© IFIP-SIG9.2.2
International Federation for Information Processing
Special Interest Group " IFIP Framework on Ethics of Computing "

Self-Regulation Instruments – Classification –
A Preliminary Inventory

Documents d’autoréglementation - Classification –
Un premier inventaire

Jacques Berleur, Penny Duquenoy, Marie d'Udekem-Gevers,
Tanguy Ewbank de Wespin, Matt Jones and Diane Whitehouse

(HCC-5, Geneva 1998; SIG9.2.2 January 2000;
SIG9.2.2 June 2000; IFIP-WCC-SEC2000)

1. Computing in general (L’informatique en général) *

1.1. General Principles (Principes généraux) *

1.2. Specific Principles (Principes spécifiques) *

1.2.1. For professional societies (Pour sociétés professionnelles) *

Codes (Standards/Guidelines) of Ethics (Practice/Conduct) of IFIP Computer Societies *

2. The Internet (L’Internet) *

2.1. General Principles (Principes généraux) *

One planet, One Net: Principles for the Internet Era *

Suggestion of Netiquette - Core Rules of Netiquette, by Virginia Shea *

The Net: User Guidelines and Netiquette, by Arlene H. Rinaldi *

Online Magna Charta, Charta of Freedom for Information and Communication, ‘The Wartburg Charta’, 1997 *

The Internet Society of New Zealand, The Internet "Twelve Commandments" (June 1999) - Principles for use of the Internet *

Confederation of European Computer User Associations (CECUA), Bill of Rights for the Citizen in the Global Information Society *

CEPIS’Mission Statements, Contribution to a Citizen’s Charter in the Information Society *

2.2. Specific Principles (Principes spécifiques) *

2.2.1 For « Virtual Communities » (Pour "communautés virtuelles") *

JANET Acceptable Use Policy (April 1995) *

2.2.2 For different actors (Pour différents acteurs) *

La Charte française de l’Internet, Proposition de Charte de l’Internet, Règles et usages des acteurs de l'Internet en France, 1997 *

2.2.3. For (associations) of Internet Service Providers (Pour (associations de) fournisseurs de services (ISPs)) *

ISPA-Austria, ISPA-Verhaltenrichtlinien (ISPA Guidelines of Conduct), adopted in 1999 *

Belgium, ISPA-Be, Code de Conduite, Version 1.0 (April 30, 1998) *

Italy, Associazione Italiana Internet Providers (@iip), Codice di Autoregolamentazione per i servizi Internet, (1997?) *

The Netherlands, Vereniging van Nederlandse Internet Providers, NLIP, Gedragscode (Code of Conduct), Draft 2.0, November 23rd, 1999 *

ISPA-UK, Code of Practice, adopted on January 25, 1999 (Updated version of the first version of May 21, 1996) *

Canadian Association of Internet Providers (CAIP), Code of Conduct, 1997 *

Western Australian Internet Association, Code of conduct for online service providers *

The Internet Society of New Zealand, Internet Code of Practice (June 1999) *

2.2.4 For other Service Providers (Pour autres fournissuers de services) *

Excite (1) Terms of Service *

Excite (2) Community Standards *

Excite (3) @Home (search) Terms of Service *

Excite (4) Privacy Policy *

Use of PII *

GeoCities Guidelines (as last modified July 1998) *

Yahoo (1) Terms of Service *

Yahoo (1) Terms of Service (Cont'd) *

Continued from previous page … *

Yahoo (2) GeoCities Terms of services *

Global One Code of Conduct Policy *

2.2.5. For Governmental Services and Actors (Pour services et acteurs gouvernementaux) *

The Intergovernmental Information Technology Leadership Consortium (Council for Excellence in Government) - Draft - Consortium Charter, 1997 *

2.2.6 For the industry in general (Pour l’industrie en général) *

Analysis of (self-regulation) code of conduct as suggested by the Memorandum on Self-Regulation of Internet Content (Bertelsmann Foundation) *

Australian Internet Industry Codes of Practice, Codes for Industry Self Regulation in Areas of Internet Content Pursuant to the Requirements of the Broadcasting Services Act 1992 as Amended December 1999 *

2.2.7. For specific sectors and services (Pour des secteurs et services particuliers) *

2.2.7.1. Health sector (Pour le secteur de la santé) *

Health Internet Ethics (Hi Ethics) *

Internet Health Care Coalition, eHealth Code of Ethics *

2.2.7.2. Publishing sector (Pour le secteur de l’édition) *

Charter of electronic publishing *

2.2.7.3. eCommerce sector (Pour le secteur du commerce électronique) *

Electronic Commerce Platform Nederland (ECP.NL) *

Global Business Dialogue on Electronic Commerce *

ICC Revised Guidelines on Advertising and Marketing on the Internet (International Chamber of Commerce Guidelines for Ethical Advertising on the Internet), April 1998 *

Better Business Bureau Inc., BBBOnLine, Code of Online Business Practices, Draft 1999 *

WebTrust Certification Services for E-Commerce Web Sites *

2.2.7.4. Software Publishers sector (Pour le secteur "Software publishers") *

US SPA’s (Software Publishers Association) Guidelines for Copyright Protection (previously called ‘ISP Code of Conduct’), 1997 *

See also : http://www.siia.net/piracy/policy/int_guide.asp *

2.2.7.5. Telemarketing sector (Pour le secteur Telemarketing) *

USA, American Teleservices Association *

USA, American Teleservices Association *

1. L’informatique en général

1.1. Principes généraux

HCC-5, Geneva, 1998 and Univ. of Namur, December 2000
Jacques Berleur and Tanguy Ewbank de Wespin

The Ten Commandments for Computer Ethics, by the Computer Ethics Institute (CEI), The Brookings Institution, 1775 Massachusetts Ave NW, Washington DC 20036Washington, D.C.

http://www.brook.edu/its/cei/cei_hp.htm

Title		The Ten Commandments for Computer Ethics
‘Ratione personae’	Actors present	Members of the IT professions, and the academic, corporate and public policy communities
	People concerned
‘Ratione loci’		Not specified; principles for all
‘Ratione materiae’ (Topics)		· Thou shalt not use a computer to harm other people. · Thou shalt not interfere with other people’s computer work. · Thou shalt not snoop around in other people’s files. · Thou shalt not use a computer to steal. · Thou shalt not use a computer to bear false witness. · Thou shalt not copy or use proprietary software for which you have not paid. · Thou shalt not use other people’s computer resources without authorization or proper compensation. · Thou shalt not appropriate other people’s intellectual output. · Thou shalt think about the social consequences of the program you write or the system you design. · Thou shalt use a computer in ways that show consideration and respect for your fellow humans.
Enforcement	Sanctions
	Procedure
Alia		As a result, many organizations have taken actions to monitor and respond to these issues.

1.2. Principes spécifiques

1.2.1. Pour sociétés professionnelles

Codes (Standards/Guidelines) of Ethics (Practice/Conduct) of IFIP Computer Societies

J. Berleur and M. d’Udekem-Gevers, Codes of Conduct within IFIP and other Computer Societies, In: Ethics of Computing: Codes, Spaces for Discussion and Law, Jacques BERLEUR & Klaus BRUNNSTEIN, Eds., A Handbook prepared by the IFIP Ethics Task Group, London: Chapman & Hall, 1996, 336 p., ISBN 0-412-72620-3. (now available at Kluwer Academic Publishers, Boston)

Title	Name		Codes (Standards/Guidelines) of Ethics (Practice/Conduct)
‘Ratione personae’	Actors present	IFIP National Computer Societies
	People concerned	IFIP National Computer Societies Members
‘Ratione loci’
‘Ratione materiae’ (Topics)		Respectful general attitude Interests or rights of the people involved Prestige of the profession Interests or rights of the public Welfare, Health or the Quality of Life Personal qualities Acceptance of responsibility Integrity Respect for requirements Conscientious work Promotion of information, privacy and data integrity Confidentiality Privacy in general Property Rights Production and flow of information Sharing information with involved people Information to the Public Comprehensive Information Attitude towards regulations Respect for the Code Respect for the Law Respect for IT and Professional Standards
Enforcement	Sanctions	Depends upon each National Society
	Procedure	idem
Alia

2. L’Internet

2.1. Principes généraux

HCC-5, Geneva, 1998 and Univ. of Namur, December 2000

Jacques Berleur and Tanguy Ewbank de Wespin

One planet, One Net: Principles for the Internet Era

CPSR (Computer Professionals for Social Responsibility), P.O. Box 717 Palo Alto, CA 94302

http://www.cpsr.org/program/nii/onenet.html

Title		One Planet, One Net: Principles for the Internet Era
‘Ratione personae’	Actors present	The document was authored largely by Nathaniel Borenstein, Harry Hochheiser, and Andy Oram, with numerous inputs from members of CPSR and other participants. Discussions are archived at http://www.findmail.com/listsaver/onenet-discuss.
	People concerned	All people interested to promote these principles
‘Ratione loci’
‘Ratione materiae’ (Topics)		· The Net links us all together. · The Net must be open and available to all. · Net users have the right to communicate. · Net users have the right to privacy. · People are the Net's stewards, not its owners. · Administration of the Net should be open and inclusive. · The Net should reflect human diversity, not homogenize it.
Enforcement	Sanctions
	Procedure
Alia		This document presents a suggested set of basic principles that the authors believe should underlie all future work in the area of Internet governance.

HCC-5, Geneva, 1998 and Univ. of Namur, December 2000

Jacques Berleur and Tanguy Ewbank de Wespin

Suggestion of Netiquette - Core Rules of Netiquette, by Virginia Shea

http://www.educause.edu/pub/er/review/reviewArticles/29558.html

Title		Core Rules of Netiquette
‘Ratione personae’	Actors present	Netiquette, by Virginia Shea, published by Albion Books, San Francisco (info@albion.com). ©1994 Virginia Shea.
	People concerned	So you got a modem and a network subscription for your birthday and you want to make some new online friends. Where do you start?
‘Ratione loci’		California
‘Ratione materiae’ (Topics)		Rule 1: Remember the human Rule 2: Adhere to the same standards of behavior online that you follow in real life Rule 3: Know where you are in cyberspace Rule 4: Respect other people's time and bandwidth Rule 5: Make yourself look good online Rule 6: Share expert knowledge Rule 7: Help keep flame wars under control Rule 8: Respect other people's privacy Rule 9: Don't abuse your power Rule 10: Be forgiving of other people's mistakes.
Enforcement	Sanctions
	Procedure
Alia

HCC-5, Geneva, 1998 and Univ. of Namur, December 2000

Jacques Berleur and Tanguy Ewbank de Wespin

The Net: User Guidelines and Netiquette, by Arlene H. Rinaldi

http://www.fau.edu/netiquette/net/

Title		The Net: User Guidelines and Netiquette
‘Ratione personae’	Actors present	Arlene H. Rinaldi
	People concerned	" I hope this information will be useful for yourself and those you work with. "
‘Ratione loci’
‘Ratione materiae’ (Topics)		· Electronic Mail and Files - User Responsibility · Check E-mail daily and remain within your limited disk quota. · Delete unwanted messages immediately since they take up disk storage. · Keep messages remaining in your electronic mailbox to a minimum. · Etc. · Telnet Protocol · FTP · Electronic Communications · Discussion Groups · World Wide Web · Do not include very large graphic images in your html documents. It is preferable to have postage sized images that the user can click on to "enlarge" a picture. Some users with access to the Web are viewing documents using slow speed modems and downloading these images can take a great deal of time. · It is not a requirement to ask permission to link to another's site, though out of respect for the individual and their efforts, a simple email message stating that you have made a link to their site would be appropriate. · When including video or voice files, include next to the description a file size, i.e (10KB or 2MB), so the user has the option of knowing how long it will take to download the file. · Keep naming standards for URL's simple and not overly excessive with changes in case. Some users do not realize that sites are case sensitive or they receive URL's verbally where case sensitivity is not easily recognizable. · When in doubt about a URL, try accessing the domain address first, then navigate through the site to locate the specific URL. Most URL's begin with the node address of WWW followed by the site address, i.e: · A URL which includes only an image map and no text might not be accessible to those users that do not have access to a graphical Web browser. Always include the option of text links in your URL documents. · W3 connections can be *very* high bandwidth consumers. With graphical web browsers, when graphic images are not necessary to obtain information it is a good idea, both in terms of the speed of the session, and to conserve bandwidth, to set the options to "turn off" or "delay" inline images. · URL authors should always protect their additions to the Web by including trademark (TM) or Copyright (C) symbols in their HTML documents. · Etc.
Enforcement	Sanctions
	Procedure
Alia

HCC-5, Geneva, 1998 and Univ. of Namur, December 2000

Jacques Berleur and Tanguy Ewbank de Wespin

Online Magna Charta, Charta of Freedom for Information and Communication, ‘The Wartburg Charta’, 1997

http://sem.lipsia.de/charta/gb/chartagb.htm

Title		Online Magna Charta Charta of Information and Communication Freedom
‘Ratione personae’	Actors present	A consortium of German personalities under the responsibility of Juergen Christ, (j.christ@geonet.com) and Otfrid Weiss, (100143.1247@compuserve.com)
	People concerned
‘Ratione loci’
‘Ratione materiae’ (Topics)		· Freedom of Opinion · Freedom of Information and Communication · New media laws · The market and political power · Right to a Virtual Home · A Non-National Independent Authority · Court of the Networks · Guarantee Basic Service of Free Information · Responsible Action · Independent of Contracts
Enforcement	Sanctions
	Procedure
Alia		We are the Net!

University of Namur, December 2000

Jacques Berleur

The Internet Society of New Zealand, The Internet "Twelve Commandments" (June 1999) - Principles for use of the Internet

http://www.isocnz.org.nz/principl.htm

‘Ratione personae’	Actors present	The Internet Society of New Zealand
	People concerned	In principle, all
‘Ratione loci’		Reference to New Zealand laws: Copyright Act 1994; Trade Marks Act 1953; Privacy Act 1993; Human Rights Act 1993; etc. See also: NZII guidelines for writing for the Internet.
‘Ratione materiae’ (Topics)		Your Legal Responsibilities Obey the law in cyberspace Respect intellectual property rights Respect the right to personal privacy Do not harass other Internet users Your Responsibilities to Yourself Be aware of security issues Care for your own needs Netiquette Be aware of your audience Be courteous Be concise Do not defame Be aware of cultural differences and sensitivities Do not spam
Enforcement	Sanctions
	Procedure
Alia

Middlesex University Meeting June 30^th, 2000

Jacques Berleur

Confederation of European Computer User Associations (CECUA), Bill of Rights for the Citizen in the Global Information Society (http://www.cecua.org)

‘Ratione personae’	Actors present	12 European Computer User Associations
	People concerned	‘All organizations and governments’ ‘The Citizen of the Global Information Society’
‘Ratione loci’
‘Ratione materiae’ (Topics)		· Dignity · Personal Privacy and Copyright · Freedom of Personal Development · Freedom of Communication (including freedom of speech and self-expression, freedom of universal access) · Cultural Preservation · Right of Access · Right for Reliable and Functioning Services · Act in accordance with the rules of the Netiquette · Right for Redress for acts of fraud, corruption of personal data, …
Enforcement	Sanctions
	Procedure
Alia		Invitation for comments from April 1998 (Conference The Citizen in the Global Information Society)

Middlesex University Meeting June 30^th, 2000

Matt Jones

CEPIS’Mission Statements, Contribution to a Citizen’s Charter in the Information Society

Contribution to the CECUA Bill of Rights for the Citizen in the Global Information Society

http://www.cepis.org/mission/charter.htm

‘Ratione personae’	Actors present	CEPIS: Council of European Professional Informatics Societies
	People concerned	EU Governments - statement suggests role of Government-based regulation.
‘Ratione loci’		EU
‘Ratione materiae’ (Topics)		Statement considers ways of promoting the Information Society whilst at the same time protecting the rights of the citizen. Calls for regulation to provide: · Equal access and education for internet literacy · Authenticated and valid information · Privacy of user’s data. · Responsibility and accountability - means of ensuring that parties are identifiable, can be contacted and open to audit. · Duty to give citizens the opportunity to acquire the necessary skills. Calls also for Governments to work to protect their citizens from violations of these principles by other agencies (e.g., foreign Governments)
Enforcement	Sanctions	This is simply a lobbying statement - the sanctions would come from the regulation.
	Procedure	N/A
Alia

2.2. Principes spécifiques

2.2.1 Pour "communautés virtuelles"

HCC-5 Geneva, 1998

Jacques Berleur

JANET Acceptable Use Policy (April 1995)

http://www.ja.net/documents/use.html

‘Ratione personae’	Actors present	Higher Education Funding Council for England, Scotland and Wales
	People concerned	UK education and research community and any organization authorized to use JANET
‘Ratione loci’		UK, Scotland and Wales
‘Ratione materiae’ (Topics)		· any offensive, obscene or indecent images, data or other material, · material causing annoyance, inconvenience or needless anxiety, · defamatory material, against copyright, · unsolicited commercial or advertising material, · unauthorized access, · deliberate activities such as wasting staff effort or networked resources, corrupting or destroying other users' data; violating privacy, disrupting the work of others, using JANET in a way that denies service to others, continuing to use an item of networking software or hardware after authorities requested that use cease, other misuse of JANET or networked resources, such as the introduction of ‘viruses’.
Enforcement	Sanctions	Service may be withdrawn: an indefinite withdrawal or a suspension of service. Matter may be referred for legal action.
	Procedure
Alia

2.2.2 Pour différents acteurs

HCC-5, Geneva, 1998

Jacques Berleur

La Charte française de l’Internet, Proposition de Charte de l’Internet, Règles et usages des acteurs de l'Internet en France, 1997

The French Internet Charter Proposition, 1997

http://www.planete.net/code-internet/

‘Ratione personae’	Actors present	‘Internet Actors’: any physical or moral person, professional or not, using the Internet for purposes other than mere consultation and using one of the following functions: infrastructure providers (‘Telecoms’), access and service providers (ISPs), providers of lodging (Content Custodians), technical providers, and providers of content. Those who commit themselves to the respect for the Charter.
	People concerned	Mainly: users, and the Internet Service Providers (ISPs).
‘Ratione loci’		French territory (any actor with ‘fr’ in the domain name)
‘Ratione materiae’ (Topics)		· Protect the new space of free expression and liberty, in the respect for every people, and particularly for the children. · Refer to the Charter in their page. · Create links towards the Internet Council. · Provide clear identification. · Ban any manifestly illicit material or actions (against public order, such as paedophilia, racial hatred, negation of crime against humanity, incitement to murder, procuring, drugs traffic, ...) · Provide the parents with mechanisms for content sensitive material selection (PICS, ...) · Pornography and violence sites identification. Defend liberties and fundamental rights (free speech, right to information, mail secrecy, privacy, anonymity, ...) · Protect intellectual property rights (patent, copyright, ...) · Consumer protection (namely in electronic commerce): due information on products, prices, conditions, legal status of the seller, protection against unsolicited email advertisement, honest and loyal information in French, ...
Enforcement	Sanctions
	Procedure	Complaints are addressed to the Internet Council by users, actors or a third party. The Council tries to have an amicable agreement. Otherwise, it takes technical measures to suppress or block the access and informs the judiciary authorities.
Alia		The Actors of the Internet are instituting an Internet Council, "an independent and unique body for self-regulation and mediation." Roles of information and advice to actors and users. Participates to international cooperation.

2.2.3. Pour (associations de) fournisseurs de services (ISPs)

IFIP-WCC'2000, in Beijing (SEC2000 Conference)

Jacques Berleur

http://www.info.fundp.ac.be/~jbl/SEC2000.html

ISPA-Austria, ISPA-Verhaltenrichtlinien (ISPA Guidelines of Conduct), adopted in 1999

http://www.ispa.at/Richtlinie/Richtlinie.htm

‘Ratione personae’	Actors present	Internet Providers, ISPA-A Members
	People concerned	Content, Access, Host, Backbone providers
‘Ratione loci’		Difficulty of ruling outside of the Austrian borders
‘Ratione materiae’ (Topics)		· Confident processing of customers data (privacy, email secrecy, …) · Responsibility of providers regarding the content a.o. illegal content (child pornography, racism propaganda,…). Reference to Hotline. · Responsibility of ISPA against misuse of Internet · Protection of the youth. Responsibility of ISPA. Cooperate in the development of technical rating and filtering systems.
Enforcement	Sanctions
	Procedure
Alia

HCC-5, Geneva 1998, and IFIP-WCC'2000, in Beijing (SEC2000 Conference)

Jacques Berleur

Belgium, ISPA-Be, Code de Conduite, Version 1.0 (April 30, 1998)

ISPA-Be, Code of Conduct (April 30, 1998)

http://www.ispa.be/en/c040201.html

‘Ratione personae’Members	People concerned	ISPA Members ("without modification or exception")
‘Ratione loci’		Belgium
‘Ratione materiae’ (Topics)		General commercial clauses: · Legality and sincerity (services, products or advertising material) · Honesty (with clients; inform them of this existing code) · Data protection regarding personal data (respect for the law) · Publicity (respect for the law) · Right information on prices Special clauses on crime: · Pay special attention for fighting against "illegal or dubious material", · but no capacity for controlling everything, · will assist public authorities, special email address for complaints, and · inform hotline of every illegal or harmful transaction: sex, pornography, paedophilia, racism, xenophobia, genocide denial, provocation or encouragement to criminal act, criminal association, gambling and lottery, drugs ("list is not closed"), ...
Enforcement	Sanctions	The Code is "uniform and compulsory for all the members". Support the costs of the procedure. Exclusion in case of no answer to repeated complaints.
	Procedure	3 procedures: · direct complaint to a specific provider · if no follow up by the ISP, complaint redirected towards ISPA · or direct contact with ISPA through a ‘Committee’
Alia		Code may be modified by the association at a 2/3rd majority.

IFIP-WCC'2000, Beijing (SEC2000 Conference)

Jacques Berleur

France, AFA - Association des Fournisseurs d'Accès et de Services Internet (France): Déontologie:

- Pratiques et Usages, janvier 1998

- Les pratiques des membres de l'AFA en matière de données personnelles et droit d’auteur, octobre 1998

http://www.afa-france.com/html/action/index.htm

‘Ratione personae’	Actors present	Access and Service Providers
	People concerned	Access, content, hosting, infrastructure providers. Customers and users.
‘Ratione loci’		France
‘Ratione materiae’ (Topics)		· Netiquette: politeness, respect for others, no spam; · Confidentiality: · Data flow: no right, no means for ISP to control the information, Respect for email secrecy, · Confidentiality of personal identification; · User’s responsibility for his/her own data use; · Minors’ protection: no capacity of subscription for minors and proposal of filtering software. Principles · AFA Members responsible for the content they produce themselves; and moderators for on-line debates they offer and manage; · No responsibility of AFA Members for users’ pages content (no capacity of systematic control, but possibility of detecting potential illegal contents (three main means: reporting, surveillance of the most accessed pages, use of crawlers on specific words); · Blocking of Newsgroups not in accordance with the General Terms of Conditions; · Direct contact AFA Member - User.
Enforcement	Sanctions	Nothing written.
	Procedure	Possibility of a specific Consultative Committee to formalize the practice; AFA-Contact Point as Hotline (not in this text of Practice and Use).
Alia

IFIP-WCC'2000, Beijing (SEC2000 Conference)

Jacques Berleur

Germany, Statutes - Freiwillige Selbstkontrolle Multimedia-Diensteanbieter (FSM) - Voluntary Self-Control for Multimedia Service Providers, Cologne, Code of Conduct - Complaint Rules for the Association, July 9, 1997

http://www.fsm.de/english/kodex/index.html

‘Ratione personae’	Actors present	Service Providers
	People concerned	Service Providers; Users and General Public
‘Ratione loci’		If acting as service providers, Members shall ensure they comply with statutory regulations for their identification.
‘Ratione materiae’ (Topics)		· Principles · Freedom of expression - Freedom of information, (Preamble); · Principles in the Code do not represent any legal grounds for liability. · Code does not cover violations of legal provisions on advertising and promotion, data protection, consumer protection, or competition; · "Impermissible content": incitement to hatred and violence, or insults, incitement to commit crimes, dissemination of propaganda material of unconstitutional organizations, of pornographic publications; · Impairment of the physical, mental or spiritual well-being of children/young persons; offer of technical arrangements for blocking the services; · Contents in style of journalistic reporting (usual rules of the career: reporting, comments, editorial statements, ...)
Enforcement	Sanctions	Four levels: notification, expression of disapproval and reprimand (the last one is made public), exclusion.
	Procedure
Alia		Apply technical protection mechanisms as preventive measures (Preamble)

IFIP-WCC'2000, Beijing (SEC2000 Conference)

Jacques Berleur

Italy, Associazione Italiana Internet Providers (@iip), Codice di Autoregolamentazione per i servizi Internet, (1997?)

http://www.aiip.it/codice.htm

‘Ratione personae’	Actors present	Providers of infrastructure, access, hosting, content.
	People concerned	Providers of infrastructure, access, hosting, content; "subjects" (Soggetti, i.e. physical or legal persons) using the Internet or "users" (Utenti)
‘Ratione loci’		Subjects using the Internet in Italy or using the Italian language.
‘Ratione materiae’ (Topics)		· Obligation of identification and right to anonymity; · Responsibility of the content provider; · Respect for and care of human dignity (no ethnical, racial, religious discrimination or on the basis of handicap or expressed ideas); and protection of the minors against any form of exploitation (including their credulity) as well as protection of the public and social order; · Respect for the fundamental rights and for privacy (mail secrecy, protection of personal data, ...) · Protection of the intellectual and industry property rights (Italian, European and world-wide regulations); · Care for the consumers in e-commerce (clear and up to date information; rules for advertising, ...); · Promotion of the application of the Code.
Enforcement	Sanctions	Apply decision of the Jury in the 2 days of notification, or appeal to a specific Committee. For illicit content, refer to the Judicial authority.
	Procedure	A "Giurì di Autotutela" (A Jury of Self-safeguard) appointed by a special Committee (Comitato Attuativo) which may also act as an appeal court.
Alia

IFIP-WCC'2000, Beijing (SEC2000 Conference)

Jacques Berleur

The Netherlands, Vereniging van Nederlandse Internet Providers, NLIP, Gedragscode (Code of Conduct), Draft 2.0, November 23rd, 1999

http://www.nlip.nl/

‘Ratione personae’	Actors present	Providers
	People concerned	Providers; consumers.
‘Ratione loci’
‘Ratione materiae’ (Topics)		· Mail secrecy; · Privacy: personal data are collected for the purpose of necessary processing and not transferred to third party; · Provider and subscriber (user) comply with Dutch regulation and Netiquette. They cooperate with recognized Hotlines against illegal content; · No promotion, by the providers, of illegal commerce; · Providers inform their clients of the existence of the Code and of the procedure of complaint.
Enforcement	Sanctions	Obligation to conform to the Code.
	Procedure	Direct claim to the provider, and after if needed, to the specific appeal dispute Committee (NLIP - Geschillencommissie)
Alia

HCC-5, Geneva 1998, and IFIP-WCC'2000, Beijing (SEC2000 Conference)

Jacques Berleur

ISPA-UK, Code of Practice, adopted on January 25, 1999 (Updated version of the first version of May 21, 1996)

http://www.ispa.org.uk/html/code_of_practice.htm

		UK-ISPA (1^st version of 1996)
‘Ratione personae’	Actors present	‘Members’ of ISPA-UK
	People concerned	Members of ISPA-UK; customers: contracts include a provision requiring complying with UK law in using Members’ services.
‘Ratione loci’		United Kingdom
‘Ratione materiae’ (Topics)		· General requirements Legality: Services (excluding 3rd party content) and promotional material do not contain material in the breach of the law, or unlawful; Decency: no content inciting violence, sadism, cruelty, racial hatred, or promoting or facilitating practices which are contrary to UK law; Honesty; Fair Trading: act with customers decently, fairly and reasonably; inform them of the existence of the code. Promotion: all reasonable endeavor to observe the provisions of this code and others; will comply with the provisions of the British Codes of the independent TV Commission and the Radio Authority and the Codes of Advertising and Sales Promotion, and of ICSTIS (not defined). Pricing information: accurate, up to date, legible. · Data Protection: to comply with UK legislation; data used for regulatory purpose. Inform data subject. · Cooperate with IWF (Internet Watch Foundation) to remove illegal material. · Domain Names: Members must offer to customers the option of retaining their respective domain names, when transferring to another ISP. · Best Practice Guidelines (breach of these Guidelines are not considered as breach of the Code): provide guidance about filtering software, 24-hour point of contact with police, software for privacy protection, anti-spamming software, ...
Enforcement	Sanctions	Remedy to the breach of the code, reimbursement to the complainant of the charges, suspension, and expulsion. The Council administers the Code, but does not monitor Members’ activities for the breaches of the code.
	Procedure	See clause 8.4: Complaint in a written form to the Secretariat, forwarded to the relevant Member, asking an answer in the ten working days; Chief Executive, Secretariat or a nominated Council member may make further investigations into the complaint, and then give a written report to the Council which will decide.
Alia		Nothing in the code suggesting that it regulates and/or that the Council will adjudicate on the legality or otherwise of material accessible on the Internet. Secretariat will advise the complainant to contact the originator of the material directly.

IFIP-WCC'2000, Beijing (SEC2000 Conference)

Jacques Berleur

ISPA-UK, Code of Practice, adopted on January 25, 1999 http://www.ispa.org.uk/html/code_of_practice.htm

		ISPA-UK (2^nd version, 1999)
‘Ratione personae’	Actors present	‘Members’ of ISPA-UK
	People concerned	Members & Customers: con-tracts include a provision requiring complying with UK law, using Members’ services.
‘Ratione loci’		United Kingdom
‘Ratione materiae’ (Topics and themes)		· No material · in the breach of the law, or unlawful · inciting violence, cruelty, or racial hatred · promoting or facilitating practices contrary to law · Honesty (not misleading by inaccuracy, ambiguity,…) · Fair Trading · Data protection and privacy · Promotion (all reasonable endeavor to observe the provisions of other related codes) · Pricing information Internet Watch Foundation · Cooperation with IWF in its efforts to remove illegal material from websites and newsgroups · Members must register with IWF and provide IWF with a point of contact. · Members must retain copies of removed material for a reasonable period of time. Transfer of Domain Names Members must offer the customer to retain their domain name when transferring to another ISP Best practice guidelines (but their breach is not a breach of the code) Filtering software, 24-hour contact for the police, no spam, inform customers on software for privacy,…)
Enforcement	Sanctions	Remedy to the breach of the code, reimbursement to the complainant of the charges, suspension, and expulsion (the two last ones are publicized). The Council administers the Code, but does not monitor Members’ activities for the breaches of the code.
	Procedure	Complaint in a written form to the Secretariat, forwarded to the relevant Member, asking an answer within the ten working days; Chief Executive, Secretariat or a nominated Council member may make further investigations into the complaint, and then give a written report to the Council which will decide. Council's decision is transmitted, in writing, to the complainant.
Alia		Nothing in the code suggesting that it regulates and/or that the Council will adjudicate on the legality or otherwise of material accessible on the Internet. Secretariat will advise the complainant to contact the originator of the material directly.

HCC-5, Geneva 1998, and IFIP-WCC'2000, Beijing (SEC2000 Conference)

Jacques Berleur

Canadian Association of Internet Providers (CAIP), Code of Conduct, 1997

http://www.caip.ca/issues/selfreg/subset.htm

‘Ratione personae’	Actors present	"CAIP will cooperate with all Government officials, international organizations and law enforcement authorities seeking to clarify the responsibilities for each of the different functions performed by Internet companies."
	People concerned	CAIP Members All Canadians (see infra: education)
‘Ratione loci’		Canada
‘Ratione materiae’ (Topics)		CAIP Members · Pledges to comply with all applicable laws, · Are committed to public education about Internet issues and technology (f.i. how to assign liability for content and network abuse, and help all Canadians understand the options available to all stakeholders) · Privacy · Not host illegal content (and share between members information about it) · Unable to monitor all content, but make a reasonable effort to investigate legitimate complaints about alleged illegal content or network abuse, and will take appropriate action.
Enforcement	Sanctions
	Procedure	Complaint-driven process established by each ISP, depending upon the result of an investigation: a) internal review to determine the nature and location of the content or abuse, and where warranted; b) consult with legal counsel and/or outside authorities, and/or; c) notify the content provider or abuser of the complaint, with a request for a response within seven days.
Alia		"The code is voluntary for CAIP members."

Middlesex University Meeting June 30^th, 2000

Jacques Berleur

Western Australian Internet Association, Code of conduct for online service providers

http://www.waia.asn.au/Documents/CodeOfConduct.html

See also: http://www.waia.asn.au/Issues/Regulation/index.html

The Western Australian Internet Association has been active on Regulation and Censorship on the Internet. Reference is given to the Broadcasting Services Amendment (Online Services) Bill 1999 (The Department for Communications, Information Technologies and the Arts (- DCITA) http://www.waia.asn.au/Issues/Regulation/DCITA/index.html )

WAIA Code of Conduct version 1.03, as ratified by the WAIA committee on 30th April 1997.

‘Ratione personae’	Actors present	Online service providers
	People concerned	Online service providers (include Internet access providers, Internet service provider and bulletin board system operators)
‘Ratione loci’		Australia
‘Ratione materiae’ (Topics)		Shall not: · Copyright, · Unlawful material, · Permit a user to engage in criminal activity using access Shall: · Attempt to establish the name and age of all users · Adhere to all lawful requirements · Attempt to safeguard the privacy · Appropriately deal with any user compromising compliance with this Code
Enforcement	Sanctions	Includes but not limited to removal of user's access
	Procedure	Deal responsibly with complaint from any source concerning a breach of this Code, including referring the matter where appropriate to WAIA. Comply with rulings of the WAIA complaints subcommittee.
Alia

Middlesex University Meeting June 30^th, 2000

Matt Jones

The Internet Society of New Zealand, Internet Code of Practice (June 1999)

(The previous draft, April 1997, was named ‘Internet Service Provider Code of Practice’)

http://www.isocnz.org.nz/code.htm

‘Ratione personae’	Actors present	Internet Society of NZ
	People concerned	Relates to members of society who have to subscribe to the Internet Code of Practice (Internet service providers, web designers, public information groups and Internet users)
‘Ratione loci’		New Zealand
‘Ratione materiae’ (Topics)		· Introduction - general aims of code (to promote high ethical conduct, provide mechanisms for accountability etc); how code will be effective (by making it widely known; ensuring employees etc are aware and abide). · Accountability to users of members services: companies must advertise products fairly, provide good customer support, protect confidentiality; provide full details of services/ costs etc; provide clear indications of source/ responsibility for information. · Promotion of internet ‘freedoms’: no blocking of traffic, limited restrictions on censorship (based on NZ Film, Video and Publications act) · Promotion of mechanisms to provide content ‘choice’: tagging of material, education for parents/ guardians etc · Dispute resolution - procedure for dealing with complaints.
Enforcement	Sanctions	Weak: · Council can have strong influence on process/ form of dispute negotiation/ resolution. · No information on ultimate sanctions.
	Procedure	From http://www.isocnz.org.nz/code.htm: ‘When a dispute arises between the Industry Member and its customer, the complainant shall be asked to set out in writing the nature of the dispute; Both parties will make every effort to resolve the dispute by negotiations; If the parties are unable to reach a resolution of the dispute, either party may, by notice in writing, advise the other party that it seeks to have the dispute resolved by mediation or arbitration. If either party nominates arbitration rather than mediation before a mediator is appointed, the matter shall be arbitrated. If the parties cannot agree on an independent arbitrator they may refer the matter to the Internet Code of Practice Complaints Board (See Appendix C)’ (ICPCB will then mediate).
Alia

2.2.4 Pour autres fournissuers de services

Middlesex University Meeting June 30^th, 2000

Penny Duquenoy

Excite (1) Terms of Service

http://www.excite.com/terms.html

'Ratione personae'	Actors present	Excite (the company) (covering email, chat, instant messaging, bulletin boards, and Web Crawler search facility)
	People concerned	Users of Excite
'Ratione loci'		US (specifically, State of California)
'Ratione materiae' (Topics)		Users (18yrs+) agree: · confidentiality of account and password, · notify unauthorized use · accept sole risk of damage (data/computer). Must not use for: · chain letters, junk mail, spamming, solicitations. · illegal, harassment, libellous, abusive, threatening, harmful, vulgar, obscene "or otherwise objectionable" to cause criminal offense, civil liability, violate local, state, national or international laws or regulations	Excite : · may disclose to third parties aggregate information but not name, address or telephone number without consent, except if required by law. · Excite allowed to modify or discontinue service. · Disclaims all warranties. Not liable for direct, indirect damage caused to user. · Any part of Terms of Services not enforceable, does not affect any other part of Terms of Service.
Enforcement	Sanctions	Termination of user's account
	Procedure	At discretion of the company, possibly following complaints of other users (but Excite not under obligation to follow up complaints)
Alia		Aspects of Excite services - all the above applies plus: Mail Service Accepts no responsibility for "timeliness, deletion, mis-delivery or failure to store email messages" May send to users advertisements/promotions etc, but does not accept liability for products resulting from above. PAL (instant messaging) all of above. Chat Users must not: defame, abuse, harass, stalk, threaten or otherwise violate legal rights of others. Bulletin Boards Users must not: Upload files that contain software or other material protected by intellectual property laws Upload files that contain viruses Advertise Download any file which cannot be legally distributed. Excite may remove any posting, but has no obligation to delete content (which may be objectionable or offensive). Standards applly to Excite, Web crawler, Prodigy and Quicken.com

Middlesex University Meeting June 30^th, 2000

Penny Duquenoy

Excite (2) Community Standards

"Excite reserves the right to monitor some, all, or no areas of Excite Clubs for adherence to these Rules or other rules that may be published from time to time. You acknowledge that Excite is acting as a passive conduit for such distribution and Excite is not undertaking any obligation or liability relating to any content or activities in a club." (my italics)

http://www.excite.com/communities/resources/standards/

'Ratione personae'	Actors present	Excite (the company)
	People concerned	Users of Excite
‘Ratione loci’		US (specifically, State of California)
‘Ratione materiae’ (Topics)			Excite: In addition to conditions of Terms of Service: will remove all content of which it becomes aware that is believed to contain child pornography. Illegal content will be reported to the proper law enforcement authorities.
Enforcement	Sanctions	Termination of user’s account
	Procedure	At discretion of the company, possibly following complaints of other users (but Excite not under obligation to follow up complaints) "Excite does not edit postings and is not responsible for the content of posted comments or images"
Alia		In addition to conditions of Terms of Service, users must not: Clubs · Upload photos that contain illegal images Chat · "Never give out personal information to strangers or accept files from people you don’t know" · Do not take action that may be disruptive to other users · Do not impersonate others

Middlesex University Meeting June 30^th, 2000

Penny Duquenoy

Excite (3) @Home (search) Terms of Service

http://www.excite.com/terms.html

‘Ratione personae’	Actors present	Excite (the company)
	People concerned	Users of Excite
‘Ratione loci’		US (specifically, State of California)
‘Ratione materiae’ (Topics)		Users: · responsible for contents of messages they communicate. · will not use for: chain letters, junk mail, "spamming", or commercial solicitations, · nor engage in illegal activities. · or those which give rise to civil liability or violate community standards (described in standards guidelines)	Excite: · Makes no guarantee as to (e.g.) accuracy, currency, content or quality of sites. · Assumes no responsibility for adult material or otherwise objectionable material.
Enforcement	Sanctions	Deletion of user’s account
	Procedure
Alia

Middlesex University Meeting June 30^th, 2000

Penny Duquenoy

Excite (4) Privacy Policy

http://www.excite.com/privacy_policy/

‘Ratione personae’	Actors present	Excite (the company)
	people concerned	Users of Excite
‘Ratione loci’		US (specifically, State of California)
‘Ratione materiae’ (Topics)		Personally Identifiable Information (PII) (name, phone number, postal address: is needed for personalized or enhanced requested service. Commitment to family: · Age of customer calculated from birth-date data. No personal data collected from under 13's without parental consent. Any pages targeted at under 13's and wanting personal information will have "children's seal" informing children they need parental consent. · Will not share the PII of customers between 13 - 17 with any third party, except where the information is shared with a non-profit organization that offers bona fide outreach and support services to children. · Will provide PII about the above age group to law enforcement or judicial authorities upon request and receipt of proper documentation. Excite@Home and Spam Excite can, and will, take actions against users who utilize any Excite email products as the launching pad for Spam. Use of PII · At no time is Personally Identifiable Information used to determine what advertising customers receive. · Excite never matches "who you are" with "where you've been". · The Excite@Home network does not actively associate the message content entered by customers with customer's registration information. How the information is used: · User choice in sharing personal information: the consumer always has the final word on whether Excite@ Home - or any other Internet company - knows who you are. · Excite allows user to access and edit personal information that user has provided.
Enforcement	Sanctions	*Termination of user account
	Procedure
Alia		"We're doing what we can to ensure that PII of registered users under the age of 18 won't leave our company for commercial use, and that someone using our site won't be able to easily discover their age." They suggest further advice from "parents and children" portion of TRUSTe site.

HCC-5 Geneva

Jacques Berleur

GeoCities Guidelines (as last modified July 1998)

http://www.geocities.com/members/guidelines/ (not available anymore)

‘Ratione personae’	Actors present	"The staff of GeoCities"
	People concerned	"A million GeoCitizens" in some 40 ‘Neighborhoods’
‘Ratione loci’		GeoCitizens all over the world
‘Ratione materiae’ (Topics)		Refrain from using free Personal Home Page or GeoCities Chat and Forum session for the following activities: · material containing nudity or pornographic material; · material grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity; · instructional information about illegal activities, physical harm or injury against any group or individual, or any act of cruelty to animals; · defaming any person or group; · for commercial purposes (...); · displaying material that exploits children under 18 years of age; · developing restricted or password-only access pages, or hidden pages or images (...); · using page (or directory) as storage for remote loading or as a door or signpost to another home page; · using pages for acts of copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation); · violating Internet standards for the purpose of promoting your home page; · hyperlinking to content not allowed in GeoCities; · gathering personally identifiable information for commercial or unlawful purposes; · posting or disclosing any personally identifiable information belonging to children. [Kids: For your safety, do not put your real name, address, phone number, e-mail or other information like that on your webpage or give it to strangers.]
Enforcement	Sanctions	"We reserve the right to remove any page from the system which is brought to our attention and which we find, in our sole discretion, violates these page content guidelines or otherwise is in violation of the law."
	Procedure	"GeoCities does not actively monitor the content of Personal Home Pages or GeoShops but will investigate complaints of violation of these guidelines. Please submit any such complaints using our Content Violation Reporting Form."
Alia Duties		"The purpose of the free personal Home Page program is to give people the ability to create a home on the www that reflects interests, hobbies and background." Two Page Content requirements: · Homesteaders are requested to place a customizable Geoguide on the top of all their pages (containing a/o. a built in ad banner in pop up windows: GeoCities relies on the support of sponsors and advertisers). Those who have question about it are encouraged to contact Staff directly. · Homesteaders are requested to place at the bottom of each place a link to the GeoCities home page. Each homesteader may have 6 MB of disk space, and gets also the support of filetypes helping creativity.

Middlesex University Meeting June 30^th, 2000

Penny Duquenoy

Yahoo (1) Terms of Service

http://docs.yahoo.com/info/terms

'Ratione personae'	Actors present	Yahoo (the company)
	People concerned	Users of Yahoo
'Ratione loci'		US
'Ratione materiae' (Topics)		User: · Must provide true, accurate, current and complete information about themselves, and keep it up-dated. · Must be at least 18 years of age to access and view areas which contain adult or mature content. · Parents of children under the age of 13 (allowing their children access) must create a Yahoo Family Account. · Responsible for maintaining confidentiality of password and account. · User entirely responsible for all content uploaded, posted, email or otherwise transmit via the service. · Users understand that they may be exposed to content that is offensive, indecent or objectionable. •_á User agrees not to upload, post, email or otherwise transmit content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. …Cont'd next page	· Yahoo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. · Yahoo is not liable in any way for any Content, or errors of omissions in Content, or loss or damage incurred as a result of the use of content.

Middlesex University Meeting June 30^th, 2000

Penny Duquenoy

Yahoo (1) Terms of Service (Cont'd)

http://docs.yahoo.com/info/terms

'Ratione materiae' (Topics)		Cont'd from previous page … Users: User must not: •_á harm minors •_á impersonate any person •_á forge headers in order to disguise the origin of any content •_á transmit any information you do not have a right to •_á transmit any content that infringes patent, trademark, trade secret, copyright etc. •_á transmit unsolicited advertising, junk mail, spam, chain letters, pyramid schemes •_á upload, transmit, viruses or other damaging program •_á disrupt dialogue in chat •_á interfere or disrupt Yahoo service •_á violate local, state, national or international law •_á stalk or harass another person •_á collect or store personal data of other users.
Enforcement	Sanctions	Suspend or terminate account, and refuse any and all current or future use of the service. (N.B. May do this if account inactive anyway, or for any other reason they decide).
	Procedure	Users to report violations to Customer Care group.
Alia		"Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside."

N.B. Yahoo mentions racial/ethnic objectionable material - Excite does not mention these categories.

Forge headers not on Excite's list

Stalk not on Excite's list.

Disclaimer: basically, everything at user's risk, Yahoo accepts no liability for anything!!

Middlesex University Meeting June 30^th, 2000

Penny Duquenoy

Yahoo (2) GeoCities Terms of services

http://docs.yahoo.com/info/terms/geoterms.html

'Ratione personae'	Actors present	Yahoo (the company)
	people concerned	Users of Yahoo
'Ratione loci'		US (specifically State of California)
'Ratione materiae' (Topics)		Same as Yahoo Terms of Service, plus: privacy policy - may disclose aggregate information but not personally identifying information unless authorized by user. Users must not: · promote or provide instructional information about illegal activities, promote physical harm or injury, or act of cruelty · use home page as storage for remote loading, or as door or signpost to another home page · have multiple Yahoo GeoCities addresses within the same neighborhood · engage in commercial activities without enrolling in Yahoo approved affiliate programs.
Enforcement	Sanctions	Not mentioned
	Procedure	Users to report violations on "content violation reporting form" (link provided)
Alia		Yahoo has the right, but not obligation to remove content.

N.B. "The ToS [Terms of Service] and the relationship between you and Yahoo shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Yahoo agree to submit to the personal and exclusive jurisdiction of the courts located with the county of Santa Clara, California."

Middlesex University Meeting June 30th, 2000

Penny Duquenoy

Global One Code of Conduct Policy

http://www.global-one.net/conduct.html

'Ratione personae'	Actors present	Global-one (the company)
	People concerned	Users of Global One
'Ratione loci'		Not sure, but owned by France Telecom
'Ratione materiae' (Topics)		Customers shall not: · send unsolicited email, mail-bomb, spam, make unauthorized attempts to gain access to any account or resource not belonging to the user, attempt to obtain service without payment, · unauthorized access, alteration, destruction, of any information of any Global One customers or end-user · knowingly engage in any activity that will result in degradation of service · use Global One IP products and service to interfere with use of Global One network, or in violation of the law, or in aid of any unlawful act. Each Global One customer is responsible for his or her own activities.
Enforcement	Sanctions	Global One may terminate, or take such other actions as it deems appropriate. complaints forwarded to customer's hostmaster for action
	Procedure	Users to report policy violations to abuse@gip.net and internet.security@globalone.net
Alia

Middlesex University Meeting June 30th, 2000

Penny Duquenoy

Summary of

· Excite (1) Terms of Service

· Excite (2) Community Standards

· Excite (3) @Home (search) Terms of Service

· Excite (4) Privacy Policy

· Yahoo (1) Terms of Service

· Yahoo (1) Terms of Service (Cont'd)

· Yahoo (2) GeoCities Terms of Service

· Global One Code of Conduct Policy

All these terms of service follow much the same pattern - the user takes responsibility for keeping their account/password confidential, they must agree not to:

· send chain letters, junk mail, spam, solicitations; illegal, libellous, abusive, threatening, harmful, vulgar, obscene "or otherwise objectionable" material, or material likely to cause criminal offense, civil liability, or violate local, state, national or international laws or regulation.

Particular services have extra conditions, e.g.

· "chat" - user must not impersonate, defame, abuse, harass, stalk, threaten or otherwise violate legal rights of others,

· "bulletin boards" - the emphasis is on intellectual property rights, viruses, advertisements

· "clubs" - emphasis on content (particularly images)

In the case of search facilities, the company disclaims any responsibility (for anything it seems to me).

In all cases the company may close user accounts (for any, or no, reason), they may remove objectionable content (but they are not obliged to).

The privacy policies seem to give the user protection, distinguishing between "Anonymous (or aggregate) Information" and "Personally Identifiable Information" - the first for statistical and marketing purposes, but not linked to individual's names.

2.2.5. Pour services et acteurs gouvernementaux

HCC-5, Geneva, 1998 and Univ. of Namur, December 2000

Jacques Berleur and Tanguy Ewbank de Wespin

The Intergovernmental Information Technology Leadership Consortium (Council for Excellence in Government) - Draft - Consortium Charter, 1997

http://www.excelgov.org/techcon/about_new/sp_charter.htm

Title		Consortium Charter and Mission
‘Ratione personae’	Actors present	The Intergovernmental Technology Leadership Consortium The Council for Excellence, 1301 K. Street, NW Suite 450 West Washington, DC 20005
	People concerned	To assist people of all levels of government in using information technology effectively.
‘Ratione loci’
‘Ratione materiae’ (Topics)		· Improve delivery of government services. · Encourage economic growth through efficient, innovative, results-oriented management of public programs. · Increase citizen participation at all levels of the governance process.
Enforcement	Sanctions
	Procedure
Alia		Declaration of intent

2.2.6 Pour l’industrie en général

Middlesex University Meeting June 30^th, 2000

Marie d'Udekem-Gevers

Analysis of (self-regulation) code of conduct as suggested by the Memorandum on Self-Regulation of Internet Content (Bertelsmann Foundation)

(Remark: the analyzed text is ambiguous and not perfectly clear.)

http://www.stiftung.bertelsmann.de/internetcontent/english/content/c2310.htm

‘Ratione personae’	Actors present	Suggested code Authors : Internet industry (content and service providers, relevant software and technology industry - cf. p.22) "Self-regulatory agencies should be created by industry both nationally and internationally to foster the creation and implementation of codes and standards. Such agencies should include a range of content providers as well as service providers… They should have a legal structure assuring independence." (p.26) People to be consulted: citizens p. 9 "Effective self-regulation requires active consumer and citizen consultation by such agencies."
	People concerned	· Codes to be respected by the Internet industry · Codes should protect the (Internet) Users · Codes "should be based on industry social responsibility" (society is thus implied) …(p.8) and "should meet community concerns"
‘Ratione loci’		· "industry-wide"; · national (?) (" The implementation and practical expression of these recommendations is likely to vary from country to country") · suggested coordination among self-regulatory agencies
‘Ratione materiae’ (Topics)		· The Codes "should be endorsed as a front-line mechanism to addressing content issues… they should distinguish between illegal content and the protection of minors from potentially harmful content." p. 24) · "They should delineate the mechanisms through which self-regulation will occur, including provisions for cooperation with end users as well as public authorities" (p. 24) · The ISPs "have an obligation to take steps to remove illegal content when put on notice that such content exists. The procedure for such notice and take down while laid down by law should be reflected in codes of conduct" (p. 25)
Enforcement	Sanctions	p. 9 "To be effective, codes of conduct must be …enforced by self-regulatory agencies" "support of law making and regulation including legislation that embraces and empowers the self-regulatory process."
	Procedure	p. 26 : "An easily accessible, impartial and independent body or agency to hear complaints and adjudicate on breaches of the code should be created by the industry."
Alia		"These codes should meet community concerns and industry needs and operate as an accountability system that guarantees a high level of credibility and quality." (p. 23) "Self regulation of Internet content will enhance user confidence and increase overall demand for Internet services and e-commerce." (p. 26)

Middlesex University Meeting June 30^th, 2000

Marie d'Udekem-Gevers and Tanguy Ewbank de Wespin

Australian Internet Industry Codes of Practice, Codes for Industry Self Regulation in Areas of Internet Content Pursuant to the Requirements of the Broadcasting Services Act 1992 as Amended December 1999

http://www.iia.net.au/code6.html

‘Ratione personae’	Actors present	Code author: Internet Industry Association (IIA) (Australia’s national industry body for internet commerce, content and connectivity) Code approbation: by the Australian Broadcasting Authority (ABA) "an independent federal statutory authority responsible for the regulation of free-to-air radio and television, pay TV, digital broadcasting and Internet content in Australia." Consulted people: industry, end-users and the Australian Broadcasting Authority (ABA).
	People concerned	· Codes to be respected by the Internet industry · Codes should protect the (Internet) Users · Society ("public interest considerations to be addressed" p. 5 of the code) "The code aims to achieve protection in regard to online content for end users, including children, as well as ensure that the regime would is practical and workable for industry"(Guide for Internet users)
‘Ratione loci’		National Industry-wide
‘Ratione materiae’ (Topics)		· "CONTENT CODE 1: ISP Obligations in Relation to Internet Access Generally (related to persons under the age of 18 years) Internet access accounts Content Providers ISPs Children's access to Internet content Direct links to other resources Legal responsibilities under applicable State Right to make complaints to the Australian Broadcasting Authority about Prohibited Content or Potential Prohibited Content Publishing this content Procedures in place to deal with complaints Advise the relevant Content Host by email about the Prohibited Content · CONTENT CODE 2: ISP Obligations in Relation to Access to Content Hosted outside Australia · Designated notification scheme · ISP Procedures in Relation to Access to Content Hosted Outside Australia · Designated alternative access prevention arrangements · CONTENT CODE 3: Internet Content Host Obligations in Relation to Hosting of Content within Australia · Subscription accounts · Labelling systems and legal responsibilities · Supervising and controlling children's access (including filtering software) · Publishing this content · Internet content in contravention with regulation of any State · Procedures in place to deal with complaints from themselves · Relevant term or statement in any hosting contract with end-users · Procedures in place to deal with complaints from subscribers · Content database · Respect of any other Content (than Prohibited or Potential Prohibited) · Advise another Content Host by email about the Prohibited Content. · SCHEDULE 1: Approved Filters
Enforcement	Sanctions	["There are heavy penalties for ISPs for non-compliance." Guide for Internet Users p.1]
	Procedure
Alia		"The aims of this Code include: a. to establish confidence in and encourage the use of the Internet; b. to support systems for - management of access to content on the Internet including, without limitation, resource discovery schemes and metadata systems; c. to improve the fairness and accuracy of disclosure to users of the Internet and the community in general; d. to provide standards of confidentiality and privacy afforded to users of the Internet; e. to provide a transparent mechanism for complaint handling for the Internet industry and ensure that complaints against Code Subscribers are handled in a fair and efficient manner; f. to promote positive user relations with the Internet industry."

IIA provides also a ‘Guide for Internet Users - information about online content’, and the ‘IIA Guide for ISPs - internet content regulation checklist

2.2.7. Pour des secteurs et services particuliers

2.2.7.1. Pour le secteur de la santé

University of Namur, December 2000

Jacques Berleur and Tanguy Ewbank de Wespin

Health Internet Ethics (Hi Ethics)

Health Internet Ethics: Ethical Principles For Offering Internet Health Services to Consumers http://www.healthwise.org/InternetPrinciples.htm (missing link)

See http://www.healthwise.org/n_press.html which mentions ‘Hi-Ethics Releases Ethical Principles for the Health Internet, May 7, 2000 which may be found today (December 2000) at http://www.hiethics.org/Principles/index.asp

‘Ratione personae’	Actors present	Founding members of Hi-Ethics, November 1999
	People concerned	Hi-Ethics member companies (See Hi-ethics - Health Internet Ethics, next page
‘Ratione loci’		U.S. Health Web sites
‘Ratione materiae’ (Topics)		1. Privacy Policies 2. Enhanced Privacy Protection for Health-Related Personal Information 3. Safeguarding Consumer Privacy in Relationships with Third Parties 4. Disclosure of Ownership and Financial Sponsorship 5. Identifying Advertising and Health Information Content Sponsored by Third Parties 6. Promotional Offers, Rebates, and Free Items or Services 7. Quality of Health Information Content 8. Authorship and Accountability 9. Disclosure of Source and Validation for Self-Assessment Tools 10. Professionalism 11. Qualifications 12. Transparency of Interactions, Candor and Trustworthiness 13. Disclosure of Limitations 14. Mechanism for Consumer Feedback
Enforcement	Sanctions	Member companies that fail to adhere to the principles could face enforcement action under deceptive trade practices laws by either the Federal Trade Commission or state attorneys general
	Procedure	Founding members of Hi-Ethics intend to implement these principles within six months. Contracts with a third party and a health web site in effect when these principles are adopted need not be amended, if the health web site has a good faith belief that the contract is in compliance with the principles set forth herein. TRUSTe will begin to evaluate the sites for compliance within the first quarter of 2001
Alia		To fulfill our commitment, we are dedicated to meeting the following goals: Internet health services that reflect high quality and ethical standards; Providing health information that is trustworthy and up-to-date; Keeping personal information private and secure, and employing special precautions for any personal health information; and Empowering consumers to distinguish online health services that follow our principles from those that do not.

Middlesex University Meeting June 30th, 2000

Penny Duquenoy

Internet Health Care Coalition, eHealth Code of Ethics

http://www.ihealthcoalition.org/ethics/draftcode.html

See also: http://www.ihealthcoalition.org/ethics/ethics.html

'Ratione personae'	Actors present	Hi-ethics (coalition of 20 most widely used Internet health sites and content providers)
	People concerned	Internet users seeking health care information: The American College of Preventive Medicine, American Institute for Preventive Medicine, British Healthcare Internet Association, Coalition for Health Information Policy, Information Management (CHIM), Confer Software, Inc., drkoop.com, drspock.com, The eHealthcare Association (TeHA), Eurimed.com, Focus Health, Inc, Health Informatics Europe, HealthLift.com, HealthMedia, Inc, HealthTech Digital Communications, Healthcare, Healthwise, Integrated Healthcare Association, Internet Healthcare Coalition, KidsMeds, Market Data Corporation (MDC MedScan), MedCERTAIN project consortium, MedicaLogic/Medscape, medicalrecords.com, Mediconsult.com, MediSpecialty.com, MedWebPlus.com, The NetDoktor Group, Copenhagen, Denmark, NetWellness, NexCura, Inc (operates cancerfacts.com), OBGYN.net, Optas, American Accreditation HealthCare Commission, WebEBM
'Ratione loci'		International [1] (most of the Board members are US, 2 from UK, 1 based in Geneva, 1 originating from Brazil)
'Ratione materiae' (Topics)		Principles Candor and trustworthiness: factors that could influence content, risks to users of providing personal information over the Internet Quality: provide high quality information, products, or services. Informed consent, privacy and confidentiality: safeguard users' privacy, obtain users' informed consent when gathering personal information. Best commercial practices: disclose information which may influence decision to purchase or use products, be truthful and not deceptive, engage in responsible business relationships and affiliations, guarantee editorial independence, disclose the site's privacy policy and terms of use. Best practices for provision of health care on the Internet by Health Care Professionals: adhere to the highest standards of professional practice, help patients to understand how the Internet affects the relationship between professional and patient while adapting the highest professional standards to the evolving interactions made possible by the Internet.
Enforcement	Sanctions	Not specifically mentioned, although the principles "set standards which member organizations will follow" [2] Implicitly then membership is at stake.
	Procedure	N/A
Alia		Hi-Ethics member companies intend to be fully compliant with the principles by November 1, 2000.[2]

[1] Interesting to note, in the instance of these types of principles, is the location relevant? (i.e. you either "buy" into it or you don't - admittedly the cultural perspective is US biased).

[2] News release: see http://www.healthwise.org/n_press.html which mentions ‘Hi-Ethics Releases Ethical Principles for the Health Internet, May 7, 2000’ downloadable at http://209.19.157.25/healthwise/items/document/e0149p.htm

2.2.7.2. Pour le secteur de l’édition

Middlesex University Meeting June 30th, 2000

Jacques Berleur

Electronic edition

Charter of electronic publishing

http://www.liberation.fr/licence/charte.html

Charte de l'édition électronique (Le Monde, Libération, ZDNet, La Tribune, Investir, Les Echos, L'Agefi, France) : rights and duties of the consumers, editorial content, copyright and intellectual property rights, …

‘Ratione personae’	Actors present	Le Monde, Libération, ZDNet, La Tribune, Investir, Les Echos, L'Agefi, France
	People concerned	Web Publishers, Users
‘Ratione loci’		France
‘Ratione materiae’ (Topics)		Commitments · Publisher: same legal rules as the traditional publishing. Webpublishers agree with the editorial rules (right to distribute the information to the public, check inasmuch as possible, the accuracy of the information, respect for the deontology rules of journalists, inform the reader of the editorial or advertising nature of the material, authorize printing for personal use, …) · User: respect for intellectual property rights (not reproduce, alter, modify,… without prior consent of the publisher, not copy all or part of the site on another site or on a intranet) Authorized · Quotation: short to avoid plagiarism (+ in particular, 3 or more headers and sub-headers will require the prior consent of the author) · Analysis: must respect for the moral right of the author · Press Review (different from "press panorama" (see below): name of author and source must be clearly spelled out · Create a link: doesn't require an explicit authorization of the publisher, provided it opens a new browser's window. The publisher may request the suppression of the link which s/he doesn't assess in conformity with his/her own editorial policy. In other conditions, such as: to put a logo of the publisher, the content must be integrated in the browsing of the external site, the access is not free of charge, … al that requires the prior consent of the editor. Forbidden without prior consent · Electronic reproduction: subscriber, buyer, user have only a right of use, not of reproduction (photocopy, scanning, electronic copy). Without the prior consent of the publisher, are forbidden any use of the content for reproduction on another site, any putting at disposal on a intranet, any diffusion of the titles via an alert e-mail, … · Press panorama: defined as a putting together excerpts of press articles. It requires the prior consent of the publisher. · Summarize: requires the prior consent of the author. · Diffusion via Intranet: : see reproduction · Archives creation: the subscriber, buyer or user having only a right of use, cannot archive on numerical or optical devices any publication, without prior consent.
Enforcement	Sanctions	Legal
	Procedure
Alia

2.2.7.3. Pour le secteur du commerce électronique

Namur Meeting January 2000

Diane Whitehouse

Electronic Commerce Platform Nederland (ECP.NL)

Code of Conduct for electronic commerce, Draft version 3.0, November 1999

http://www.ecp.nl/english/Model3.0ENG.pdf

http://www.ecp.nl/english/code.htm

‘Ratione personae’	Actors present	Electronic Commerce Platform Nederland (ECP.NL). A partnership between users, suppliers, intermediary organizations, government departments, and educational establishments. Its members are largely Dutch. Its consultative process involved Dutch representatives from these types of organizations.
	People concerned
‘Ratione loci’		Netherlands. Dutch law is apparently largely adequate to cover e-commerce.
‘Ratione materiae’ (Topics)		This is a ‘model’ code: it will serve as a model for at least a year, after which adjustments will be made based on observations. It is a dynamic and flexible instrument. The group has undertaken a study of electronic commerce and the potential role of self-regulation in eliminating any problems associated with it, such as: · reliability (of information; systems and organization; types of electronic signatures) · transparency (optimal transparency; identifiable commercial communication) · privacy (confidentiality; information; IPR).
Enforcement	Sanctions	Signing parties are intended to focus their attention on the way in which the Code of Conduct is enforced (details are covered in an explanatory note: enforcement could take place either through legal mechanism or through self-regulation). Signing parties can define the clauses themselves. For example, the settlement of disputes could take place according to professional groups/the particular sector concerned. Examples of self-regulatory mechanisms include: certification systems; registers; registration systems; disciplinary rules (or not).
	Procedure
Alia		The organization presents itself as neutral; it is an independent, not-for-profit organization.

Namur Meeting January 2000

Diane Whitehouse

Global Business Dialogue on Electronic Commerce

The Paris Recommendations (September 13, 1999)

http://www.gbd.org/conference/media.html

‘Ratione personae’	Actors present	The Global Business Dialogue on Electronic Commerce (GBDe) involves a collaboration among business leaders (chief executive officers (CEOs) and board members) of geographically and sectorally representative companies engaged in electronic commerce. Examples include: NEC Corporation, Daimler-Chrysler, The Walt Disney Company, Nortel Networks, Fujitsu Limited. Several hundred companies and trade associations participated in the consultation process.
	People concerned	The GBDe has entered into high-level dialogue with: governments, administrations, parliaments, international organizations,…
‘Ratione loci’		The organization is international; its work is done on a global basis. Its vision is that electronic commerce and use of the internet are not limited to national borders.
‘Ratione materiae’ (Topics)		· The removal of existing and new obstacles that would stifle the potential of electronic commerce to create economic growth and jobs · the creation of a framework in which electronic commerce can flourish and in which consumer trust can be furthered · the development of effective self-regulatory and market-driven mechanisms that are not limited to national borders (proposals and criteria have been drawn up on each of the following nine topics: authentication and security, consumer confidence, content/commercial communications, infrastructure, intellectual property rights, jurisdiction, liability, protection of personal data, tax/tariffs). · to address critical policy issues.
Enforcement	Sanctions	Precedence is given to self-regulation (by business partners) and technological solutions. If it is considered essential, any intervention by public authorities should be narrowly tailored, internationally oriented, transparent, and aims at a level playing field. Certain legal frameworks are explicitly criticized (see Alia).
	Procedure	To constitute a dialogue between the GBDe and governments, administrations, parliaments and international organizations and among each other.
Alia		Examples of comments about enforcement: legal restrictions on the use and export of encryption should be abandoned; minimal regulations relating to information infrastructure and market access should only be employed until effective competition has been established.

HCC-5, Geneva 1998

Jacques Berleur

ICC Revised Guidelines on Advertising and Marketing on the Internet (International Chamber of Commerce Guidelines for Ethical Advertising on the Internet), April 1998

http://www.iccwbo.org/home/statements_rules/rules/1998/internet_guidelines.asp and http://www.iccwbo.org/home/news_archives/1999/new_guidelines.asp

‘Ratione personae’	Actors present	All involved with advertising and marketing activities
	People concerned	Customers, Public at large, Marketers, All involved with advertising and marketing
‘Ratione loci’		(www.iccwbo.org ?) International Chamber of Commerce? World Business Organization?
‘Ratione materiae’ (Topics)		· All advertising and marketing should be legal (i.e. message should be legal in their country of origin), decent, honest and truthful; sensitive to issues of social responsibility, ... · Disclose their own identity (or relevant subsidiary) for making contact easy for the user. · Clearly inform users of the cost of accessing a message or a service. · Respect the role of particular electronic news groups, forums or bulletin boards. · Disclose the purpose(s) for collecting and using personal data to users and not use the data in a way incompatible with those purposes. · Allow users to exercise their right to opt-out. · Give the user the right to obtain data related to him/her. · Advertisers and marketers: not send unsolicited commercial messages on-line to users who have indicated they do not wish them. · Special clauses about advertising to children: not to exploit their natural credulity, not contain any content which might result in harm, identify material intended only for adults. · Respect for the potential sensitivities of a global audience: messages that could be perceived as pornographic, violent, racist or sexist.
Enforcement	Sanctions
	Procedure
Alia		Objectives: · "to enhance the confidence of the public at large in advertising and marketing provided over the new interactive systems; · to safeguard an optimum of freedom of expression for advertisers and marketers; · to minimize the need for governmental and/or inter-governmental legislation or regulations; and · to meet reasonable consumer privacy expectations."

Better Business Bureau Inc., BBBOnLine, Code of Online Business Practices, Draft 1999

http://bbbonline.com/businesses/code/index.htmhttp://bbbonline.com/businesses/code/index.htm, and http://www.bbbonline.org/code/code.asp

BBBOnLine, Inc.

4200 Wilson Boulevard, 8th Floor

Arlington, VA 22203

USA

‘Ratione personae’	Actors present	The Better Business Bureau system
	People concerned	Variety of industries and organizations in Internet businesses
‘Ratione loci’
‘Ratione materiae’ (Topics)		To foster consumer trust and confidence (standards for e-commerce, participants reliability) : Principle I: Truthful and Accurate Communications. Principle II: Disclosure. Principle III: Information Practices and Security. Principle IV: Customer Satisfaction. Principle V: Protecting Children.
Enforcement	Sanctions
	Procedure	Make a determination that their practices are in compliance with applicable laws
Alia		Voluntary code

From: Diane.Whitehouse@cec.eu.int

To: jberleur@info.fundp.ac.be

Subject: SIG9.2.2 - work on BBBOnline etc.

Date: Thu, 2 Nov 2000 15:49:14 +0100

Dear Jacques

I am about to leave on a mission (…), back on November 27th. I have managed as a minimum to take a look at two out of the three organisations I was requested to investigate vis-a-vis minimum requirements for codes. The notes are not formatted in powerpoint slides.

As general observations I would say:

· both systems (BBBOnLine and WebTrustwere started in the late 1990s and in north America;

· both were started by legitimate business or professional associations

· both have similar preoccupations (e.g., validity of business practices and operational controls; security of data; protection of confidentiality of consumers) although the concerns are expressed somewhat differently - one is more concerned about the status of minors as consumers (but it is imaginable that the other has principles that - even though more generic - cover minors as well as adults)

- methods for removing labels and the actual security of the labels appear to be in some doubt

- looked at from the sociology of occupations, the creation of both associations could be considered as an opportunistic move on the part of both associations (i.e., creating a new field of specialist activity for themselves).

- there is no information available about how satisfactory the procedures are, what monitoring of the effectiveness of the measures there is, etc.

I hope that this material will be satisfactory to get the group started on its next area of work.

Yours sincerely

Diane Whitehouse

DG Information Society, B2

BBB Online

-----------------

- founded in 1997

· reflects work and philosophy of Better Business Bureaus (BBB) (founded in US in 1911).

Only services in the US can benefit from the BBB Online labels.

- three fundamental principles (that relate to principal anxieties identified)

- security (e.g., of credit card numbers) - viability (of website)

- protection (of consumers' private life)

- labels available (3)

- reliability

- privacy

- kids' privacy

(The conditions relating to application for the latter two labels are particularly stringent; especially the last, which is based on the US Children's Online Privacy Protection Act 1998.)

- How to obtain a label?

Apply to become a member of your local BBB. Have BBB certify your company's details. Operate for at least a year. Have a reasonable complaints' procedure. Pay a sliding scale of fees related to obtaining the label(s). BBB Online examines your website's/company's conformity with its principles, and - of satisfied - gives you a label. (BBB Online estimates that only 12-15% of sites need to be adapted in order to receive a label.) Receiving the label does not guarantee the quality of a website's goods and services; only that the website owners have agreed to comply with BBB Online's principles and that a requisite complaints procedure exists. NB. The actual security of the label (e.g., it can be easily copied) does not appear satisfactory.

WebTrust Certification Services for E-Commerce Web Sites

http://www.webtrust.net/

- founded in 1997

- certification is provided by both US and Canadian chartered accountants; websites are vetted according to Webtrust principles and criteria (using objective third party principles relating to various commercial practices and controls)

- risks identified (3) which correspond to the several Webtrust principles

- satisfactory commercial practices (e.g., the organization actually exists)

· operational integrity (e.g., invoices are valid)

· information is protected (e.g., protection of the individual confidentiality of the consumer)

- Webtrust's minimum principles

- the organization has really been operating for a minimum of two months using satisfactory commercial practices

· effective controls function; viable controls procedures

· a method to monitor procedures is in place

How to obtain a label?

-------------------------------

A chartered accountant visits your website/organization, and certifies that it should be allowed to carry the Webtrust label. Verisign - an independent third party which has been designated to manage the giving and removing of labels - provides the label. Authentication of the label is provided by a number visible at the site. The removal of any given label is not explained well.

2.2.7.4. Pour le secteur "Software publishers"

HCC-5, Geneva 1998

Jacques Berleur

US SPA’s (Software Publishers Association) Guidelines for Copyright Protection (previously called ‘ISP Code of Conduct’), 1997

http://www.eff.org/pub/Legal/Cases/SPA_cases/spa_revised_isp.code

See also : http://www.siia.net/piracy/policy/int_guide.asp

‘Ratione personae’	Actors present	Server operators
	People concerned	Subscribers, members and users
‘Ratione loci’		(www.spa.org ?)
‘Ratione materiae’ (Topics)		· Use reasonable efforts to ensure: · "that the unauthorized reproduction and/or distribution of copyrighted computer programs does not occur on or through its servers, · that cracker utilities and serial numbers used to circumvent manufacturer-installed copy-protect devices in computer programs, will not be posted on its server(s), and · that links that promote sites that contain pirated computer programs and/or cracker utilities and serial numbers will not be posted on its server(s)." · "Remove pirated computer software and cracker materials or otherwise block access to it as soon as practicable after it is discovered." · "Include in its Terms of Service on user agreement notices concerning user’s legal obligations to respect copyright and to consider public service messages, warnings and hypertext links to appropriate educational web pages."
Enforcement	Sanctions	"Terminate subscribers or members, and/or block access to other users, who, without reasonable justification, fail or refuse to abide by the policy of making only legally authorized software available on its server(s)."
	Procedure
Alia		"Not knowingly sponsor, endorse, or advertise access to infringing software."

2.2.7.5. Pour le secteur Telemarketing

Middlesex University Meeting June 30^th, 2000

Jacques Berleur

USA, American Teleservices Association

ATA Code of Ethics, Recommended standards for professional and ethical telemarketing conducted by members of the American Teleservices Association

http://www.ataconnect.org/htdocs/market/code.htm

Telemarketing Sales Rule Compliance Guidelines

‘Ratione personae’	Actors present	Telemarketers
	People concerned	Telemarketers and their employees Consumers, Businesses
‘Ratione loci’		USA, all States
‘Ratione materiae’ (Topics)		· Proper Identification · Calling Hour Restrictions · Information to Consumers (Cost and quantity, Material restrictions, limitations or conditions to purchase, receive or use the offered goods/ services, No refund policy, Prize promotions), · Authorization for Payment · Prohibitions Under the Rule (Claims which are false or misleading are strictly prohibited, Misrepresenting any material aspect of the product, service, prize promotion or investment opportunity - or of the refund, repurchase or cancellation policy, knowingly assisting and/or facilitating telemarketers that violate the Rule, Credit card "laundering", use of threats, intimidation or profane or obscene language to pressure a consumer into accepting a sales offer) · "Do not call" Policies
Enforcement	Sanctions	Calling a consumer who has requested not to be called is a Rule violation and could result in civil penalties of up to $10,000 per violation
	Procedure
Alia		· Aim: combat telephone fraud by providing law enforcement agencies with powerful new tools and to give consumers new protections and guidance on how to differentiate between fraudulent and legitimate telemarketing. · Businesses not covered by the Rule Banks, Federal Credit Unions and Federal Savings and Loans; Common carriers, such as long distance telephone companies and airlines; Non-Profit Organizations; and Insurance companies, to the extent that this business is regulated by state law. · Calls not covered by the Rule Consumer calls in response to a catalog; 900 number pay-per-call telephone calls; Calls related to the sale of franchises; Unsolicited calls from consumers; Follow-up calls after a face-to-face sales presentation; Business-to-business calls that do not involve retail sales of non durable office or cleaning supplies, such as paper, toner and cleaning solvents; Consumers' calls made in response to general media advertising; Calls responding to direct mail advertising.

Middlesex University Meeting June 30^th, 2000

Jacques Berleur

USA, American Teleservices Association

ATA Code of Ethics, Recommended standards for professional and ethical telemarketing conducted by members of the American Teleservices Association

http://www.ataconnect.org/htdocs/market/code.htm

TCPA (Telephone Consumer Protection Act) Compliance Guidelines

‘Ratione personae’	Actors present	Telemarketers
	People concerned	Telemarketers and their employees Consumers, Businesses
‘Ratione loci’		USA, all states
‘Ratione materiae’ (Topics)		· Proper Identification · Calling Hour Restrictions · "Do not call" Policies (maintain a list of those people who do not wish to be contacted by phone for a period of 10 years and this cannot be sold) · Auto Dialer and ADRMP (Automatic Dialing Recorded Message Player) Regulations: the TCPA prohibits the use of ADRMPs to Emergency telephone lines, including any 911 line; emergency lines (hospitals, physicians, service offices or health care facilities, …), guest/patient rooms of a hospital; paging service, cellular telephone service, …; any residential telephone line for commercial purposes without the prior expressed consent of the called party · Facsimile Regulations: the TCPA specifically bans the transmission of unsolicited advertisements to telephone facsimile machines
Enforcement	Sanctions	Calling a consumer on two or more occasions within any 12-month period after they have requested not to be called is a violation of the TCPA and the FCC rule. The penalty is $500 for each violations or actual monetary loss, whichever is greater.
	Procedure
Alia