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Förderverein Informationstechnik und Gesellschaft
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------- 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
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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/
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[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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