For Sound Development of Internet Services - Guideline for codes of practices for Internet Service Providers -
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1 TELESA Guidelines For Sound Development of Internet Services - Guideline for codes of practices for Internet Service Providers - March, 1998 Kazuko Otani TELECOM SERVICES ASSOCIATION TELESA
2 TELESA Guidelines What is TELESA? The The Sole Association of TYPE II Telecommunications Business Providers in Japan Member as of JAN 1998 : 403 companies 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 MPT: Ministry of Post and Telecommunications How to access to our Guideline?
3 TELESA Guidelines Activities (JUN 1996-FEB 1998) JUN JUN Start Start of of drafting drafting committee committee of Internet Serviceervice Providers Ethicsthics Committee JUL JUL Send Send questionnaires to to collect collect opinions opinions and and trouble trouble cases cases from from members members MAY MAY Open Open our our 1 st st draft draft to to Internet Internet Users Users through through WWW WWW to to receive receive opinions opinions from from large large number number of of people people JUL- JUL- Interview Interview with with well-informed people people DEC DEC or or collecting collecting opinions opinions to to revise revise of of draft draft JAN JAN Send Send the the final final revision revision and and questionnaires to to members members to to fix fix the the content content of of guidelines guidelines FEB FEB Open Open 1 st st edition edition of of our our guideline guideline
4 TELESA Guidelines Background of our Guidelines Widespread Use of the Internet in Japan 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
5 TELESA Guidelines Increasing ISPs ISPs in Japan (end of 1997) TYPEI TYPEI TYPE TYPE IIS IIS TYPE TYPE IIG IIG % of all ISPs are the member of TELESA
6 TELESA Guidelines Increasing Internet Crimes distribution of of obscene graphic or or material fraud 1 7 copyright infringement drug traffic 4 other 1 total National Police Agency of Japan
7 TELESA Guidelines Increasing disputes and lawsuits Tokyo District Court May 26, 1997 sysop s liability online service provider s liability Forum Forum Forum sysop online service provider plaintiff defamatory word... defendant
8 TELESA Guidelines Trend of Self-regulation JUN JUN JUL JUL NOV NOV US US SUPREME COURT RULED THAT THAT TWO TWO PROVISIONS OF OF THE THE COMMUNICATIONS DECENCY ACT ACT OF OF ABRIDGES THE THE FREEDOM OF OF SPEECH PROTECTED BY BY THE THE FIRST FIRST AMENDMENT The The US US Framework for for Global Global Electronic Commerce represent to to encourage industry selfregulation, the the adoption of of content content rating rating self- systems, systems, and and the the development of of filtering filtering tools tools to to empower parents parents to to block block content content that that is is inappropriate for for children. EU EU Commission Communication on on the the follow-up to to the the Green Green paper paper on on the the protection of of minors minors and and human human dignity dignity in in audiovisual and and information services including a Proposal for for a Recommendation
9 TELESA Guidelines Art 1 Chapter 1: Purposes To protect Users by responding appropriately to various problems arising from providing telecommunications services Internet Connection Services etc. will make sound growth
10 TELESA Guidelines Art 1 Chapter 1: Four Principles 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 TELESA Guidelines Art 2 Scope of the Guidelines Information which hampers the sound growth of minors Nuisance communication Communication open to the public Disguising communication Harmful information other communication Illegal information
12 TELESA Guidelines Art 3 Chapter 2: Protection of Users Protecting Personal Data and Privacy secrecy of communication Telecommunication Service Act (1985) public sector The Act Protection of Personal Data Held by Government (1988) Personal Data, including sensitive information, such as medical history, criminal record, finantial status, legal domicile etc. private sector CallerID Service Tele-marketing Electronic Commerce
13 TELESA Guidelines Art 4-6 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 growth allows guardians to select information which they feel inappropriate for minors to enable users to install technological measures to select information they receive, such as rating and filtering software
14 TELESA Guidelines Art 7-8 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
15 TELESA Guidelines 9-11 Chapter 4: Contents of Mesasures by ISPs 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 TELESA Guidelines 12 Chapter 4:Contents of Measures by ISPs When ISPs takes measures mentioned in this Chapter, ISPs should take into considerations the following items Secrecy of Communication Take proportional measures Cooperation with other ISPs
17 TELESA Guidelines 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 TELESA Guidelines 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 TELESA Guidelines 20 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.
20 TELESA Guidelines Tasks to be performed To prepare help desk manual which carries collected cases to deal with various complaints concerning illegal or harmful information To draft a Model Agreement for Internet Connection Services To encourage members and other ISPs to comply with the Guidelines If you have any comments or suggestion, please send to sec@telesa.or.jp.
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