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Re: E-Komm-Direktive, Art. 12(1)(ca)
- To: Fitug-Debatten <debate@fitug.de>
- Subject: Re: E-Komm-Direktive, Art. 12(1)(ca)
- From: Thomas Roessler <roessler@guug.de>
- Date: Wed, 19 May 1999 09:06:36 +0200
- Comment: This message comes from the debate mailing list.
- In-Reply-To: <19990519005529.A30920@sobolev.rhein.de>
- References: <19990519005529.A30920@sobolev.rhein.de>
- Sender: owner-debate@fitug.de
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Anbei eine Gegenüberstellung von Kommissions- und Parlamentsentwurf.
SECTION 4
LIABILITY OF INTERMEDIARIES LIABILITY OF
INTERMEDIARY SERVICE PROVIDERS
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,
otherwise than under a prohibitory injunction, for the information
transmitted, on condition that the provider:
(a) does not initiate the transmission;
(b) does not select the receiver of the transmission; and
(c) does not select or modify the information contained in the
transmission.
(ca) allows means of
surveillance, which are to be
rendered operational on the
basis of legislation or codes
of conduct.
2. The acts of transmission and of 2.
provision of access referred to in The acts of transmission and of
paragraph 1 include the automatic, provision of access referred to in
intermediate and transient storage paragraph 1 include the automatic,
of the information transmitted in intermediate and transient storage
so far as this takes place for the of the information transmitted in
sole purpose of carrying out the so far as this takes place for the
transmission in the communication sole purpose of carrying out the
network, and provided that the transmission in the communication
information is not stored for any network, and provided that the
period longer than is reasonably information is not stored for any
necessary for the transmission. period longer than is reasonably
necessary for the transmission and
that all necessary steps are taken
to ensure that the information is
not, during storage, accessible
for persons other than the
intended recipient.
Article 13
Caching
Where an Information Society service is provided that consists in 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, otherwise than
under a prohibitory injunction, for the automatic, intermediate and
temporary storage of that information, performed for the sole purpose
of making more efficient the information's onward 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 industrial
standards;
(d) the provider does not (d)
interfere with the technology, the provider does not interfere
consistent with industrial with the technology, consistent
standards, used to obtain data on with industrial standards, used to
the use of the information; and obtain data on the use of the
information; and
[Bem.: Hier liegt offenbar
ein redaktioneller Fehler in
den provisional minutes vor.
Ein Entwurf hat für die
Parlamentsvariante die
folgende Formulierung:
"... use of the information
or to protect against
infringements; and"]
(e) the provider acts expeditiously to remove or to bar access to the
information upon obtaining actual knowledge of one of the following:
- the information at the initial source of the transmission has been
removed from the network;
- access to it has been barred;
- a competent authority has ordered such removal or barring.
Article 14
Hosting
Access and hosting
1. Where an Information Society
service is provided that consists 1. Where an Information Society
in the storage of information service is provided that consists
provided by a recipient of the in the provision of access to the
service, Member States shall communication network or in the
provide in their legislation that storage of information provided by
the provider shall not be liable, a recipient of the service, Member
otherwise than under a prohibitory States shall provide in their
injunction, for the information legislation that the provider shall
stored at the request of a not be liable, otherwise than under
recipient of the service, on proceedings pursuant to Article 18,
condition that: for the information rendered
accessible or stored at the request
of a recipient of the service, on
condition that:
(a) the provider does not have (a)
actual knowledge that the activity the provider does not know, or was
is illegal and, as regards claims not in a position to know, that the
for damages, is not aware of facts activity is illegal;
or circumstances from which
illegal activity is apparent; or
(b) the provider, upon obtaining (b)
such knowledge or awareness, acts the provider, upon learning that an
expeditiously to remove or to activity is illegal, acts
disable access to the information. immediately to remove or to disable
access to the information;
(ba) the provider does not initiate
the transmission and does not
select or modify the information
transmitted;
(bb) the provider shows that he
has complied with the obligations
imposed on him with regard to
informing the party whose
information is hosted about the
requirement for him to comply with
legislation, particularly on
illegal content, non-pecuniary
personal rights, copyright and
other intellectual property rights.
2. Paragraph 1 shall not apply when 2. The provisions of this
the recipient of the service is article shall not apply when the
acting under the authority or the recipient of the service is
control of the provider. 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, nor a general obligation
actively to 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.
Neither shall it affect any
technically feasible and reasonable
measures designed to prevent the use
of illegally provided content.
2a. Paragraph 1 applies under the
condition that, in accordance with
Community law - with particular
regard to Directives 95/46/EC and
97/66/EC of the European Parliament
and the Council -, the relevant
operator takes all reasonably
necessary steps to accommodate and
not interfere with accepted industry
standards used for the
identification and protection of
transmitted material.