[FYI] (Fwd) From the fortcoming EU Electronic Commerce Directive

[Horns@t-online.de (Axel H. Horns)]

------- Forwarded Message Follows -------
Date:          Tue, 24 Nov 1998 19:37:57 GMT0BST
From:          "Yaman Akdeniz" <lawya@lucs-01.novell.leeds.ac.uk>
Subject:       From the fortcoming EU Electronic Commerce Directive
To:            gilc-plan@privacy.org
Reply-to:      gilc-plan@gilc.org

>From the fortcoming EU Electronic Commerce Directive.

European Commission, PROPOSAL FOR A EUROPEAN
PARLIAMENT AND COUNCIL DIRECTIVE ON CERTAIN LEGAL ASPECTS OF
ELECTRONIC COMMERCE IN THE INTERNAL MARKET.

Yaman


The following part is relevant to ISP liability:

Section 4	Liability of intermediaries

Article 12 	 Mere conduit

1. Where an information society service is provided that consists of:
.  	the transmission in a communication network of information
provided by the recipient of the service ; or .  	the provision of
access to a communication network Member States shall provide in their
legislation that the provider of such a service shall not be liable,
other than for injunctive relief, for the information transmitted on
condition that the provider: - does not initiate the transmission, -
does not select the receiver of the transmission, and - does not
select and does not modify the information contained in the
transmission.

2. The acts of transmission and of provision of access referred to in
paragraph 1 include  the  automatic, intermediate and transient
storage of the information transmitted to the extent that this takes
place for the sole purpose of carrying out the transmission in the
communication network and that the information is not stored for a
period longer than is reasonably necessary for the transmission.

Article 13 	Caching

Where an information society service is provided that consists of the
transmission in a communication network of information provided by a
recipient of the service, Member States shall provide in their
legislation that the provider shall not be liable, other than for
injunctive relief, for the automatic, intermediate and temporary
storage of that information done for the sole purpose of making more
efficient the information's further transmission to other recipients
of the service upon their request, on condition that: a) the provider
does not modify the information; b) the provider complies with
conditions on access to the information; c) the provider complies with
rules regarding the updating of the information, specified in a manner
consistent with industry standards; d) the provider does not interfere
with technology, consistent with industry standards, used to obtain
data on the use of the information; and e) the provider acts
expeditiously to remove or to disable access to the information upon
obtaining actual knowledge that: -the information at the initial
source of the transmission has been removed from the network, or -that
access to it has been disabled, or -that a competent authority has
ordered such removal or disablement to take place.

Article 14 	Hosting

1. Where an information society service is provided that consists of
the storage of information provided by a recipient of the service,
Member States shall provide in their legislation that the provider
shall not be liable, other than for injunctive relief, for the
information stored at the request of a recipient of the service on
condition that: - 	the provider does not have actual knowledge that
the activity is illegal and, as regards claims for damages, is not
aware of facts or circumstances from which illegal activity is
apparent; or - 	the provider, upon obtaining such knowledge or
awareness, acts expeditiously to remove or to disable access to the
information.

2.	The provisions of this article shall not apply when the recipient
of the service is acting under the authority or the control of the
provider. 

Article 15  	No obligation to monitor

1. Member States shall not impose a general obligation on providers,
when providing the services covered by articles 12 and 14, to monitor
the information which they transmit or store or a general obligation
to actively seek facts or circumstances indicating illegal activity.

2. Paragraph 1 shall not affect any targeted, temporary surveillance
activities required by national judicial authorities in accordance
with national legislation to safeguard national security, defence,
public security and for the prevention, investigation, detection and
prosecution of criminal offences.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Yaman Akdeniz
<lawya@leeds.ac.uk> Cyber-Rights & Cyber-Liberties (UK) at:
http://www.cyber-rights.org

Read the new CR&CL (UK) Report, Who Watches the Watchmen, Part:II
Accountability & Effective Self-Regulation in the Information Age,
August 1998 at http://www.cyber-rights.org/watchmen-ii.htm
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~