Internet law and policy
From MozillaWiki
Contents
United States
Proposed Legislation
- Protecting Children From Internet Pornographers Act of 2011
- stage: passage recommended by House Judiciary committee (July 28, 2011)
- would require Internet service providers to retain IP addresses for 12 months for law enforcement purposes
- sponsor: Rep. Lamar Smith
- stage: passage recommended by House Judiciary committee (July 28, 2011)
- FCC Process Reform Act
- status: discussion draft (June 14, 2011)
- would require Notice of Inquiry (NOI) before Notice of Proposed Rulemaking (NPRM)
- would require the FCC to identify market failure or actual consumer harm that would be addressed by rule
- support from: Rep. Greg Walden
- status: discussion draft (June 14, 2011)
- Next Generation Wireless Disclosure Act
- stage: introduced in (June 21, 2011)
- would force carriers to inform customers, before purchase, about the minimum data speeds of the 4G network, the network's reliability, and coverage area
- sponsor: Rep. Anna Eshoo
- stage: introduced in (June 21, 2011)
- Location Privacy Protection Act
- stage: introduced
- would require device makers and app developers to get express consent from mobile users before collection or sharing information about their location with third parties
- sponsors: Sen. Franken and Sen. Bluemnthal
- stage: introduced
- S. 978: Bill to Amend Criminal Penalty Provision for Criminal Infringement of Copyright
- stage: committee hearings held (June 22, 2011)
- would make public performance of copyrighted works a felony
- would add a penalty of up to 5 years in prison and fines for showing 10 or more public performances via electronic means (i.e. online streaming) in any 180-day period, if the total retail value of the performances is more than $2,500 or cost of licensing the performances is greater than $5,000.
- sponsor: Sen. Kobuchar and Sen. Cornyn
- stage: committee hearings held (June 22, 2011)
- S. 968: PROTECT IP (Preventing Real Online Threats to Economic Creativity and Theft)
- stage: passed by committee, put on hold by Sen. Wyden (May 26, 2011)
- would allow the Attorney General or an IP rights-holder to seek injunction against domain name registrant for or operator of a copyright- or trademark-infringing website
- would allow the Attorney General to seek an injunction against domain name registrant for or operator of a nondomestic infringing website and force interactive computer services and servers of sponsored links to stop linking to infringing sites
- would require potential plaintiff to try to identify person or entity connected with infringment before taking against the domain name itself
- sponsors: Sen. Leahy
- stage: passed by committee, put on hold by Sen. Wyden (May 26, 2011)
- HB 1895: Do Not Track Kids Act
- stage: introduced (May 13, 2011)
- would change the enttities covered by COPPA to sites that know they collect information from children generally (rather than from a specific child)
- would add IP addresses to "personal information" for which parental consent is required before collection, prohibit targeted marketing to children and minors (aged 13 to 17)
- would require a data "eraser" button
- would require any site, online service, or application directed to teens to adopt Fair Information Practice Principles to govern data collection and use
- sponsors: Rep. Markey and Rep. Barton
- stage: introduced (May 13, 2011)
U.S. Agencies
FCC
Public Notices
- FCC Requests Nominations for Membership on Open Internet Advisory Committee
- Nominations Due : September 1, 2011
- OIAC will be a Federal Advisory Committee that will assist the Commission "in tracking developments with respect to the freedom and openness of the Internet, in particular with respect to technical standards and issues relating to mobile broadband and specialized services."
- OIAC to consist of "consumer advocates; Internet engineering experts; content, application, and service providers; network equipment and end-user device manufacturers and suppliers; investors; broadband service providers;" and others.
- Nominations may be sent via email to OIAC@fcc.gov
- More information available here or by contacting Ellen Satterwhite, Consumer and Governmental Affairs Bureau, FCC, ellen.satterwhite@fcc.gov
- NOI In the Matter of Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps To Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act
- Released: August 5, 2011
- Comment Date: September 6, 2011
- Issues for Inquiry:
- A. What is Advanced Telecommunications Capability?
- B. How Should Broadband Deployment Be Interpreted and Measured?
- C. Is Broadband Being Deployed to All Americans?
- D. Is Broadband Deployment Reasonable and Timely?
- E. Is Broadband Available to All Americans?
- F. Other Data – are there any ongoing efforts to collect broadband deployment or availability data that we should consider other than those discussed in this Inquiry?
- G. What Actions Can Accelerate Deployment?
- File comments electronically by accessing [1] or [2]
Complaints
- Free Press Complaint against Verizon's request that Android market block tethering apps that let people connect computers to the Internet via mobile connections.
- FCC officially acknowledged Free Press complaint, July 18, 2011
- Verizon response August 8, 2011
FTC
Public Notices
- FTC Extends Deadline for Public Comments on Businesses Education Publication about Online Disclosures
- Deadline for Comment: August 10, 2011
- "Dot Com Disclosures: Information About Online Advertising" is the business education publication that discusses how federal advertising law applies to advertising and sales on the Internet.
- Comments can be submitted here
- Media Contact: Betsy Lordan, Office of Public Affairs, 202-326-3707
Antitrust Investigations
- Antitrust investigation against Google (ongoing June, 2011)
European Union
European Commission Public Consultations
Open Consultations
- Cloud Computing Standardization
- Formal Consultations beginning: May 23, 2011
- Closing Date: August 31, 2011
- Purpose: European Commission asking stakeholders and interested parties for their experiences, needs, expectations, and insights into the use of Cloud Computing, which is to be used in developing future Cloud Computing policies and actions.
- Online questionnaire directed at stakeholders available here
- SIENA Roadmap (emphasis on interoperability, federated e-infrastructure with common services, i.e. identity management) available here
- Personal Data Breach Notifications Under ePrivacy Directive
- Closing Date: September 9, 2011
- Purpose: As first step toward passing technical implementing measures for personal data breach notifications under the ePrivacy Directive, Commission wants to engage all relevant stakeholders (i.e. telecoms operators, ISPs, consumer organizations) in public consultation process to gather practical input based on practice and experience with the new rules.
- Looking for practical examples of how respondents handle data breaches and notifications in member states where they are active; also inviting organizations to express their views on issues.
- Consultation document available here
Directives
- E-Privacy Directive
- amended December 25, 2009 (member state compliance required by May 25, 2011)
- companies must get user consent, provided on the basis of clear on comprehensive information, before storing user information, or accessing information already stored, on users' computers (Cookie Law)
- it is sufficient to meet requirements for initial use only
- consent can be indicated through browser settings
- requirements do not apply to storage or access to information:
- that is only used to carry communications over the network or
- that is strictly necessary for services requested by the user
- amended December 25, 2009 (member state compliance required by May 25, 2011)
France
Legislation
- HADOPI Law
- adopted May 13, 2009
- creates government agency that can, following a complaint of copyright infringement, implement a three strike process against the alleged infringer:
- 1. Email message sent to Internet user, followed by ISP monitoring of user's connection
- 2. If the copyright owner suspects the user is continuing to infringe, a certified letter can be sent to the subscriber
- 3. If the user fails to comply a year after receiving the certified letter and is accused of additional infringing acts, the ISP must suspend the user's Internet access for a specified time period ranging from 2 months to 1 year
- 1. Email message sent to Internet user, followed by ISP monitoring of user's connection
- The user can appeal during the third phase, but the user has the burden of proof and can only request that the Internet suspension be reduced, not cancelled
- adopted May 13, 2009
India
Legislation
- Intermediary Regulations
- passed (February 7, 2011), effective April 2011
- requires intermediaries to adopt terms of service prohibiting users form hosting, displaying, publishing, or sending any proscribed content
- proscribed content includes infringing material as well as any that threatens national unity or integrity, public order, or material considered grossly offensive, menacing in nature, disparaging, or otherwise unlawful in any manner
- once the intermediary discovers or is notified of the proscribed content, it must disable the content within 36 hours, can immediately terminate access or usage rights, and must preserve related user records for 90 days for investigatory purposes
- passed (February 7, 2011), effective April 2011
Netherlands
Legislation
- Net Neutrality (Mobile)
- passed Dutch House, awaiting Senate approval (June 23, 2011)
- prevents mobile operators from preventing access or charging for VOIP and instant messaging service
- passed Dutch House, awaiting Senate approval (June 23, 2011)
New Zealand
Legislation
- Three Strikes Disconnection Law
- passed (April 2011)
- allows users to be disconnected from the Internet if someone using the connection is accused of three acts of copyright infringement
- law goes into effect if infringement does not decline over the next two years but can go into effect as early as September, based on consultation with IP rights-holders
- passed (April 2011)
Spain
Legislation
- Sustainable Economy Law, Ley Sinde Act
- passed by Spanish Parliament (March, 2011)
- allows for judicial order to close down any web page that infringes copyright upon request to Intellectual Property Commission
- passed by Spanish Parliament (March, 2011)
United Kingdom
Legislation
- Digital Economy Act
- passed by Parliament, received Royal Assent (April 8, 2010)
- establishes system for identifying and purusing court orders against persistent copyright infringers
- after one year minimum, allows technical measures to terminate Internet connections of repeat infringers, or reduce the quality of their connections
- creates extra-judicial process in which:
- 1.Copyright owners gather lists of IP addresses of alleged repeat infringers and send them to ISPs
- 2. ISPs notify subscribers based on IP addresses and then, upon request, give Copyright owners report of IP addresses of subscribers who have reached infringement threshold
- 3. Copyright owners can seek court orders to identify subscribers on the list in order to pursue copyright infringement suits against them
- 1.Copyright owners gather lists of IP addresses of alleged repeat infringers and send them to ISPs
- allows fines of up to 250,000 GBP for ISPs who do not fulfill obligations
- establishes independent appeals process covering grounds for infringement reports
- in such appeals, subscribers are presumed innocent until proven guilty
- allows the Secretary of State, with consent of the Lord Chancellor, both houses of Parliament, and a court, to block access to a website from which a substantial amount of copyrighted material has been made available (or likely will be), or which facilitates infringing behavior
- passed by Parliament, received Royal Assent (April 8, 2010)
