[WSIS CS-Plenary] Discussion on the Declaration on Freedom of Communications on the Internet

[veni markovski]

Dear all,
I strongly recommend that we start a discussion about the Declaration of 
the Council of Europe (all 45 countries, including Russia!) on Internet 
communications, accepted May 28th. It will roadmark the way we use Internet 
in Europe, and is of vital importance for the fragile democracies.
Here it is on the site of the COE.INT:
http://www.coe.int/T/E/Communication%5Fand%5FResearch/Press/News/2003/20030528_declaration.asp

(I've skipped the preambule):

Principle 1: Content rules for the Internet
Member states should not subject content on the Internet to restrictions 
which go further than those applied to other means of content delivery.

Principle 2: Self-regulation or co-regulation
Member states should encourage self-regulation or co-regulation regarding 
content disseminated on the Internet.

Principle 3: Absence of prior state control
Public authorities should not, through general blocking or filtering 
measures, deny access by the public to information and other communication 
on the Internet, regardless of frontiers. This does not prevent the 
installation of filters for the protection of minors, in particular in 
places accessible to them, such as schools or libraries.
Provided that the safeguards of Article 10, paragraph 2, of the Convention 
for the Protection of Human Rights and Fundamental Freedoms are respected, 
measures may be taken to enforce the removal of clearly identifiable 
Internet content or, alternatively, the blockage of access to it, if the 
competent national authorities have taken a provisional or final decision 
on its illegality.

Principle 4: Removal of barriers to the participation of individuals in the 
information society
Member states should foster and encourage access for all to Internet 
communication and information services on a non-discriminatory basis at an 
affordable price. Furthermore, the active participation of the public, for 
example by setting up and running individual websites, should not be 
subject to any licensing or other requirements having a similar effect.

Principle 5: Freedom to provide services via the Internet
The provision of services via the Internet should not be made subject to 
specific authorisation schemes on the sole grounds of the means of 
transmission used.
Member states should seek measures to promote a pluralistic offer of 
services via the Internet which caters to the different needs of users and 
social groups. Service providers should be allowed to operate in a 
regulatory framework which guarantees them non-discriminatory access to 
national and international telecommunication networks.

Principle 6: Limited liability of service providers for Internet content
Member states should not impose on service providers a general obligation 
to monitor content on the Internet to which they give access, that they 
transmit or store, nor that of actively seeking facts or circumstances 
indicating illegal activity.
Member states should ensure that service providers are not held liable for 
content on the Internet when their function is limited, as defined by 
national law, to transmitting information or providing access to the Internet.
In cases where the functions of service providers are wider and they store 
content emanating from other parties, member states may hold them 
co-responsible if they do not act expeditiously to remove or disable access 
to information or services as soon as they become aware, as defined by 
national law, of their illegal nature or, in the event of a claim for 
damages, of facts or circumstances revealing the illegality of the activity 
or information.
When defining under national law the obligations of service providers as 
set out in the previous paragraph, due care must be taken to respect the 
freedom of expression of those who made the information available in the 
first place, as well as the corresponding right of users to the information.
In all cases, the above-mentioned limitations of liability should not 
affect the possibility of issuing injunctions where service providers are 
required to terminate or prevent, to the extent possible, an infringement 
of the law.

Principle 7: Anonymity
In order to ensure protection against online surveillance and to enhance 
the free expression of information and ideas, member states should respect 
the will of users of the Internet not to disclose their identity. This does 
not prevent member states from taking measures and co-operating in order to 
trace those responsible for criminal acts, in accordance with national law, 
the Convention for the Protection of Human Rights and Fundamental Freedoms 
and other international agreements in the fields of justice and the police.