[FYI] (Fwd) FC: Bosnia wants to make Internet firms monitor, police

["Axel H Horns" <horns@ipjur.com>]

------- Forwarded message follows -------
Date sent:      	Thu, 21 Feb 2002 22:24:27 -0500
To:             	politech@politechbot.com
From:           	Declan McCullagh <declan@well.com>
Subject:        	FC: Bosnia wants to make Internet firms monitor, police their users
Copies to:      	info@cra.ba, bob@internews.org
Send reply to:  	declan@well.com

I've taken the MSWD document, crudely translated it into HTML, and
placed it here (a text copy is attached below):
http://www.politechbot.com/docs/bosnia.isp.license.022102.html

-Declan

---

Date: Fri, 22 Feb 2002 01:02:54 +0500
To: declan@well.com
From: Robert Horvitz <bob@internews.org>
Subject: ISP licensing issues in Bosnia-Herzegovina

Dear Mr McCullagh,

On 5 February 2002, Bosnia-Hercegovina's Communications Regulatory
Agency (CRA), released the draft text of new licensing regulations for
Internet Service Providers (ISPs).  The text contained several
unwelcome surprises.  Perhaps most unwelcome is Paragraph 5.2, which
says, according to the official English translation:

    "5.2. The LICENSEE shall ensure that objectionable, obscene,
    unauthorised or any other content, messages or communications
    infringing copyright and international & domestic regulations on
    Internet and public communications, in any form are not carried in
    his network."

This license condition would seem to make ISPs responsible for
monitoring and blocking all "objectionable" or "unauthorized"
content passing through their system, in real-time - including
even email messages sent between individuals, and data in transit
between senders and receivers outside the country.  No definitions are
provided for the vague terms "objectionable" and "unauthorized."

Holding ISPs fully and instantly responsible for all content
carried by their network is of course contrary to the norms of
most other countries.  Nearly everywhere else, the person who is
responsible for removing offensive content is the person who put
it online.

It was even surprising that the CRA wants to license ISPs.  Last
autumn, the CRA's previous head told the BA ISP Association that
CRA would only require a general authorization.  That would be
consistent with the European Union's Licensing Directive
(1997/13/EC), as well as the more recent EU "Proposal for a
Directive on the authorization of electronic communications
networks and services" [12 July 2000].

The final draft of the ISP license text is supposed to be presented to
the CRA Council at its meeting in March 2002 - despite that fact that
the Bosnian public, which will bear the brunt of the cost of
implementing the content-monitoring requirement, as well as the loss
of privacy rights - is still largely unaware of what is at stake. 
Indeed, right after the draft license text was released, a CRA
employee in Mostar wrote an article for Europemedia.net assuring
eveyone that "the CRA has only been given authority over the technical
aspects of the internet, not over content-related issues..." (see
http://www.europemedia.net/shownews.asp?ArticleID=8307)

CRA was created by the Office of the High Representative in BiH,
under a mandate from the Peace Implementation Council, which is
dominated by the NATO countries.  As a result, CRA is rather more
sensitive to foreign influences than most regulatory agencies. But it
remains to be seen if any pressure, either at home or from abroad, can
induce them to modify the draft ISP licensing text before it is
approved in March.

Contact information for the CRA can be found at

       http://www.cra.ba/English/contacts.htm

The full text of the draft ISP license (in English) is attached to
this message.

                        Yours truly,
                        Robert Horvitz (formerly, antenna@well.com)




=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Robert Horvitz                     E-mail:  HORVITZ@MBOX.VOL.CZ
Manager, Central/Eastern Europe                ANTENNA@WELL.COM
Global Internet Policy Initiative             BOB@INTERNEWS.ORG
Slavikova 11                         Tel/fax: (+420 2) 22726807
120 00 Praha 2, Czech Republic      HTTP://WWW.GIPIPROJECT.ORG/

---

[Below is my cut-and-paste copy of the MSWD file, also available at
the URL above. --Declan]

Pursuant to the Decision of the High Representative of 2 March 2001
Combining the Competencies of the Independent Media Commission and the
Telecommunications Regulatory Agency, and to Article 6 (a) of the Law
on Telecommunications (Official Gazettes of Bosnia and Herzegovina Nr.
10/99),

the Communications Regulatory Agency, body responsible to perform
regulatory functions in the field of communications in Bosnia and
Herzegovina, ....../ ......./ 200.. has awarded the following:


LICENCE
FOR INTERNET SERVICE PROVIDER

To
[Licensee]




1	DEFINITIONS

All expressions used hereinafter shall have the meaning:

AGENCY means the Communications Regulatory Agency (CRA) established by
Decision of the High Representative of 2 March 2001 Combining the
Competencies of the Independent Media Commission and the
Telecommunications Regulatory Agency;

Licence means a licence text defined and awarded by the AGENCY

Licensee means legal entity that has been awarded Licence for
providing the Service.

ISP means Internet Service Provider Licensed to provide Internet
Service under conditions defined by Licence.

Internet means a global information system that:

-	is logically linked together by a globally unique address, based on
Internet Protocol (IP) or its effective sucessors;

-	is able to support communications using the Transmission Control
Protocol/Internet Protocol (TCP/IP) suite or its effective sucessors,
and all other IP compatible protocols; and

-	provides, uses or makes accessible, either publically or privately,
high level services layered on the communications & related
infrastructure.

The RIPE NCC means the RIPE Network Coordination Centre (NCC) as an
International institution responsible to ensure the fair distribution
of global Internet resources in the RIPE NCC service region required
for the stable and reliable operation of the Internet what includes
the allocation of Internet (IP) address space.

Domain Name Domain names registered in RIPE NCC and represents a
unique alpha-numeric designation to facilitate reference to the sets
of numbers that actually locate a particular computer connected to the
global information network;

IP Addresses: Internet Protocol Addresses which is 32 bit or 128 bit
binary address organised in dotted octet, four sets of numbers
separated by dots, used to unique identify network or server with
network application

Service means Internet Service such as Internet Access Service, Store
& Forward Services, Remote Host Login, Electronic Mail using TCP/IP,
File Transfer and Information Discovery Services e.g. Gopher (Indexed
File Transfer, Worldwide Web (WWW), etc.

Operator means any person who is authorised by the Agency to run a
Relevant Connectable System.

Applicable Systems: The "applicable system" means all the necessary
equipments or systems engineered to provide Internet Service to the
appropriate operational, technical and quality requirements and other
terms and conditions of the Licence agreement and as may be laid down
in the AGENCY rules.

Connectable System means a telecommunication system which is
authorised to be run under a Licence which authorizes connection of
that system to the applicable System;

Subscriber means any person or legal entity that avails the service
from the Licensee.

"Value Added Service": Value Added Services are services which add
value to the basic telecom services and bearer services for which
separate Licences are issued.

Validity of the Licence means the period for which this Licence is
effective and operative.


2	SCOPE OF LICENCE

2.1.	The Communications Regulatory Agency (the AGENCY) does, hereby,
grant Licence to establish, operate and maintain Internet Service (the
"Service") in Bosnia and Herzegovina, on the terms and conditions
established by this Licence.

2.2.	the AGENCY reserves the right to modify at any time the terms and
conditions of the Licence hereto, if in the opinion of the AGENCY it
is necessary or expedient to do so in the interests of the general
public or for the proper conduct of telecommunications or on security
consideration.  In all cases, the AGENCY decision is final and
irrespective of conditions defined in Licence

2.3.	The AGENCY reserves the right to suspend or terminate the Licence
in the event of an emergency situations or any other eventuality in
public interest.





3.	VALIDITY OF LICENCE

3.1.	Initially the Licence is granted for a period of 10 years.

3.2.	Requests for extension shall be made 6 months before expiry date
with respect of the date stated in paragraph 16 of this Licence. If no
request for extension is received by then, the Licence shall
automatically stand terminated as per due date. The Licence shall be
extended normally under the conditions defined by AGENCY. AGENCY shall
extend or refuse extension of the Licence on a request received by it.
The decision of the AGENCY shall be final in the matter.

3.3.	If the Licensee is to surrender the Licence, it shall give an
advance notice of 30 days to the AGENCY to this effect. The Licensee
shall also intimate its subscribers of consequential withdrawal of
service by serving a 30 days notice to them.

3.4.	If at any time, during the continuance of this licence, the
performance in whole or in part, by either party, of any obligation
under it is prevented or delayed, by reason of war, rebellion,
turnout, fire, flood or any such event will not be understand as
violation of the Licence obligation, if  is given notice to Agency
about Force Majeure. Continuation of provision of licensed service
shall be resumed as soon as practicable, after such event comes to an
end or ceases to exist.


4.	RESPONSIBILITY

4.1.	The Licensee shall respect all restrictions in the provision of
services as defined by this Licence.

4.2.	 The Licensee shall respect all parameters of Service quality as
and when defined by the AGENCY.

4.3.	The Licensee shall be solely responsible for the installation,
networking and operation of necessary equipment and systems, issue of
bills to its subscribers as well as treatment of the subscribers'
complaints. 4.4.	The Licensee is responsible for provision of all
needed infrastructures involved in providing the Service compatible
with the equipment of other Service providers.

4.5.	The Licensee shall clearly indicate the specifications of the
Service to the subscribers at the time of entering into contract with
such subscriber.

4.6.	It will be the responsibility of the Licensee to obtain its own
IP address, domain name etc. from competent bodies.

4.7.	The Licensee shall provide the service in Bosnia and Herzegovina
to any individual or legal person without any discrimination and in
accordance with his technical possibilities.

4.8.	The Licensee shall plan and provide, operate and maintain the
Licensed service meet the appropriate quality standards as may be
defined by Agency.

5.	SERVICE STANDARDS

5.1.	The LICENSEE shall warrant that Services to be provided by him
shall be of the acceptable grade, consistent with the established and
generally accepted standards as may be defined in accordance with
paragraph 4.8 above. The LICENSEE shall be responsible for repair of
defects and making good any degradation in the Service during the
currency of the Licence.

5.2.	The LICENSEE shall ensure that objectionable, obscene,
unauthorised or any other content, messages or communications
infringing copyright and international & domestic regulations on
Internet and public communications, in any form are not carried in his
network.

6.	LIMITATIONS

6.1.	Internet telephony, Video telephony or Video conferences as
commercial services are not permitted under the terms of this Licence.
If the Licensee is found to be offering such services for commercial
gain then the Agency shall take appropriate action including but not
limited to termination of the licence.


7.	LEASED LINES AND INTERCONNECTION

7.1.	The Licensee may obtain the transmission links on lease from any
other Operator authorised to lease such lines to third parties. The
Licensee may also establish its own transmission links for carrying
traffic related only to his service within Bosnia and Herzegovina, and
subject to permission of AGENCY. Such permissions include but are not
limited by the applicable provisions of the Rules on Interconnection
and also that on Leased Lines.












8.	LICENCE FEE

8.1.	The Licensee shall pay to the AGENCY fees for work related to the
Licence in the amounts and ways described below:

1)	Fee for the processing of the application - once	500KM

2)	Fee for the right to use the Licence  annually	4000KM


8.2.	The Licence Fee shall be paid in advance on yearly basis and on
the payment form issued by the AGENCY.

8.3.	The AGENCY reserves the right to review the Licence fee at it's
discretion at any time during the validity of the Licence. The AGENCY
may not increase the Licence fee with retroactive effect. The
increased Licence fee as may be decided by the AGENCY shall not
implement for the paid fee but shall implement to the unpaid fee.


9.	TARIFFS

9.1.	The LICENSEEs will be free to fix their own tariff to be charged
from subscribers. The tariff shall be left open to be decided by
market forces. The Licensee shall intimate the AGENCY, the tariff for
the service to be charged from its subscribers and any changes
thereof, at least 10 days prior to its implementation. Such notices
shall also be issued to the LICENSEE customers in advance of any
change to tariff

10.	REPORTS AND INFORMATION

10.1.	As and when requested by AGENCY, the Licensee shall deliver a
copy of each of the accounting statements, pricing list of the
Services as well as other technical and financial information not
later than 15 days after the issuing of the request.












11.	LIMITATION OF THE AGENCY LIABILITY

11.1.	In the case of dLicenseeute arising between Licensee and other
parties due to non observance of rules and regulations by the Licensee
as provided in this Licence, the AGENCY will have full powers to take
any action against Licensee as is provided in the relevant clauses of
this Licence and in accordance to AGENCY  Procedure.


11.2.	In case of any complaint or dLicenseeute with regard to the
Service from any subscriber of the service, such complaint or
dLicenseeute shall be a matter between such subscriber of the service
and the Licensee only.

12.	REVOCATION, TERMINATION AND SURRENDERING OF LICENCE


12.1.	The AGENCY may from the reasons stated in this Licence revoke
the Licence by giving a written notice of 30 days after affording a
reasonable opportunity to the Licensee to make representations.

12.2.	The AGENCY, may, without prejudice to any other remedy for
breach of conditions of Licence, by written notice of 30 days, issued
to Licensee at its registered office, terminate this Licence in whole
or part under any of the following circumstances:

i.	if the Licensee fails to commission or deliver the service within
the time period(s) specified in the Licence or in any extension
thereof, if granted by the AGENCY.

ii.	if the Licensee fails to perform any other obligation(s) under the
Licence including remittance of timely payments of Licence fee due to
the AGENCY.

iii.	if the Licensee does not rectify the failure within a notice
period of 30 days or during such further period as the AGENCY may
authorise in writing in this regard.

12.3.	The AGENCY, may at any time terminate the Licence by giving
written notice of 30 days to the Licensee without compensation to him,
if the Licensee becomes bankrupt or otherwise insolvent, provided such
termination shall not prejudice or affect any right of action which
has accrued or will accrue thereafter to the AGENCY. The right of
termination will arise on the Licensee being adjudicated or applying
for being adjudicated as bankrupt.


13.	RIGHT TO INSPECT

13.1.	The AGENCY, or its authorised representative shall have the
right to inspect the sites to which and where from the services are
extended.


14.	RIGHT TO PENALTY

14.1.	AGENCY reserves the right to, in case of a default of any of the
terms and conditions stipulated in the Licence, impose any penalty as
it may deem fit under the provisions of this Licence or applicable
rules by the Agency.

15.	PROHIBITION TO TRANSFER

15.1.	The Licensee may not transfer its rights in any manner
whatsoever to any other party or enter into any agreement for
sub-Licence and/or partnership relating to any subject matter of the
Licence to any third party either in whole or in part without prior
endorsement by AGENCY

16.	ENTERING IN THE FORCE AND DURATION

16.1.	This licence entering in the  force by the date: ……./……../200…
with duration until ……./……../200…




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