ICOP Working Paper Consumer Rights and Obligations

Internet Service Providers Association of Ireland (ISPAI) Code of Practice and Ethics 2002

4.6 Members must use best endeavours to ensure that they bring their respective Terms and Conditions to the attention of all new Customers.

InternetNZ Internet Code of Practice 1999

3.1 Full disclosure of all charges and terms of trade, and description of services, relevant to the service being offered prior to reaching agreement with customer. The information will be provided in such a format that a lay-person can easily understand the actual and ongoing costs which may be incurred. A customer who then agrees to use the service agrees to be bound to these terms.

Malta Internet Code of Practice

ISPs shall present themselves and their services honestly and shall not make false, misleading or exaggerated claims. They shall at all times make available to customers a clear, written statement of rates, description of service and conditions of contract.

3.1 ISPs shall at all times provide customers with sufficient information to enable them to make informed decisions;

3.2 Such information shall be clear, accurate, comprehensible, easily accessible and written in plain and intelligible language, avoiding use of technical terms wherever possible;

3.3 Information about terms and conditions of service shall be identified as such and clearly distinguished from advertising and marketing material;

An ISP shall provide customers with at least the following information:

(a) its services and all the relative charges applicable, indicating any tax or levy which may be applicable at the time;

(b) the full name, permanent address of the place of trade or business, contact telephone numbers and e-mail address of the ISP;

(c) the method of calculation of applicable charges;

(d) where a fee is due on a regular basis, the frequency of its falling due;

(e) the terms and conditions of Service;

instructions on connecting to, and making basic use of, the service;

(i) any other relevant information which may assist the customer in contacting the ISP.

Canadian Association of Internet Providers (CAIP) Fair Practice Guidelines

This Code contains a number of provisions for individual terms and conditions that must be disclosed to customers, and the standard of communication that can be used for their disclosure.

CAIP Code of Conduct 1996

This Code does not contain provisions relating to the terms and conditions of ISP's.

Singapore Media Development Authority Code of Practice 1996

This Code relates almost exclusively to acceptable forms of content on the Internet, and does not include provisions relating to the terms and conditions of ISP's.

Australian Internet Industry Association Code of Practice on Internet Content

This Code relates almost exclusively to acceptable forms of content on the Internet, and does not include provisions relating to the terms and conditions of ISP's.

Norway Code of Ethics for the Internet 2001

This Code does not include any provisions that relate specifically to terms and conditions.

New Zealand Bankers Association –Code of Banking Practice 2002

This Code includes numerous provisions for the terms and conditions of provision of banking services to customers.

The Electricity Consumer Code of Practice

This Code also includes detailed provisions relating to the minimum standards for terms and conditions of contracts between consumers and member companies.

Internet Service Providers Association –United Kingdom Code of Practice 2002

2.6 Customer Contracts

2.6.1 Members shall ensure that they bring their Terms and Conditions to the attention of all new Customers before such Customers register with a Member for Services.

2.6.2 Members must include in their contracts with Customers a provision requiring Customers to comply with the UK law in using any of the relevant Member's Services.

Internet Service Providers Association of Ireland (ISPAI) Code of Practice and Ethics 2002

This Code does not include any provisions that relate specifically to the level of the services provided.

InternetNZ Internet Code of Practice 1999

This Code does not include any provisions that relate specifically to the level of the services provided.

CAIP Fair Practice Guidelines

1.0 Each CAIP Member will institute and implement an Authorized Use Policy, and that Policy shall include instructions on how to contact an appropriate person within the organization when customers experience a problem.

2.0 At a minimum, CAIP Members will provide customer service in the following areas: (i) sales, (ii) technical, (iii) billing and (iv) complaints.

2.1 CAIP Members will clearly and accurately describe the methods that a consumer can use to contact them for service.

3.1 When a CAIP Member chooses to specify a service level for one of its products, that service level must be supported with appropriate warranties in its contract.

CAIP Code of Conduct 1996

This Code does not include any provisions that relate specifically to the level of the services provided.

Singapore Media Development Authority Code of Practice 1996

This Code does not include any provisions that relate specifically to the level of the services provided.

Australian Internet Industry Association Code of Practice on Internet Content

This Code does not include any provisions that relate specifically to the level of the services provided.

Norway Code of Ethics for the Internet 2001

This Code does not include any provisions that relate specifically to the level of the services provided.

Malta Internet Code of Practice

4. Standards of Service

ISPs shall publish and make available to customers a clear description of each service type offered together with the standards expected. They shall at all times maintain, and strive to improve, the stated levels of service.

4.1 ISPs shall ensure that their services meet any such minimum standards as may be established from time to time by law

4.2 ISPs shall give adequate notice to their customers of any planned interruptions of service, and at least one month’s notice to all customers prior to winding up of their operations.

4.3 ISPs shall maintain the following minimum standards of service:

consistent and reliable access to the service;

a help-line to deal with difficulties which customers may encounter when using their services, the availability of which should be clearly stated.

overall accessibility to the service by customers of at least 99.5% of the time over the duration of a calendar year excepting circumstances outside the ISPs’control or force majeure.

if service redirection has been contracted for, redirection of service facilities for a reasonable time and at reasonable cost to customers changing to another ISP.

4.4 ISPs shall not discriminate unduly between persons or classes of persons in the provision of their services or any related matters and shall provide equal access to all customers.

4.5 ISPs shall not arbitrarily refuse or discontinue a service to customers unless authorised to do so by law, or where a customer is in breach of the law or the contract of service. Authorised refusal or discontinuance of a service shall be done in a fair and proportionate manner.

Internet Service Providers Association –United Kingdom Code of Practice 2002

This Code does not include any provisions that relate specifically to the level of the services provided.

The Electricity Consumer Code of Practice

C8. SERVICES PROVIDED

C8.1 The Consumer Contract must describe the services provided to the Consumer. This includes any quality standards that the Consumer should expect from the Company in providing these services.

C8.2 A Consumer Contract must set out how the Company will respond to the Consumer where quality of service standards are not met, including any compensation that would be paid to the Consumer if the Company does not meet its obligations.

C8.3 The quality of service standards must:

•Comply with the Electricity Act 1992 and the technical regulations and technical electrical codes of practice;

•Be no less than good industry practice prevailing in New Zealand; and

•Require that equipment used in the provision of line function services will be monitored and maintained in line with good industry practice prevailing in New Zealand.

InternetNZ Internet Code of Practice 1999

1.2 All signatories of the Internet Code of Practice will:

Include in each of its agreements with customers and users a provision strongly recommending that their customers and users within New Zealand comply with the Code;

Include in an obvious location, a statement of support by the ISP of the Code of Practice and immediately adjacent a direction to the Code of Practice document;

Provide a link to the Internet Code of Practice Home Page which provides information to the client about their rights under the Code.

3.1  ISP'S WHO ARE SIGNATORIES OF THE INTERNET CODE OF PRACTICE WILL MAKE AVAILABLE TO EACH CUSTOMER:

A Copy of the Internet Code of Practice upon request.

Internet Service Providers Association of Ireland (ISPAI) –Code of Practice and Ethics 2002

4.5 Members must use best endeavours to bring to the attention of Customers the existence of the Code and the Complaints Procedure pursuant to the provisions of the Code.

5.5 Members must include on their web-sites the ISPAI logo with a link to the ISPAI web-site.

Malta Internet Code of Practice

12. Obligation to Inform Customers about Adherence to Code

12.1 ISPs shall ensure that customers are informed of their adherence to the Code and will as a matter of course provide such information with any Internet service agreement made with a customer.

12.2 ISPs shall ensure that the Code is easily accessible to customers at all times. In this regard the ISP shall include a prominent link to the terms of this Code on the ISP's homepage.

CAIP Fair Practice Guidelines

This Code has no provisions relating to requirements for ISP's to make the Code available.

CAIP Code of Conduct 1996

This Code has no provisions relating to requirements for ISP's to make the Code available.

Singapore Media Development Authority Code of Practice 1996

This Code has no provisions relating to requirements for ISP's to make the Code available.

Australian Internet Industry Association Code of Practice on Internet Content

This Code has no provisions relating to requirements for ISP's to make the Code available.

Norway Code of Ethics for the Internet 2001

This Code has no provisions relating to requirements for ISP's to make the Code available.

Internet Service Providers Association –United Kingdom Code of Practice 2002

2.5.2 Members must, upon request, use reasonable means to bring to the attention of their Customers the existence of the Code and must notify any Customer of the Complaints Procedure, where that procedure is available to the Customer.

7.8 Members should include on their web-sites the ISPA logo, with a link to the ISPA web-site.

New Zealand Bankers Association –Code of Banking Practice 2002

1.1 (h) Copies of this Code are available at all bank branches and on request from us. They are also available from the New Zealand Bankers’Association.

InternetNZ Internet Code of Practice 1999

3.1  ISP'S WHO ARE SIGNATORIES OF THE INTERNET CODE OF PRACTICE WILL MAKE AVAILABLE TO EACH CUSTOMER:

Redirection of service facilities for a reasonable time and at reasonable cost to clients who change to another ISP.

Internet Service Providers Association of Ireland (ISPAI) –Code of Practice and Ethics 2002

4.4 Members must act fairly and reasonably in their dealings with Customers, other businesses and each other.

CAIP Fair Practice Guidelines

This Code has no provisions relating to changing service providers.

CAIP Code of Conduct 1996

This Code has no provisions relating to changing service providers.

Singapore Media Development Authority Code of Practice 1996

This Code has no provisions relating to changing service providers.

Australian Internet Industry Association Code of Practice on Internet Content

This Code has no provisions relating to changing service providers.

Norway Code of Ethics for the Internet 2001

This Code has no provisions relating to changing service providers.

Malta Internet Code of Practice

(d) if service redirection has been contracted for, redirection of service facilities for a reasonable time and at reasonable cost to customers changing to another ISP.

Internet Service Providers Association –United Kingdom Code of Practice 2002

This Code has no provisions relating to changing service providers.

New Zealand Bankers Association –Code of Banking Practice 2002

(c) Moving or Suspending Accounts

(i) If you wish to move your account to another bank or another party requests us to do so on your behalf, we will co-operate in a timely manner with the request, subject to any legal constraints.

InternetNZ Internet Code of Practice 1999

2.1 SIGNATORIES OF THE INTERNET CODE OF PRACTICE WILL:

Take all practicable measures to protect the confidentiality of customers’information.

Internet Service Providers Association of Ireland (ISPAI) –Code of Practice and Ethics 2002

9.1 Members shall comply with the Data Protection Act, 1988.

9.2 Members should have a privacy statement on their main website.

Malta Internet Code of Practice

8. Respect of Confidentiality

ISPs shall preserve the confidentiality of the proprietary information and communications of their customers and prohibit the improper access to and/or use of such information and communications.

8.1 ISPs shall respect the confidentiality of their customers and refrain from disclosing any proprietary information without the customer’s prior consent.

8.2 ISPs shall comply at all times with data protection legislation.

8.3 ISPs shall prohibit the improper access to and/or usage of the abovementioned information and communications.

8.4 ISPs shall equip themselves in such manner as to reasonably ensure the confidentiality of the information relative to their customers and their communications.

CAIP Fair Practice Guidelines

This Code has no provisions relating to privacy, but does require that ISP's take appropriate measures to protect the security of their networks.

CAIP Code of Conduct 1996

4. Privacy is of fundamental importance to CAIP members who will respect and protect the privacy of their users. Private information will be disclosed to law enforcement authorities only as required by law.

Commentary:
4.1 CAIP members should establish internal procedures to protect personal privacy regardless of the form in which such information is stored, and taking into account the relative sensitivity of each type of information.

Singapore Media Development Authority Code of Practice 1996

This Code has no provisions relating to privacy.

Australian Internet Industry Association Code of Practice on Internet Content

This Code has no provisions relating to privacy.

Norway Code of Ethics for the Internet 2001

4.6 The host, information transporter and access provider shall as a general rule observe confidentiality in regard to parties who communicate via the Internet.

Internet Service Providers Association –United Kingdom Code of Practice 2002

4. Data Protection and Privacy

4.1 Members shall comply with UK legislation relating to data protection.

4.2 When registering with the Data Protection Registry, all Members must in their application state that the data may be used for regulatory purposes and that ISPA is a potential user of that information.

4.3 Where Services involve the collection of personal information, such as names and addresses, from individuals (Data Subjects), Members must make it clear to Data Subjects the purpose for which such information will be used. Members must also identify the data user (if different from the Member or Data Subject) and give the Data Subject the opportunity to object to such usage.

InternetNZ Internet Code of Practice 1999

4.1 CUSTOMER EDUCATION

Where ISP's are dealing with non-commercial customers or users:

ISPs have a responsibility to inform parents and other responsible people of options and precautionary steps they can take to ensure that vulnerable groups are protected and to monitor usage.

All signatories of the Internet Code of Practice will make available a URL link to material which is of use in educating the Internet user and guardian, including software and directions for purchasing such to help protect minors from accessing objectionable material over the Internet.

Internet Service Providers Association of Ireland (ISPAI) –Code of Practice and Ethics 2002

2.1 End-User Empowerment: ISPAI encourages the emergence of enabling technologies that give the customer and parent or guardian choice on the content matter they receive (with the proviso that those technologies are non-proprietary and that the burden of cost does not fall directly on the access provider).

5.2 Members must provide information to Customers about the availability of software tools which may assist them in filtering content which Customers deem unsuitable.

5.3 Members must follow best industry practice in offering filtering software or filtering services to a Customer.

6.2 Members will provide information to Customers regarding any software tools which they can use to protect their privacy.

The ISPAI Code also provides for a hotline that customers can call to inform the managing body of illegal content on the Internet.

Malta Internet Code of Practice

ISPs shall inform customers about safeguards against harmful content.

11.1 ISPs shall publish information about how customers may take adequate precautions to protect themselves from computer misuse and illegal and harmful content on the Internet.

11.2 ISPs shall publish adequate warnings to customers on virus attacks and threats of a similar nature of which they are sufficiently aware.

11.3 ISPs shall take such reasonable steps as are necessary to provide customers with information regarding supervision and control of minors’access to Internet content, and the procedures which customers may implement to control this

11.4 The onus for implementing any such safeguards rests solely with the customer .

CAIP Fair Practice Guidelines

1 . 0 CAIP Members will make available information about the risks associated with Internet usage and about ways for customers to address these risks.

CAIP Code of Conduct 1996

This Code has no requirements for ISP's to provide their customers with assistance to help protect themselves and their computers.

Singapore Media Development Authority Code of Practice 1996

This Code has no requirements for ISP's to provide their customers with assistance to help protect themselves and their computers.

Australian Internet Industry Association Code of Practice on Internet Content

5.3 ISPs will take reasonable steps to provide users with information about:

supervising and controlling children's access to Internet content;

procedures which parents can implement to control children's access to Internet content, including the availability, use and appropriate application of Internet Content filtering software, labelling systems and filtered Internet carriage services.

5.4 For the purposes of clauses 5.2 and 5.3 ISPs shall be deemed to have fulfilled these requirements where they direct users, by means of a link on their Home Page or otherwise, to resources made available for the purpose from time to time by the IIA, the ABA, NetAlert or other organisation approved by the IIA.

ISP's must also provide a filtering service for customers, unless the limited range of exceptions is met.

Norway Code of Ethics for the Internet 2001

This Code has no requirements for ISP's to provide their customers with assistance to help protect themselves and their computers.

Internet Service Providers Association –United Kingdom Code of Practice 2002

7.2 Members should provide information to Customers about the availability of tools which may assist them in filtering content which Customers deem unsuitable ("Filtering Software").

7.3 Members should follow best industry practice in offering Customers Filtering Software.

7.6 Members should advise Customers regarding any software tools which they can use to protect their privacy.

7.7 Members should follow the best industry practice in using Spamming Software, such that Customers can elect to minimise the amount of Spam sent to their e-mail account.

InternetNZ Internet Code of Practice 1999

4.2 Dispute Resolution

Each member of the Internet Code of Practice will comply with the following dispute resolution procedures:

When a dispute arises between the Industry Member and its customer, the complainant shall be asked to set out in writing the nature of the dispute;

Both parties will make every effort to resolve the dispute by negotiations;

If the parties are unable to reach a resolution of the dispute, either party may, by notice in writing, advise the other party that it seeks to have the dispute resolved by mediation or arbitration. If either party nominates arbitration rather than mediation before a mediator is appointed, the matter shall be arbitrated.

If the parties cannot agree on an independent arbitrator they may refer the matter to the Internet Code of Practice Complaints Board (See Appendix C)

Internet Service Providers Association of Ireland (ISPAI) : Code of Practice and Ethics 2002

There are no consumer-ISP dispute resolution procedures in the Code.

Malta Internet Code of Practice

10. Dispute Resolution

ISPs shall strive to broaden the public understanding and enhance public confidence in the Members shall strive to broaden the public understanding and enhance public regard and confidence in the Internet Industry. Members shall endeavour to address any complaint and bring it to a fair and satisfactory resolution.

10.1 Members shall establish fair and effective internal procedures to address customer complaints. Customer complaints shall be addressed:

Within a reasonable time;

In a reasonable manner;

Without prejudice to the customer’s right to resort to legal remedies.

10.2 Members shall provide customers with the procedural details of how to submit complaints and the time period within which the ISP shall respond.

10.3 Members shall endeavour to address any complaint to a fair and satisfactory resolution.

10.4 Complaints which are not amicably settled between the member and the customer may be lodged in writing to the Chairman, ISPSS, for resolution, subject to both parties being in agreement with the adoption of this course of action.

10.5 Upon receipt of a complaint the Chairman of the ISPSS shall attempt to broker a solution on an informal basis.

CAIP Fair Practice Guidelines

2.0 At a minimum, CAIP Members will provide customer service in the following areas: (i) sales, (ii) technical, (iii) billing and (iv) complaints.

2.4 CAIP Members will establish procedures for responding to customer inquiries and complaints.

1.0 CAIP Members will ensure that their customers can find the contact information that they need when they want to make a complaint about content or conduct on the Internet.

2.0 CAIP Members will have procedures in place for handling complaints with respect to content or conduct.

Commentary: A procedure for handling this type of complaint will be very similar to the ISP's procedure for handling complaints with respect to other types of content, but there will be at least one or two additional complications. Law enforcement officials will be involved. The identity of the user behind the behaviour or the content will likely be much more of an issue, so privacy issues will come into play, as well. In the instance of a crime that may be committed, time will be of the essence.

The Code also includes provisions for disputes that are not resolved to go before the Executive Committee responsible for administering the Code.

CAIP Code of Conduct 1996

The Code makes provision for ISP's to take action against customers who breach the Code, but requires notification and an opportunity for their response. However, there is no full, generally applicable, dispute resolution process.

Singapore Media Development Authority Code of Practice 1996

There are no consumer-ISP dispute resolution procedures in the Code.

Australian Internet Industry Association Code of Practice on Internet Content

The Code requires ISP's to have complaints procedures for matters such as unsolicited mail. There is also a body that handles complaints related to Internet content. However, the complaints provisions do

Norway Code of Ethics for the Internet 2001

The Code creates a Council that handles complaints relating to breaches of the Code, but there are no provisions requiring ISP's to have complaints procedures.

Internet Service Providers Association : United Kingdom Code of Practice 2002

2.5.2 Members must, upon request, use reasonable means to bring to the attention of their Customers the existence of the Code and must notify any Customer of the Complaints Procedure, where that procedure is available to the Customer.