FC: Bosnia wants to make Internet firms monitor, police their users

From: Declan McCullagh (declanat_private)
Date: Thu Feb 21 2002 - 19:24:27 PST

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    I've taken the MSWD document, crudely translated it into HTML, and placed 
    it here (a text copy is attached below):
    http://www.politechbot.com/docs/bosnia.isp.license.022102.html
    
    -Declan
    
    ---
    
    Date: Fri, 22 Feb 2002 01:02:54 +0500
    To: declanat_private
    From: Robert Horvitz <bobat_private>
    Subject: ISP licensing issues in Bosnia-Herzegovina
    
    Dear Mr McCullagh,
    
    On 5 February 2002, Bosnia-Hercegovina's Communications Regulatory
    Agency (CRA), released the draft text of new licensing regulations
    for Internet Service Providers (ISPs).  The text contained several
    unwelcome surprises.  Perhaps most unwelcome is Paragraph 5.2,
    which says, according to the official English translation:
    
        "5.2. The LICENSEE shall ensure that objectionable, obscene,
        unauthorised or any other content, messages or communications
        infringing copyright and international & domestic regulations
        on Internet and public communications, in any form are not
        carried in his network."
    
    This license condition would seem to make ISPs responsible for
    monitoring and blocking all "objectionable" or "unauthorized"
    content passing through their system, in real-time - including
    even email messages sent between individuals, and data in transit
    between senders and receivers outside the country.  No definitions
    are provided for the vague terms "objectionable" and "unauthorized."
    
    Holding ISPs fully and instantly responsible for all content
    carried by their network is of course contrary to the norms of
    most other countries.  Nearly everywhere else, the person who is
    responsible for removing offensive content is the person who put
    it online.
    
    It was even surprising that the CRA wants to license ISPs.  Last
    autumn, the CRA's previous head told the BA ISP Association that
    CRA would only require a general authorization.  That would be
    consistent with the European Union's Licensing Directive
    (1997/13/EC), as well as the more recent EU "Proposal for a
    Directive on the authorization of electronic communications
    networks and services" [12 July 2000].
    
    The final draft of the ISP license text is supposed to be presented
    to the CRA Council at its meeting in March 2002 - despite that fact
    that the Bosnian public, which will bear the brunt of the cost of
    implementing the content-monitoring requirement, as well as the
    loss of privacy rights - is still largely unaware of what is at
    stake.  Indeed, right after the draft license text was released, a
    CRA employee in Mostar wrote an article for Europemedia.net assuring
    eveyone that "the CRA has only been given authority over the
    technical aspects of the internet, not over content-related issues..."
    (see http://www.europemedia.net/shownews.asp?ArticleID=8307)
    
    CRA was created by the Office of the High Representative in BiH,
    under a mandate from the Peace Implementation Council, which is
    dominated by the NATO countries.  As a result, CRA is rather more
    sensitive to foreign influences than most regulatory agencies.
    But it remains to be seen if any pressure, either at home or from
    abroad, can induce them to modify the draft ISP licensing text
    before it is approved in March.
    
    Contact information for the CRA can be found at
    
           http://www.cra.ba/English/contacts.htm
    
    The full text of the draft ISP license (in English) is attached to
    this message.
    
                            Yours truly,
                            Robert Horvitz (formerly, antennaat_private)
    
    
    
    
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
    Robert Horvitz                     E-mail:  HORVITZat_private
    Manager, Central/Eastern Europe                ANTENNAat_private
    Global Internet Policy Initiative             BOBat_private
    Slavikova 11                         Tel/fax: (+420 2) 22726807
    120 00 Praha 2, Czech Republic      http://WWW.GIPIPROJECT.ORG/
    
    ---
    
    [Below is my cut-and-paste copy of the MSWD file, also available at the URL 
    above. --Declan]
    
    Pursuant to the Decision of the High Representative of 2 March 2001 
    Combining the Competencies of the Independent Media Commission and the 
    Telecommunications Regulatory Agency, and to Article 6 (a) of the Law on 
    Telecommunications (Official Gazettes of Bosnia and Herzegovina Nr. 10/99),
    
    the Communications Regulatory Agency, body responsible to perform 
    regulatory functions in the field of communications in Bosnia and 
    Herzegovina, ....../ ......./ 200.. has awarded the following:
    
    
    LICENCE
    FOR INTERNET SERVICE PROVIDER
    
    To
    [Licensee]
    
    
    
    
    1	DEFINITIONS
    
    All expressions used hereinafter shall have the meaning:
    
    AGENCY means the Communications Regulatory Agency (CRA) established by 
    Decision of the High Representative of 2 March 2001 Combining the 
    Competencies of the Independent Media Commission and the Telecommunications 
    Regulatory Agency;
    
    Licence means a licence text defined and awarded by the AGENCY
    
    Licensee means legal entity that has been awarded Licence for providing the 
    Service.
    
    ISP means Internet Service Provider Licensed to provide Internet Service 
    under conditions defined by Licence.
    
    Internet means a global information system that:
    
    -	is logically linked together by a globally unique address, based on 
    Internet Protocol (IP) or its effective sucessors;
    
    -	is able to support communications using the Transmission Control 
    Protocol/Internet Protocol (TCP/IP) suite or its effective sucessors, and 
    all other IP compatible protocols; and
    
    -	provides, uses or makes accessible, either publically or privately, high 
    level services layered on the communications & related infrastructure.
    
    The RIPE NCC means the RIPE Network Coordination Centre (NCC) as an 
    International institution responsible to ensure the fair distribution of 
    global Internet resources in the RIPE NCC service region required for the 
    stable and reliable operation of the Internet what includes the allocation 
    of Internet (IP) address space.
    
    Domain Name Domain names registered in RIPE NCC and represents a unique 
    alpha-numeric designation to facilitate reference to the sets of numbers 
    that actually locate a particular computer connected to the global 
    information network;
    
    IP Addresses: Internet Protocol Addresses which is 32 bit or 128 bit binary 
    address organised in dotted octet, four sets of numbers separated by dots, 
    used to unique identify network or server with network application
    
    Service means Internet Service such as Internet Access Service, Store & 
    Forward Services, Remote Host Login, Electronic Mail using TCP/IP, File 
    Transfer and Information Discovery Services e.g. Gopher (Indexed File 
    Transfer, Worldwide Web (WWW), etc.
    
    Operator means any person who is authorised by the Agency to run a Relevant 
    Connectable System.
    
    Applicable Systems: The "applicable system" means all the necessary 
    equipments or systems engineered to provide Internet Service to the 
    appropriate operational, technical and quality requirements and other terms 
    and conditions of the Licence agreement and as may be laid down in the 
    AGENCY rules.
    
    Connectable System means a telecommunication system which is authorised to 
    be run under a Licence which authorizes connection of that system to the 
    applicable System;
    
    Subscriber means any person or legal entity that avails the service from 
    the Licensee.
    
    "Value Added Service": Value Added Services are services which add value to 
    the basic telecom services and bearer services for which separate Licences 
    are issued.
    
    Validity of the Licence means the period for which this Licence is 
    effective and operative.
    
    
    2	SCOPE OF LICENCE
    
    2.1.	The Communications Regulatory Agency (the AGENCY) does, hereby, grant 
    Licence to establish, operate and maintain Internet Service (the "Service") 
    in Bosnia and Herzegovina, on the terms and conditions established by this 
    Licence.
    
    2.2.	the AGENCY reserves the right to modify at any time the terms and 
    conditions of the Licence hereto, if in the opinion of the AGENCY it is 
    necessary or expedient to do so in the interests of the general public or 
    for the proper conduct of telecommunications or on security 
    consideration.  In all cases, the AGENCY decision is final and irrespective 
    of conditions defined in Licence
    
    2.3.	The AGENCY reserves the right to suspend or terminate the Licence in 
    the event of an emergency situations or any other eventuality in public 
    interest.
    
    
    
    
    	
    3.	VALIDITY OF LICENCE
    
    3.1.	Initially the Licence is granted for a period of 10 years.
    
    3.2.	Requests for extension shall be made 6 months before expiry date with 
    respect of the date stated in paragraph 16 of this Licence. If no request 
    for extension is received by then, the Licence shall automatically stand 
    terminated as per due date. The Licence shall be extended normally under 
    the conditions defined by AGENCY. AGENCY shall extend or refuse extension 
    of the Licence on a request received by it. The decision of the AGENCY 
    shall be final in the matter.
    
    3.3.	If the Licensee is to surrender the Licence, it shall give an advance 
    notice of 30 days to the AGENCY to this effect. The Licensee shall also 
    intimate its subscribers of consequential withdrawal of service by serving 
    a 30 days notice to them.
    
    3.4.	If at any time, during the continuance of this licence, the 
    performance in whole or in part, by either party, of any obligation under 
    it is prevented or delayed, by reason of war, rebellion, turnout, fire, 
    flood or any such event will not be understand as violation of the Licence 
    obligation, if  is given notice to Agency about Force Majeure. Continuation 
    of provision of licensed service shall be resumed as soon as practicable, 
    after such event comes to an end or ceases to exist.
    
    
    4.	RESPONSIBILITY
    
    4.1.	The Licensee shall respect all restrictions in the provision of 
    services as defined by this Licence.
    
    4.2.	 The Licensee shall respect all parameters of Service quality as and 
    when defined by the AGENCY.
    
    4.3.	The Licensee shall be solely responsible for the installation, 
    networking and operation of necessary equipment and systems, issue of bills 
    to its subscribers as well as treatment of the subscribers' complaints.
    4.4.	The Licensee is responsible for provision of all needed 
    infrastructures involved in providing the Service compatible with the 
    equipment of other Service providers.
    
    4.5.	The Licensee shall clearly indicate the specifications of the Service 
    to the subscribers at the time of entering into contract with such subscriber.
    
    4.6.	It will be the responsibility of the Licensee to obtain its own IP 
    address, domain name etc. from competent bodies.
    
    4.7.	The Licensee shall provide the service in Bosnia and Herzegovina to 
    any individual or legal person without any discrimination and in accordance 
    with his technical possibilities.
    
    4.8.	The Licensee shall plan and provide, operate and maintain the Licensed 
    service meet the appropriate quality standards as may be defined by Agency.
    
    5.	SERVICE STANDARDS
    
    5.1.	The LICENSEE shall warrant that Services to be provided by him shall 
    be of the acceptable grade, consistent with the established and generally 
    accepted standards as may be defined in accordance with paragraph 4.8 
    above. The LICENSEE shall be responsible for repair of defects and making 
    good any degradation in the Service during the currency of the Licence.
    
    5.2.	The LICENSEE shall ensure that objectionable, obscene, unauthorised or 
    any other content, messages or communications infringing copyright and 
    international & domestic regulations on Internet and public communications, 
    in any form are not carried in his network.
    
    6.	LIMITATIONS
    
    6.1.	Internet telephony, Video telephony or Video conferences as commercial 
    services are not permitted under the terms of this Licence. If the Licensee 
    is found to be offering such services for commercial gain then the Agency 
    shall take appropriate action including but not limited to termination of 
    the licence.
    
    
    7.	LEASED LINES AND INTERCONNECTION
    
    7.1.	The Licensee may obtain the transmission links on lease from any other 
    Operator authorised to lease such lines to third parties. The Licensee may 
    also establish its own transmission links for carrying traffic related only 
    to his service within Bosnia and Herzegovina, and subject to permission of 
    AGENCY. Such permissions include but are not limited by the applicable 
    provisions of the Rules on Interconnection and also that on Leased Lines.
    
    
    
    
    
    
    
    
    
    
    
    
    8.	LICENCE FEE
    
    8.1.	The Licensee shall pay to the AGENCY fees for work related to the 
    Licence in the amounts and ways described below:
    
    1)	Fee for the processing of the application - once	500KM
    		
    2)	Fee for the right to use the Licence  annually	4000KM
    
    
    8.2.	The Licence Fee shall be paid in advance on yearly basis and on the 
    payment form issued by the AGENCY.
    
    8.3.	The AGENCY reserves the right to review the Licence fee at it's 
    discretion at any time during the validity of the Licence. The AGENCY may 
    not increase the Licence fee with retroactive effect. The increased Licence 
    fee as may be decided by the AGENCY shall not implement for the paid fee 
    but shall implement to the unpaid fee.
    
    
    9.	TARIFFS
    
    9.1.	The LICENSEEs will be free to fix their own tariff to be charged from 
    subscribers. The tariff shall be left open to be decided by market forces. 
    The Licensee shall intimate the AGENCY, the tariff for the service to be 
    charged from its subscribers and any changes thereof, at least 10 days 
    prior to its implementation. Such notices shall also be issued to the 
    LICENSEE customers in advance of any change to tariff
    
    10.	REPORTS AND INFORMATION
    
    10.1.	As and when requested by AGENCY, the Licensee shall deliver a copy of 
    each of the accounting statements, pricing list of the Services as well as 
    other technical and financial information not later than 15 days after the 
    issuing of the request.
    
    
    
    
    
    
    
    
    
    
    
    
    11.	LIMITATION OF THE AGENCY LIABILITY
    
    11.1.	In the case of dLicenseeute arising between Licensee and other 
    parties due to non observance of rules and regulations by the Licensee as 
    provided in this Licence, the AGENCY will have full powers to take any 
    action against Licensee as is provided in the relevant clauses of this 
    Licence and in accordance to AGENCY  Procedure.
    
    
    11.2.	In case of any complaint or dLicenseeute with regard to the Service 
    from any subscriber of the service, such complaint or dLicenseeute shall be 
    a matter between such subscriber of the service and the Licensee only.
    
    12.	REVOCATION, TERMINATION AND SURRENDERING OF LICENCE
    
    
    12.1.	The AGENCY may from the reasons stated in this Licence revoke the 
    Licence by giving a written notice of 30 days after affording a reasonable 
    opportunity to the Licensee to make representations.
    
    12.2.	The AGENCY, may, without prejudice to any other remedy for breach of 
    conditions of Licence, by written notice of 30 days, issued to Licensee at 
    its registered office, terminate this Licence in whole or part under any of 
    the following circumstances:
    
    i.	if the Licensee fails to commission or deliver the service within the 
    time period(s) specified in the Licence or in any extension thereof, if 
    granted by the AGENCY.
    
    ii.	if the Licensee fails to perform any other obligation(s) under the 
    Licence including remittance of timely payments of Licence fee due to the 
    AGENCY.
    
    iii.	if the Licensee does not rectify the failure within a notice period of 
    30 days or during such further period as the AGENCY may authorise in 
    writing in this regard.
    
    12.3.	The AGENCY, may at any time terminate the Licence by giving written 
    notice of 30 days to the Licensee without compensation to him, if the 
    Licensee becomes bankrupt or otherwise insolvent, provided such termination 
    shall not prejudice or affect any right of action which has accrued or will 
    accrue thereafter to the AGENCY. The right of termination will arise on the 
    Licensee being adjudicated or applying for being adjudicated as bankrupt.
    
    
    13.	RIGHT TO INSPECT
    
    13.1.	The AGENCY, or its authorised representative shall have the right to 
    inspect the sites to which and where from the services are extended.
    
    
    14.	RIGHT TO PENALTY
    
    14.1.	AGENCY reserves the right to, in case of a default of any of the 
    terms and conditions stipulated in the Licence, impose any penalty as it 
    may deem fit under the provisions of this Licence or applicable rules by 
    the Agency.
    
    15.	PROHIBITION TO TRANSFER
    
    15.1.	The Licensee may not transfer its rights in any manner whatsoever to 
    any other party or enter into any agreement for sub-Licence and/or 
    partnership relating to any subject matter of the Licence to any third 
    party either in whole or in part without prior endorsement by AGENCY
    
    16.	ENTERING IN THE FORCE AND DURATION
    
    16.1.	This licence entering in the  force by the date: ./../200 with 
    duration until ./../200
    
    
    
    
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