at/ cec.eu.int) 

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