For Sound Development of Internet Services - Guideline for codes of practices for Internet Service Providers -

(1)

For Sound Development of

Internet Services

- Guideline for codes of practices

for Internet Service Providers

-March , 1998 March , 1998

Kazuko Otani

TELECOM SERVICES

ASSOCIATION

TELESA

TELESA Guidelines TELESA Guidelines

(2)

What is TELESA ?

3 TYPEs of Telecommunications Business Provider

TYPE I Business Provider PERMITTED by MPT Special TYPEII Business Provider REGISTERRED by MPT General TYPEII Business Provider NOTIFICATION to MPT

TELESA

■

■The Sole Association of The Sole Association of TYPE IITYPE II

Telecommunications

Business ProvidersBusiness Providers in Japan in Japan

■

■Member as of JAN 1998 : 403_{Member as of JAN 1998 : 403}

companies

How to access to our Guideline ?

http://www.telesa.or.jp/guide/guide01.html http://www.telesa.or.jp/guide/guide01.html TELESA Guidelines

TELESA Guidelines

MPT: Ministry of Post and Telecommunications

(3)

Activities

(JUN 1996-FEB

1998)

of

Internet

S

ervice

Providers

’

E

thics

C

ommittee

1996 JUN Start of drafting committee

1996 J UL Send questionnaires to collect opinions and trouble cases from members

1997 MAY Open our 1st_{draft to Internet Users}

through WWW to receive opinions from large number of people

1997 J UL-DEC

Interview with well-informed people or collecting opinions to revise of draft 1998 J AN Send the final revision and questionnaires to members to fix the content of guidelines

1998 FEB Open 1st_{edition of our guideline}

1996 JUN Start of drafting committee

1996 J UL Send questionnaires to collect opinions and trouble cases from members

1997 MAY Open our 1st_{draft to Internet Users}

through WWW to receive opinions from large number of people

1997 J UL-DEC

Interview with well-informed people or collecting opinions to revise of draft 1998 J AN Send the final revision and questionnaires to members to fix the content of guidelines

1998 FEB Open 1st_{edition of our guideline}

TELESA Guidelines

(4)

Background of our

Guidelines

■

Widespread Use of the Internet

in

Japan

■

Increase of -

Increase of

-•

•

Social problems

(diffusion of

harmful content for children,

etc.)

•

Crime using Internet

•

Disputes

(copyright

infringement, defamatory

statements on BBS, etc.)

■

Promotion of Self-regulation

Framework

TELESA Guidelines

(5)

Increasing ISPs

1993 1994 1995 1996 1997 0 500 1000 1500 2000 2500 1993 1994 1995 1996 1997 TYPEI TYPE IIS TYPE IIG 1993 1994 1995 1996 1997 0 500 1000 1500 2000 2500 1993 1994 1995 1996 1997 TYPEI TYPE IIS TYPE IIG

18% of all ISPs are the member of

TELESA

2466 ISPs in Japan 2466 ISPs in Japan (end of 1997) (end of 1997) TELESA Guidelines TELESA Guidelines

(6)

Increasing Internet

Crimes

1996 1997

dist r ibu t ion of obscen e gr a ph ic or m a t er ia l

20 57

fr a u d 1 7

copyr igh t in fr in gem en t 4 10

dr u g t r a ffic 4

ot h er 1

t ot a l 25 79

1996 1997

dist r ibu t ion of obscen e gr a ph ic or m a t er ia l

20 57

fr a u d 1 7

copyr igh t in fr in gem en t 4 10 dr u g t r a ffic 4

ot h er 1

t ot a l 25 79

1997 National Police Agency of Japan

TELESA Guidelines

(7)

Increasing disputes and

lawsuits

■

Tokyo District Court May 26,

1997

•

sysop’s liability

•

online service provider’s

liability

Forum Forum Forum Forum Forum Forum defamatory defamatory word... word... sysop sysop defendant defendant plaintiff plaintiff online service online service provider provider TELESA Guidelines TELESA Guidelines

(8)

Trend of Self-regulation

JUN 1997

US SUPREME COURT RULED THAT TWO PROVISIONS OF THE COMMUNICATIONS DECENCY ACT OF 1996 ABRIDGES THE FREEDOM OF SPEECH PROTECTED BY THE FIRST AMENDMENT

JUL 1997

The US Framework for Global Electronic Commerce represent to encourage industry self-regulation, the adoption of content rating systems, and the development of filtering tools to empower parents to block content that is inappropriate for children.

NOV 1997

EU Commission Communication on the follow-up to the Green paper on the protection of minors and human dignity in audiovisual and information services including a Proposal for a Recommendation

JUN

1997

US SUPREME COURT RULED THAT TWO PROVISIONS OF THE COMMUNICATIONS DECENCY ACT OF 1996 ABRIDGES THE FREEDOM OF SPEECH PROTECTED BY THE FIRST AMENDMENT

JUL 1997

The US Framework for Global Electronic Commerce represent to encourage industry self-regulation, the adoption of content rating systems, and the development of filtering tools to empower parents to block content that is inappropriate for children.

NOV 1997

EU Commission Communication on the follow-up to the Green paper on the protection of minors and human dignity in audiovisual and information services including a Proposal for a Recommendation

TELESA Guidelines

(9)

Chapter 1: Purposes

TELESA Guidelines Art 1

To

protect Users

by responding

appropriately to various problems

arising from providing

telecommunications services

Internet Connection Services etc.

will make

(10)

Chapter 1: Four

Principles

Principle 1 Principle 1

The freedom of expression

of the sender should be

respected

Principle 2

The principle that the

sender should have

self-responsibility

for the contents should

be given priority

Principle 3

The secrecy of communications

and personal data should be protected

Principle 4

Consideration should be given to the sound

growth of minors

(11)

Scope of the Guidelines

Communication

open to the public

other communication other communication Information which hampers

Information which hampers

the sound growth of minors

Harmful information Harmful information Nuisance Nuisance communication communication Illegal information Illegal information Disguising Disguising communication communication TELESA Guidelines Art 2

(12)

Chapter 2: Protection of

Users

■

Protecting Personal Data and

Privacy

public sector

public sector private sectorprivate sector

secrecy of

communication

Personal Data, including

sensitive information, such as

medical history, criminal

record,

finantial status, legal domicile

etc. etc. CallerID Service CallerID Service Tele-marketing Tele-marketing Electronic Commerce Electronic Commerce Telecommunication Telecommunication Service Service Act (1985) Act (1985)

The Act Protection of Personal Data

Held by Government (1988)

(13)

Chapter 2: Protection of

Users

Selection of information

received

■

ISPs should make efforts

•

to build a system which

protects minors from

information which

–

– hampers their sound growthhampers their sound growth

–

– allows guardians to selectallows guardians to select

information which they feel

inappropriate for minors

•

• to enable users to installto enable users to install

technological measures to select

information they receive, such as

rating and filtering software

TELESA Guidelines Art 4-6

(14)

Conditions to be Specified in

Chapter 3: Agreements with

Users

■

ISPs should specify in

Agreements with Users

•

that Users should not deliver

nuisance communication

and

disguised communication

•

that Users should not dispatch

illegal or harmful

communication

•

measures ISPs can take

when

they become aware of Users ‘

violations

TELESA Guidelines Art 7-8

(15)

Chapter 4: Contents of Mesasures

by ISPs

TELESA Guidelines 9-11

Request the sender to stop the violation

Prevent Users from receiving Illegal or

Harmful information,

Nuisance Communication, or Disguising

Communication

Terminate use by the sender or cancel

the Agreement with Users

If ISPs can specify the sender...

When ISPs know the violation of their User...

If ISPs can take such technological measures

(16)

Chapter 4:Contents of

Measures by ISPs

■

When ISPs takes measures

mentioned in this Chapter,

ISPs should take into

considerations the following

items

TELESA Guidelines 12 TELESA Guidelines 12

Secrecy of Communication

Take proportional measures

Cooperation with other ISPs

(17)

Chapter 5: Responding to

Complaints

■

Clarification of Section to

Deal with Complaints

■

Confirmation of the Contents

of Complaints

■

Encouraging resolve by

themselves

■

Collection of Cases

(18)

Response to Various

Chapter 6: Kinds of Reference

■

Response to forced

investigation

•

To confirm the confiscation list

and warrant issued by court

■

Response to voluntary

investigation and other

reference

•

Not to disclose the information

classified into the secrecy of

communication

■

Response to various inquiry

•

To identify the inquirer as the

user

(19)

Chapter 7: International

Cooperation

Taking into consideration the

fact that the Internet is

spreading information on a

global scale, we will deal

with Illegal or Harmful

Information and Nuisance or

Disguised Communication in

cooperation with ISPs

organization in the other

countries.

TELESA Guidelines 20

(20)

Tasks to be performed

■

■ To prepare help desk manual whichTo prepare help desk manual which

carries collected cases to deal with

various complaints concerning illegal

or harmful information

■

■ To draft a Model Agreement forTo draft a Model Agreement for

Internet Connection Services

■

■ To encourage members and otherTo encourage members and other

ISPs to comply with the Guidelines

TELESA Guidelines

If you have any comments or suggestion,

please send e-mail to [email protected].