Re: RIPE32 Anti-spam WG minutes (draft 1.1)

On Tue, 02 Feb 1999 15:08:43 +0100, James Aldridge jhma@localhost wrote:

> DRAFT MINUTES (VERSION 1.1)
> 
> Anti-Spam Working Group
> RIPE 32
> Chair: James Aldridge, EUnet
> Scribe: Raza Rizvi, REDNET
> 
<snip>
> 
> Clive Feather (Demon) gave a summary of the proposal for a EU Directive on
> ECommerce. This requires that the recipient of a message can indentify the
> sender of the mesage at reciept time. Liability of ISPs in the transfer of
> information has also been clarified.
> 
> George Mills of The European Coalition Against Unsolicited Commercial Email
> (http://www.euro.cauce.org) presented on the proposal for a EU Directive on
> ECommerce. This can be seen at
> http://www.ispo.cec.be/Ecommerce/legal.htm#legal
> 
> In outline:
> 
> What is a commercial communication
> Promotional offers must be identified
> Regulated Professions
> Electronic Contracts
> Liabilities of Intermediaries
> 	Mere Conduit
> 	Caching
> 	Hosting
> 	No obligation to monitor except for a specific purpose for limited time
> 	Once informed, must take immediate action
> Codes of Conduct
> Out of Court dispute settlement
> Court Action
> Cooperation between authorities
> Electronic Media
> Santions
> Exclusions
> 
> 
> If it goes past the proposal stage and is formally accepted, then it
> will be added to the journal of directives within 20 days and then be
> liable to enforcement by member states within 1 year.
> 
> Article 6 and 7 are most pertinent to ISPs.

Most pertinent to this Working Group.  (Article 6 requires identification
of advertiser, Article 7 requires label.  "Mere conduit" and other
provisions limiting liability may be more pertinent to ISPs.)

> 
> Modification to the USENET Path list might be construed as a change of
> message and make ISPs liable to collusion with the poster.
> 
Shouldn't, unless the national law is badly written (this is possible).

> IRC/ICQ might count if they contain adverts.
> 
Yup.  Article 2 Paragraph e outlines what is and is not to be considered
"commercial communication."

GWM