ANNEXE 3

QUESTIONNAIRE TO

PROVIDERS

Preliminary remark: over a five-month period, we have received 35 replies to the questionnaire. The replies are not always coherent. Some providers have answered questions they should not have answered, taken into account other questions, some have not answered all the questions, etc.

The questionnaire, to be found below, reviews answers to the questions, but only quantitative answers, not the sentences or text additions.

1. Control of information on the server

1.1. Do you sometimes check the information available on your server (newsgroups, Web pages, etc.) ?

Yes (30) - No (5)

1.2. If you find it justified, are you in a position to forbid access to this information ?

Yes (30) - No (4)

1.3. Do you sometimes do it ?

Yes (24) - No (9)

1.3.1. If you do not forbid access to this kind of information, why ?

 

1.3.2. If you do, could you give an example (anonymous, of course) of one or several cases when you did it ?

1.4. More generally, in the case you would refuse to provide access to certain information, what type of information would it be:

O information encouraging child sexual exploitation (23)

O information encouraging racial hatred (17)

O information encouraging violence (14)

O pornographic information (11)

O other kinds of information (which ones ?) (9)

1.5. On what basis would you identify such information ?

O code of ethics of other access providers (5)

O national regulations (13). Which ones ?

O own code of ethics (10)

O "good sense", not necessarily based on a written code (29)

2. Contract with the client

2.1. Do you have a contract defining rights and duties of yourself and your clients as far as the providing of Internet services (hosting of pages, etc.) or access is concerned?

Yes (20) - No (15)

If you do not, go to 2.1.5.

If you do:

2.1.1. Is it included in the contract that you reserve the right to forbid access to your clients' pages if these do not comply with certain rules of ethics ?

Yes (16) - No (7)

 

2.1.2. Do you specify that you reserve the right to communicate the names, addresses, etc. of your clients to the police or legal authorities, if they have activities of an illicit nature ?

Yes (4) - No (19)

 

2.1.3. Do you specify the nature of the information you possibly ban, or what you consider as illegal ?

Yes (7) - No (16)

 

2.1.4. Would you agree to give us a copy of your contract ?

Yes (14)48 - No

 

2.1.5. If you do not, do you consider drawing up such a contract (yes=2) ? Why ?

 

3. Code of ethics/rule of conduct

3.1. Have you drawn up any kind of code of ethics about Internet access providing ?

Yes (9) - No (25)

3.1.1. If you have, since when ?

3.1.2. If you have not, do you consider doing it or using a code created by other providers (which one ?) ?

3.1.3. If you plan to do nothing, could you give your reasons ?

3.2. Are you in favour of the creation of such a code covering all access providers in Belgium ?

Yes (26) - No (8)

3.2.1. If you are not, could you say why ?

3.3. Do you feel responsible for the information circulating via your services ?

Yes (15) - No (18)

3.4. Are you in favour of a legal clarification of your responsibilities ?

Yes (26) - No (5)

4. Bringing together access providers in Belgium

4.1. Are you in favour of the setting up of a trading organization which brings together access providers in Belgium ?

Yes (27) - No (7)

4.1.1. Why ?

4.1.2. If you are, which role do you think such an organization should play ?

4.2. Would you like to participate in such an organization ?

Yes (29) - No (4)

5. Co-operation with the police or legal authorities

5.1. Have you ever been contacted by the police or legal authorities to contribute to the detection of suppliers and demanders of information inciting to child sexual exploitation ?

Yes (4) - No (30)

5.1.1. If you have, who exactly contacted you ?

O criminal police (3)

O gendarmerie (2)

O local police (0)

O the Prosecution (1)

O others (to be specified) (1): ...

5.1.2. How did you react to this (these) request(s) ?

O Co-operation by passing on the names, addresses, etc. of the supplier or the demander (3)

O Other kind of co-operation (2). Which kind ?

O Refusal to co-operate (0). Why ?

5.2. Have you ever been contacted by the police or legal authorities to contribute to the detection of suppliers and demanders of other kinds of information ?

Yes (5) - No (28)

5.2.1. If you have, which kind of information ?

5.2.2. If you have, who exactly contacted you ?

O criminal police (4)

O gendarmerie (1)

O local police (0)

O the Prosecution (2)

O others (to be specified) (0): ...

 

5.2.3. How did you react to this (these) request(s) ?

O Co-operation by passing on the names, addresses, etc. of the supplier or the demander (3)

O Other kind of co-operation (0). Which kind ?

O Refusal to co-operate (1). Why ?

 

6. General information

6.1. Would you like to be kept informed of the progress of the MAPI project relating to Internet access providers and Web host providers ?

Yes (30) - No (3)

6.2. Do you participate in the technical working group set up by Minister di Rupo ?

Yes (10) - No (21)

6.2.1. Why ?