[eccr] QuickLinks 280 - 24 August 2003

> QuickLinks 280 - 24 August 2003
>
> 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
>
> Competition
> 1. UK - BBC online review launched
> 2. UK - BSkyB chief launches attack on licence fee
> 3. UK - Filesharers turn tables on music industry
> 4. US - FCC to Allow Video on AOL Messenger
>
> Computer crime
> 5. AU - Govt launches net crackdown
> 6. AU - New national guidelines to combat e-crime
> 7. NZ - Drive for tougher child porn verdicts
> 8. UK - Net closes on paedophiles
> 9. UK - Policeman cleared of child porn charges after computer
> evidence blunder
>
> Content regulation
> 10. UK - ITC boss to police broadcast standards at Ofcom
> 11. US - Challenge to Washington state law on video games depicting
> violence against law enforcement officers
>
> Convergence of telecommunications, media and information technology
> 12. UK - New regulatory framework - FAQs by ISPs
> 13. UK - The Communications Act 2003 (Commencement No. 1) Order 2003
> 14. US - FCC to Offer Media Ownership Initiative
> 15. US - New broadband rules draw criticism
>
> Copyright, trademarks and patents
> 16. EU - Economists criticise Software Patentability
> 17. US - Lone file-swapper takes on recording industry
> 18. The quiet war over open-source
> 19. US - Media groups appeal P2P ruling
>
> Data Protection (privacy)
> 20. UK - Data protection rights are being ignored, says survey
>
> Employment and social issues
> 21. UK - FTSE 100 web sites failing basic accessibility tests
> 22. UK - Lawyer suspended over explicit e-mail cock-up
> 23. US - Library settles with workers who sued over exposure to
> Internet porn
>
> Hotlines
> 24. CH - Swiss revel in reporting Internet crime
>
> Internet access and use
> 25. UK - Broadband - a consumer guide
>
> Junk mail (spam)
> 26. NZ - Spammer ducks for cover as details published on web
> 27. US - FTC chair: Antispam proposals lacking
> 28. US - Marketers Say They Intend to Join Effort to Fight Spam
>
> Safer Internet awareness
> 29. US - Report on the Effectiveness of Internet Protection Measures
> and Safety Policies
>
> Security and encryption
> 30. Fraudsters bring email chaos
>
> Self-regulation / codes of conduct
> 31. AU - New system of endorsement for industry codes of conduct
>
> Market & Technology
>
> Statistics
> 32. Europe - Camera phone sales set to rocket
> 33. UK - Subscribers flock to 3G service
> 34. US - Net video to become a staple for cable?
>
> Technology
> 35. Aggregators attack information overload
> 36. RSS Hitting Critical Mass
>
> Forthcoming events
>
> 37. 2003-09-18 UK, London - Fair Play & Fair Pay
>
> 1. UK - BBC online review launched (BBC)
> An official review of the BBC's online services will be conducted by
> former Trinity Mirror chief executive Philip Graf, the British
> government has announced. The review will weigh up whether the BBC has
> stuck to its original plans - approved by the government in 1998 - and
> what impact it has had on the commercial sector.
> http://www.qlinks.net/items/qlitem16501.htm
>
> 2. UK - BSkyB chief launches attack on licence fee (Guardian)
> The chief executive of BSkyB will fire a powerful missile at the
> vulnerable underbelly of the BBC, with a claim that most viewers
> oppose the licence fee and a call to raise a 'red flag' over the
> corporation's 'expansionary ambitions'. Tony Ball, one of Rupert
> Murdoch's key lieutenants in Britain, will unveil a survey showing
> that 51% of viewers believe the £116 annual fee does not represent
> good value for money. It is the first time that an opinion poll has
> shown such dissatisfaction with the BBC, and will fuel the debate
> about the corporation's method of funding in the run-up to the renewal
> of its charter, which sets its remit and method of funding.
> http://www.qlinks.net/items/qlitem16506.htm
>
> 3. UK - Filesharers turn tables on music industry (Guardian)
> Grokster, the US music-swapping network that came to prominence in the
> wake of Napster's collapse, has turned the tables on the major music
> labels by reporting them to the Office of Fair Trading. The site,
> which allows users to swap music tracks on a huge global network,
> claims record companies are guilty of 'unfair business practices and
> restraint of trade' by refusing to discuss ways in which they could
> legalise its service.
> http://www.qlinks.net/items/qlitem16521.htm
>
> 4. US - FCC to Allow Video on AOL Messenger (Washington Post)
> The Federal Communications Commission has agreed to allow America
> Online to transmit video entertainment over its popular Instant
> Messenger system, ending a restriction imposed when it approved the
> merger of the online company with media giant Time Warner
> Communications in early 2001.
> http://www.qlinks.net/items/qlitem16519.htm
>
> 5. AU - Govt launches net crackdown (Australian IT)
> The Australian federal Government plans to outlaw using the internet
> for 'offensive and menacing purposes', proposing new laws that could
> mean two years in prison for activities like organising or advocating
> violent protests through the internet. see Using internet for
> offensive and menacing purposes to be outlawed (Joint Media release -
> Minister for Communications, Information Technology and the Arts and
> Minister for Justice and Customs).
> http://www.qlinks.net/items/qlitem16516.htm
>
> 6. AU - New national guidelines to combat e-crime (Stabdards
> Australia)
> New national guidelines are being launched in Australia to help
> organisations combat electronic crime following widespread concerns
> among business, government, law enforcement and the legal profession
> about the forensic status of computer-generated evidence. The
> Guidelines for the management of IT evidence published by Standards
> Australia will establish a benchmark for the preservation and
> collection of evidence in digital form, to support the development of
> evidentiary legal Standards. (AU $24.48).
> http://www.qlinks.net/items/qlitem16535.htm
>
> 7. NZ - Drive for tougher child porn verdicts (New Zealand Herald)
> End Child Prostitution Pornography and Trafficking (Ecpat NZ), is at
> the forefront of a push to strengthen the laws in New Zealand around
> child porn trading. The longest sentence that can be handed down for a
> single charge of trading child porn is one year.
> http://www.qlinks.net/items/qlitem16505.htm
>
> 8. UK - Net closes on paedophiles (Observer)
> A police unit of computer experts is tracking child abusers in chat
> rooms and on websites - by posing as porn collectors and vulnerable
> children.
> http://www.qlinks.net/items/qlitem16503.htm
>
> 9. UK - Policeman cleared of child porn charges after computer
> evidence blunder (Guardian)
> The detective who worked as liaison officer with the family of Soham
> murder victim Jessica Chapman was cleared yesterday of indecent
> assault and possession of child pornography after a botched
> investigation. The crown prosecution service (CPS) offered no evidence
> against Detective Constable Brian Stevens on three counts of indecent
> assault against two girls, three counts of distributing indecent
> photographs of children and five counts of possessing indecent
> photographs of children. The case against him collapsed after the
> prosecution admitted at Snaresbrook crown court in east London that a
> computer expert had made crucial errors in assessing the evidence on
> Mr Stevens' laptop computer.
> http://www.qlinks.net/items/qlitem16514.htm
>
> 10. UK - ITC boss to police broadcast standards at Ofcom (Guardian)
> New communications regulator Ofcom has hired a senior independent
> television commission official to oversee broadcasting standards,
> including complaints about TV and radio programmes and advertising.
> Chris Banatvala, the ITC's head of factual programmes, will join Ofcom
> as its head of standards. Mr Banatvala will report to Tim Suter, the
> Ofcom content board member with responsibility for content and
> standards. Mr Banatvala and Mr Suter will be responsible for drawing
> up standards codes for TV and radio programming. They will also work
> with the ad industry to develop a self-regulatory system for broadcast
> advertising, along the lines of the advertising standards authority,
> which oversees print and outdoor advertising.
> http://www.qlinks.net/items/qlitem16504.htm
>
> 11. US - Challenge to Washington state law on video games depicting
> violence against law enforcement officers (Media Coalition)
> VSDA v. Maleng. Plaintiffs, including the Video Software Dealers
> Association, Interactive Digital Software Association, Washington
> Retail Association, Interactive Entertainment Merchants Association,
> International Game Developers Association, and Hollywood Entertainment
> Corporation, filed a lawsuit in the U.S. District Court for the
> Western District of Washington. The suit challenges Washington HB
> 1009, which prohibits the sale or rental to anyone under age 17 of
> video games depicting violence against law enforcement officers.
> Plaintiffs won a preliminary injunction suspending the law on July 11.
> see also Current Litigation News Internet; Display; Violence; Zoning;
> Obscenity/Pornography; Harmful to minors/Minors' access; Seizure/Prior
> Restraint; Misc.
> http://www.qlinks.net/items/qlitem16528.htm
>
> 12. UK - New regulatory framework - FAQs by ISPs (OFTEL)
> Frequently asked questions (FAQs) by Internet service providers about
> the new regulatory framework. The new framework recognises two
> fundamental types of providers - providers of electronic
> communications networks (PECNs) and providers of electronic
> communications services (PECSs). An electronic communications network
> (ECN) is a transmission system for the conveyance of signals. This
> definition includes the networks used to carry dial-up and broadband
> Internet traffic and to provide end users with Internet access. An
> electronic communications service (ECS) is a service consisting in the
> conveyance of signals. This includes Internet access services provided
> by ISPs. Provision of an ECS does not extend to the provision of
> content services or most information society services, for example web
> hosting, parental controls and exclusive content. However, providing
> the underlying transmission over which a content or information
> society service is conveyed may well involve the provision of an ECS.
> Content provided over the Internet is specifically excluded by the Act
> from direct regulation. However Ofcom will have a statutory duty to
> promote public awareness that Internet content is unregulated, and how
> users can regulate and control access to it themselves. The Act
> requires Ofcom to establish a Content Board who will represent the
> interests of consumers in relation to Ofcom's work on the content of
> anything broadcast or transmitted by means of all electronic
> communications networks, including the Internet. Ofcom will have a
> function to promote broadcasting and Internet media literacy and to
> conduct and publish research into content regulation and to take
> account of findings in its work.
> http://www.qlinks.net/items/qlitem16531.htm
>
> 13. UK - The Communications Act 2003 (Commencement No. 1) Order 2003
> (HMSO)
> brings into force specified provisions of the Communications Act.
> http://www.qlinks.net/items/qlitem16534.htm
>
> 14. US - FCC to Offer Media Ownership Initiative (AP)
> Federal Communications Commission Chairman Michael Powell announced a
> series of initiatives aimed at ensuring broadcasters serve the
> communities in which they operate. The move comes amid intense
> criticism of the FCC's decision in June to revamp media ownership
> rules, which opponents said would promote more mergers and limit local
> programming. see also FCC seeks to still media law critics (Guardian)
> http://www.qlinks.net/items/qlitem16517.htm
>
> 15. US - New broadband rules draw criticism (CNET News.com)
> Federal regulators released details on controversial new rules that
> will help shape the future of the high-speed Internet and local
> telephone markets. The new regulations, a 576-page document, spell out
> the Federal Communications Commission's vision for competition between
> the big local phone companies and their rivals in the data and voice
> telephony markets. Analysts said competitors on both sides of several
> issues are likely to challenge many of the elements, and the
> commissioners themselves evidenced one of the most bitter splits in
> recent regulatory history over some of the key provisions.
> http://www.qlinks.net/items/qlitem16507.htm
>
> 16. EU - Economists criticise Software Patentability (GrepLaw)
> Some of the leading economists studying innovation have written an
> Open Letter to the European Parliament saying the proposed EU
> Directive on software patents 'will have serious detrimental effects
> on European innovation, growth, and competitiveness.' see proposal for
> a Directive on the Patentability of Computer-Implemented Inventions
> COM(2002) 92. Legislative history. see also Rapporteur's Explanatory
> Statement, Critique and The patentability of computer programs Study
> commissioned by the European Parliament. Reinier B. Bakels & P. Bernt
> Hugenholtz.
> http://www.qlinks.net/items/qlitem16509.htm
>
> 17. US - Lone file-swapper takes on recording industry (CNET News.com)
> An anonymous California computer user went to court to challenge the
> recording industry's file-trading subpoenas, charging that they are
> unconstitutional and violate her right to privacy. The legal motion,
> filed in Washington, D.C., federal court by a 'Jane Doe' Internet
> service subscriber, is the first from an individual whose personal
> information has been subpoenaed by the Recording Industry Association
> of America in recent months.
> http://www.qlinks.net/items/qlitem16500.htm
>
> 18. The quiet war over open-source (Washington Post)
> Open-source software has been embraced by some companies but it is the
> bane of others, including Microsoft. The software maker is lobbying in
> state, national and international capitals against laws that would
> promote the consideration or use of open-source software. So Microsoft
> sprang into high gear after an official of the World Intellectual
> Property Organization (WIPO), which promotes intellectual-property
> rights and standards, welcomed the idea of a meeting devoted to open
> source. The proposal for the meeting had come in a letter from nearly
> 60 technologists, economists and academics. The U.S. Patent and
> Trademark Office said that open-source software runs counter to the
> mission of WIPO to promote intellectual-property rights, that the WIPO
> official who embraced the meeting had done so without proper
> consultation with the member states, and that WIPO's budget already is
> strained and cannot accommodate another meeting next year. WIPO has
> now said it no longer has plans for an open-source gathering.
> http://www.qlinks.net/items/qlitem16499.htm
>
> 19. US - Media groups appeal P2P ruling (CNET News.com)
> Record labels and movie studios have appealed a federal court ruling
> that held for the first time that some file-swapping software was
> legal. That ruling came as a sharp blow to copyright holders'
> strategy of suing peer-to-peer network operators and software
> developers in order to curb the explosive growth of file trading.
> Beginning with a ruling against Napster, all court rulings had been in
> favor of the record companies and movie studios.
> http://www.qlinks.net/items/qlitem16522.htm
>
> 20. UK - Data protection rights are being ignored, says survey (Out-
> law)
> Ninety six percent of top UK companies failed to respond to individual
> requests for personal information held on their marketing databases _
> which amounts to a breach of the country's data protection law,
> according to a survey carried out by consultants Marketing Improvement
> which contacted a representative sample of 50 FTSE 100 companies.
> http://www.qlinks.net/items/qlitem16512.htm
>
> 21. UK - FTSE 100 web sites failing basic accessibility tests (out-
> law.com)
> Twenty-one percent of the top UK companies have web sites that fail
> basic accessibility tests, according to a report by site monitoring
> company Business2www. The worst site tested was that of Marks and
> Spencer - and BT.com fared little better. Three sites, including
> Dixons', could not be tested at all. Accessibility is not just about
> making sites accessible to the disabled, which is a legal requirement.
> It's also about ensuring that the links work, that the download times
> are acceptable and that the site does not restrict users who access
> the site from a range of devices or with browsers that cannot cope
> with, for example, Flash or JavaScript.
> http://www.qlinks.net/items/qlitem16511.htm
>
> 22. UK - Lawyer suspended over explicit e-mail cock-up (Observer)
> Think before you click. It's advice that Australian lawyer Patrick
> Smith may well wish he had taken before he mistakenly sent a sexually
> explicit e-mail to 30 people, rather than one intended recipient. Like
> others before it, Patrick Smith’s e-mail has now travelled the globe,
> and earned him a suspension from work.
> http://www.qlinks.net/items/qlitem16510.htm
>
> 23. US - Library settles with workers who sued over exposure to
> Internet porn (WCCO-TV)
> Minneapolis library officials will consider restricting patrons'
> access to Internet porn and pay $435,000 to a dozen librarians to
> settle a lawsuit that alleged the prevalence of the images constituted
> a hostile work environment. Library officials confirmed the settlement
> in a statement. They didn't confirm the amount, but said it involves a
> payment from their liability insurer.
> http://www.qlinks.net/items/qlitem16520.htm
>
> 24. CH - Swiss revel in reporting Internet crime (NZZ)
> A special Internet police unit is being swamped by tip-offs from the
> public denouncing suspected criminal websites. Since the beginning of
> the year, 3,600 complaints have been lodged with the Swiss
> Coordination Unit for Cybercrime Control (Cycos). Half of the
> complaints concerned websites carrying pornographic content, and half
> of these depicted hardcore acts. Other objections addressed spam
> emails, racist and extremist sites and infringement of copyright.
> http://www.qlinks.net/items/qlitem16530.htm
>
> 25. UK - Broadband - a consumer guide (OFTEL)
> A guide to encourage a better understanding amongst residential
> consumers of what broadband services are available and to enable
> consumers to take advantage of market opportunities resulting from
> competition.
> http://www.qlinks.net/items/qlitem16532.htm
>
> 26. NZ - Spammer ducks for cover as details published on web (New
> Zealand Herald)
> A New Zealander who sent millions of junk emails out every day has
> shut his business after his personal details were posted on the web.
> Shane Atkinson - whose business is known as spamming - said the
> barrage of abuse made him worry about the safety of his children. His
> identity as the man behind millions of spam messages promoting penis
> enlargement pills was revealed in a Herald article.
> http://www.qlinks.net/items/qlitem16515.htm
>
> 27. US - FTC chair: Antispam proposals lacking (CNET News.com)
> Antispam proposals in Congress are not strict enough and would do more
> harm than good, the chairman of the Federal Trade Commission said. In
> a strongly worded criticism of current legislation, Tim Muris
> characterized the dozen or so bills as well intentioned, but he warned
> they 'will do little to solve the current spam problems' and could be
> even 'less useful' than existing laws the FTC has been using to sue
> spammers.
> http://www.qlinks.net/items/qlitem16524.htm
>
> 28. US - Marketers Say They Intend to Join Effort to Fight Spam (New
> York Times)
> The Direct Marketing Association, which represents about 4,700
> companies that engage in marketing directly to consumers, has quietly
> begun working with federal law enforcement officials, regulators and
> Internet service providers to develop a high-technology group
> dedicated to helping shut down the most egregious users of bulk e-
> mail.
> http://www.qlinks.net/items/qlitem16502.htm
>
> 29. US - Report on the Effectiveness of Internet Protection Measures
> and Safety Policies (NTIA)
> Report pursuant to the Children's Internet Protection Act (CIPA),
> evaluating the effectiveness of technology protection measures and
> safety policies used by educational institutions. NTIA's report
> concludes that the currently available technology measures have the
> capacity to meet most of the needs of educational institutions and
> recommends: 1) technology vendors should offer training services to
> educational institutions on specific features of their products; and
> 2) expand CIPA's definition of "technology protection measures" in
> order to encompass a wider array of technological measures to protect
> children from inappropriate content.
> http://www.qlinks.net/items/qlitem16527.htm
>
> 30. Fraudsters bring email chaos (Guardian)
> The Sobig.F virus has entered the record books as the fastest
> spreading infection of its type, generating tens of millions of emails
> in three days, clogging up inboxes and bringing many computer systems
> to a standstill.
> http://www.qlinks.net/items/qlitem16508.htm
>
> 31. AU - New system of endorsement for industry codes of conduct
> (FindLaw)
> The Australian Competition and Consumer Commission will introduce a
> system of endorsement for high quality voluntary industry codes of
> conduct, ACCC Chairman, Mr Graeme Samuel, announced. 'This initiative
> has the potential to provide effective industry codes of conduct that
> deliver real benefits to businesses and consumers with the least
> possible compliance cost placed on either', Mr Samuel told the
> Australian Industry Group conference in Canberra. Such codes avoided
> 'heavy handed' regulation by government. Self regulation was not
> always effective. Co-regulation was a suitable halfway measure.
> 'Effective codes result in increased compliance and reduced regulatory
> costs', Mr Samuel said. see Press Release and full text of speech.
> http://www.qlinks.net/items/qlitem16529.htm
>
> 32. Europe - Camera phone sales set to rocket (BBC)
> Wireless industry analysts ARC Group say users will be seduced by new
> camera phone features and better multimedia messaging packages by
> Christmas. It will mostly be existing rather than new users who drive
> the demand for better, upgraded handsets. This almost doubles the
> current number of those with phones able to take and send pictures.
> http://www.qlinks.net/items/qlitem16525.htm
>
> 33. UK - Subscribers flock to 3G service (Guardian)
> A new mobile phone service that enables people to make video-phone
> calls and watch highlights of Premier League football matches on their
> handsets has beeneen attracting new subscribers at the rate of more
> than 10,000 a week. The third-generation mobile service called 3 has
> attracted around 155,000 UK subscribers since its launch in March.
> http://www.qlinks.net/items/qlitem16513.htm
>
> 34. US - Net video to become a staple for cable? (CNET News.com)
> Video on demand is a growing business for cable companies, according
> to a new study that predicts that 15 million cable subscribers
> worldwide will be paying for the feature by 2007. Video on demand
> (VOD) is a service offered by cable companies that lets subscribers
> order movies any time of day and control the video like a recording.
> Unlike pay-per-view services, subscribers can pause, rewind or fast-
> forward scenes from the movies and TV shows they order.
> http://www.qlinks.net/items/qlitem16523.htm
>
> 35. Aggregators attack information overload (Wired)
> Wired netizens who read a hundred blogs a day and just as many news
> sources are turning to a new breed of software, called newsreaders or
> aggregators, to help them manage information overload. Many now say
> that their news aggregator is as indispensable as their e-mail client.
> Aggregators, such as NewsGator and AmphetaDesk, allow users to
> subscribe to feeds from sources as diverse as the BBC, Sci-Fi Today,
> Slashdot and thousands of bloggers across the world. The services work
> by checking an Internet address at a regular interval, usually once an
> hour, to see if new content has been added.
> http://www.qlinks.net/items/qlitem16526.htm
>
> 36. RSS Hitting Critical Mass (Silicon Valley)
> by Dan Gillmor. Every morning I learn the latest from a variety of
> news organizations, weblogs, newsletters and other online information
> sources. But I don't use my e-mail program or go surfing from Web site
> to Web site. Instead, I use a piece of software called a news
> aggregator or newsreader to scoop up headlines and summaries, along
> with links to the places where they originated. I can do this because
> of a technology known as RSS, which stands for (among other things)
> Really Simple Syndication. It's been around for years but is still
> largely unknown outside the techie community. That's going to change,
> and soon.
> http://www.qlinks.net/items/qlitem16518.htm
>
> 37. 2003-09-18 UK, London - Fair Play & Fair Pay (EPSG)
> organised by British Computer Society Electronic Publishing Specialist
> Group and the Copyright Licensing Agency. This one-day seminar will
> look at the philosophical issues surrounding copyright in a digital
> environment (authenticity, ethics, privacy, manipulability, knowledge-
> sharing) and some practical aspects of safeguarding the current laws
> (rights management, encryption, collective administration, education).
> It will also enquire into the view that these laws are out-moded as
> well as ask what there is to replace them.
> http://www.qlinks.net/items/qlitem16533.htm
>
> Main Sources and Contributors: Baker & McKenzie E-Law Alert, Michael
> Geist BNA - ILN, cybertelecom.org, jugendschutz.net, Gerhard Heine,
> David Goldstein, Net Family News, selfregulation.info,
> saferinternet.org.
>
> 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)
>
  
----------------
ECCR-Mailing list
---
To unsubscribe, send an email message to (majordomo /at/ listserv.vub.ac.be)
with in the body of the message (NOT in the subject): unsubscribe eccr
---
ECCR - European Consortium for Communications Research
Secretariat: P.O. Box 106, B-1210 Brussels 21, Belgium
Tel.: +32-2-412 42 78/47
Fax.: +32-2-412 42 00
Email: (freenet002 /at/ pi.be) or (Rico.Lie /at/ pi.be)
URL: http://www.eccr.info
----------------