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ICOP Working Paper ISP Rights and Obligations

Terms and Conditions | Access to the Internet Code of Practice | Services Provided | Changing Service Providers | Privacy | Staff | Acceptable Use Policies | Responsibilities to Consumers with Infected Computers | Adult Content | Offensive or Illegal Content on the Internet | Interactions with other ISP's | Other Obligations |

The rights and obligations of ISP's will often reflect their interactions with customers. However, they will also have a number of special obligations, such as handling offensive or illegal content on the Internet, and dealing with other ISP's.

Terms and Conditions

The obligations of ISP's in relation to terms and conditions should balance the rights of customers discussed in their section. This would include providing information on issues such as disclosure of charges, the nature of the services provided, and the extent of support services. The terms and conditions should also be consistent with all applicable consumer protection laws.

Applicable New Zealand Legislation

Applicable legislation will include the Fair Trading Act and the Consumer Guarantees Act.

Content of other Codes

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.

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

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

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.

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.

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.

 

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Access to the Internet Code of Practice

ISP's that are signatories to the Internet Code of Practice shall provide their customers with easy access to a copy of the code. This may be accomplished by links on the website or in the ISP's terms and conditions. The membership of the Internet Code of Practice should be also easily discernable on the ISP's website, and well-publicised to customers.

Applicable New Zealand Legislation

There is no applicable legislation.

Content of other Codes

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:

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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.

 

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Services Provided

The service provided should not be subject to unreasonable interruptions or failures. Where problems occur, there should be appropriate methods for the consumer to contact the ISP, and the problem should be resolved within a reasonable time.

Applicable New Zealand Legislation

Applicable legislation will include the Fair Trading Act and the Consumer Guarantees Act.

Content of other Codes

InternetNZ Internet Code of Practice 1999

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

ISPAI : Code of Practice and Ethics 2002

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.

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.

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.

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Changing Service Providers

Customers should be able to change service providers without undue difficulty. Redirection of email or other services should be provided for a reasonable time and at a reasonable cost.

Applicable New Zealand Legislation

Applicable legislation may include consumer protection legislation such as the Fair Trading Act and the Consumer Guarantees Act, and will also include the Commerce Act.

Content of other Codes

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.

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.

Malta Internet Code of Practice

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(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.

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.

Internet Service Providers Association : United Kingdom Code of Practice 2002

This Code has no provisions relating to changing service providers.

 

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Privacy

New Zealand has strong privacy protection imposed by legislation. ISP's must comply with the Privacy Act 1993, and the twelve privacy principles contained in section 6 of the Act. The Telecommunications Information Privacy Code 2003 created under the Act applies specifically to those ISP's that provide access to the Internet.

ISP's should take reasonable measures to protect customer information from unauthorised access or theft. It may also be appropriate to include a general requirement of confidentiality in the Internet Code of Practice.

Applicable New Zealand Legislation

The Telecommunications Information Privacy Code 2003 applies to those ISP's that provide access to the Internet, while the Privacy Act 1993 will apply to the rest of the Internet industry.

Content of other Codes

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.

 

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Staff /p>

Staff at ISP's should be appropriately trained on providing services and appropriate assistance to customers. ISP's should have staff able to provide technical assistance, to deal with complaints, and to provide assistance with normal account issues.

Staff at member ISP's must be aware of the Internet Code of Practice, and trained on how to comply with it and provide information about it to customers. There should also be a designated contact for communicating with the Code of Practice executive body.

Applicable New Zealand Legislation

Staff should be trained to comply with all relevant legislation.

Content of other Codes

InternetNZ Internet Code of Practice 1999

1.3 Signatories of the Internet Code of Practice must require their employees and agents to operate within the guidelines of the Code.

ISPAI : Code of Practice and Ethics 2002

There are no provisions in the Code relating to the staff of an ISP.

Malta Internet Code of Practice

6.1 ISPs shall at all times ensure that their employees have a reasonable knowledge and understanding of, and comply with, the legislation applicable to ISPs as well as with this Code.

CAIP Fair Practice Guidelines

2.3 CAIP Members will ensure that their representatives who deal with customers are trained in the area or areas for which they are responsible: sales, technical, billing and complaints. This responsibility exists even when all or part of their customer support functions are outsourced.

CAIP Code of Conduct 1996

There are no provisions in the Code relating to the staff of an ISP.

Singapore Media Development Authority Code of Practice 1996

There are no provisions in the Code relating to the staff of an ISP.

Australian Internet Industry Association Code of Practice on Internet Content

There are no provisions in the Code relating to the staff of an ISP.

Norway Code of Ethics for the Internet 2001

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There are no provisions in the Code relating to the staff of an ISP.

Internet Service Providers Association : United Kingdom Code of Practice 2002

2.1 Members must use reasonable efforts to communicate the existence of ISPA Membership within the Member company.

8.1 Each Member shall notify ISPA of a single point of Contact ("Contact") for the Member authorised to deal with ISPA complaints.  The Contact shall be familiar with the ISPA Complaints procedure.

Direct Selling Association of New Zealand Code of Practice

25. Staff Training

All parties to the Code shall ensure that their staff, representatives, agents, salespeople or independent contractors are aware of the Code and their obligations under it.

 

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Acceptable Use Policies

Acceptable use policies provide a very important method for ISP's to inform customers of acceptable forms of behaviour, and to enforce those standards. They should reflect requirements of law and the Internet Code of Practice. Provisions should address unsolicited mail (spam), offensive and adult content, defamation, and copyright. Where ISP's provide hosting services, it may be appropriate to require consumers to publicise certain information, such as their identity and whether sites contain adult material, or are moderated or censored.

Acceptable use policies should allow ISP's to take action over breaches of the policies. Where services are on sold by a second ISP, it may be appropriate to require the second-tier ISP to include similar policies in their contracts with the end users, and to allow the primary ISP to act against the end user when they breach the law or the Internet Code of Practice.

Applicable New Zealand Legislation

The acceptable use policies should not infringe rights that are protected by the New Zealand Bill of Rights or the Human Rights Act.

Content of other Codes

InternetNZ Internet Code of Practice 1999

There are no provisions related to AUP' s in this Code.

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

5.1 Each Member must have an Acceptable Use Policy and require Customers to adhere to it.

5.1.1 Members must include in their Acceptable Use Policy clauses which provide that a Customer may not use the Member' s Services to create, host or transmit any unlawful, libellous, abusive, offensive, vulgar or obscene material or engage in activities deliberately calculated to cause unreasonable offence to others.

5.1.2 Members must include in their Acceptable Use Policy clauses which deal with Third Part Content, which whilst not necessarily Illegal, is none-the-less considered inappropriate and deliberately calculated to cause unreasonable anxiety inconvenience or stress to others.

5.1.3 Members must include in their Acceptable Use Policy a clause providing that the Member may from time to time receive notices from www.hotline.ie requesting the removal of specified material from web-sites or newsgroups being hosted by Members and providing that it is technically practical to do so Members must comply with such notices within a reasonable time.

Malta Internet Code of Practice

7. Acceptable Use Policy

ISPs shall publish and adhere to an Acceptable Use Policy, which shall, in all cases be a condition of sale.

7.1 The Acceptable Use Policy is to include, as a minimum:

Information to customers about their legal obligations and liabilities in making use of the services provided by the ISP;

Information to customers about the responsibilities of the ISP in ensuring that customers adhere to their legal obligations;

A statement of the remedial measures required to be taken by the ISP in respect of defaulting customers;

A description of practices which are abusive and therefore prohibited;

The limits of liability of the ISP in the provision of such information as may be contained in the Acceptable Use Policy.

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.

Commentary: Setting an Authorized Use Policy is part of defining the relationship that an ISP will have with its customers and contributes to how an ISP will interact with its peers and the community.

1.1 Each CAIP Member will make its Authorized Use Policy available to its customers and the public.

1.2 Each CAIP Member' s Authorized Use Policy will be a living document, enforced, reviewed and updated on a regular basis.

CAIP Code of Conduct 1996

There are no provisions related to AUP' s in this Code.

Singapore Media Development Authority Code of Practice 1996

There are no provisions related to AUP' s in this Code.

Australian Internet Industry Association Code of Practice on Internet Content

Acceptable Use Policies are mentioned in the Code as a possible means of informing sub-ISP's or customers of their rights and responsibilities.

Norway Code of Ethics for the Internet 2001

There are no provisions related to AUP' s in this Code.

Internet Service Providers Association : United Kingdom Code of Practice 2002

7.10 Members should develop an Acceptable Use Policy and require their Customers to adhere to it.

 

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Responsibilities to Consumers with Infected Computers

An increasing problem on the Internet is the infection of users' computers with hostile computer programs that allow other users on the Internet to control the ‘zombie' computer. This can allow the unauthorised party to use the computer to send spam and viruses, to launch denial of service attacks on other computer systems, or for identity and information theft. These compromised computers are a major source of spam, and a major transmitter of viruses, worms, and hostile programs.

Broadband users with download limits may also find that they can incur large fees from the internet-related activity of their infected computer systems. This has led to the problem of ‘bill-shock' , where users find they are liable for many times their standard monthly bill.

Providing information on computer security as discussed above is an important preventative measure. However, there are still likely to be many computers affected. Users may not be knowledgeable or experienced enough to quickly notice that their computers have infected.

Internet access providers are often in the best position to identify computers that are sending excessively large amounts of emails and data on the internet. They can also identify situations where users have exceeded their broadband download limits, and are incurring large fees. ISP's should have processes in place to communicate with customers when it appears possible that their computers are being used as ‘zombie' spammers. This could include limiting the speed of their broadband connections when they have breached their download limits, or terminating the broadband connection if the customer does not confirm that they are intentionally. Provisions to allow this action should be included in the terms and conditions of their contracts, or in their acceptable use policies.

Applicable New Zealand Legislation

Unauthorised access of another party' s computer system may breach New Zealand criminal law. However, it is questionable whether there are any legal requirement for ISP's to act in relation to infected computers of their customers.

Content of other Codes

Internet Industry Association Draft Spam Code of Practice (Australia 2004)

7.3 ISPs must provide, in their AUP, a clause that allows for immediate account disconnection or suspension when the ISP becomes aware of inbound connections to any service they host that allows email forwarding on behalf of third parties, regardless of whether the open service is provided intentionally, through misconfiguration, or by other means not authorised by that third party including but not limited to through a Trojan horse or virus.

Other Codes

There were no similar provisions in the other codes reviewed.

 

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Adult Content

Where ISP's host legal adult content, they should include warnings of the content and age restrictions before the site is entered.

Where other parties can post to the site, there should be information on what type of content is acceptable, and the host should have specific obligations such as removing unacceptable content when aware that it has been posted. It may be appropriate for the host to monitor the site to ensure that it does not contain illegal content.

Applicable New Zealand Legislation

Content must abide by New Zealand law, in particular the New Zealand Films, Videos and Publication Classifications Act.

Content of other Codes

InternetNZ Internet Code of Practice 1999

3.5 COMMERCIAL AND PUBLIC SITES

3.5.1 Commercial and public sites who are signatories of the Internet Code of Practice will ensure that the client is informed:

Whether the commercial or public site takes responsibility for content as publisher or whether the service it provides is merely as a carrier of the client' s content;

Commercial and Public Sites who are signatories of the Internet Code of Practice will work towards and support the adoption of a system of content recognition, related to educational/children' s services and the use of tags in advertising or directories as suitable for children.

Of Code of Practice requirements when hosting content on the client's behalf.

3.5.2 Commercial and public sites that are signatories of the Internet Code of Practice will ensure that adult services hosted are:

Classified in accordance with a commonly used classification system such that users may reasonably be able to exclude unwanted material. (One system known as PICS is described in Appendix A); AND

Content will be accompanied by suitable on-screen warnings on the home or title page; AND/OR

Managed by subscription enrolments to exclude under-age subscribers.

3.5.3 Commercial and public sites who are signatories of the Internet Code of Practice will work towards and support the adoption of a system of content identification related to adult services.

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

The Code has no provisions specifically related to acceptable means of hosting adult content on the Internet.

Malta Internet Code of Practice

The Code has no provisions specifically related to acceptable means of hosting adult content on the Internet.

CAIP Fair Practice Guidelines

The Code has no provisions specifically related to acceptable means of hosting adult content on the Internet.

CAIP Code of Conduct 1996

The Code has no provisions specifically related to acceptable means of hosting adult content on the Internet.

Singapore Media Development Authority Code of Practice 1996

The Code has no provisions specifically related to acceptable means of hosting adult content on the Internet.

Australian Internet Industry Association Code of Practice on Internet Content

The Code has a number of measures for preventing prohibited content, and for ensuring account holders are over 18. It also have provisions for labelling of content.

Norway Code of Ethics for the Internet 2001

The Code has no provisions specifically related to acceptable means of hosting adult content on the Internet.

Internet Service Providers Association : United Kingdom Code of Practice 2002

2.2 Legality

Members shall use their reasonable endeavours to ensure the following:

2.2.1 Services (excluding Third Party Content) and Promotional Material do not contain anything which is in breach of UK law, nor omit anything which UK law requires.

2.2.2 Members, their Services (excluding Third Party Content) and Promotional Material do not encourage anything which is in any way unlawful.

 

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Offensive or Illegal Content on the Internet

ISP's should offer filtering services which can block sites known to contain offensive or illegal content. This may be an option for consumers to accept or reject at their discretion.

Lists of blocked sites may be maintained in conjunction with government departments that monitor offensive or illegal content, and with organisations that promote safe use of the Internet, such as the Internet Safety Group.

ISP's that provide services directly to consumers should offer information on ways that the consumers can restrict access to adult or illegal content. This may include information on software that the consumers can acquire from the ISP or from third parties. Customers should also be informed on how to complain about content they find on the Internet that they believe is offensive or illegal.

Where ISP's provide services that they know will then be on-sold to other users, it may be appropriate for the contracts to include terms requiring that the sub-providers comply with New Zealand laws on offensive or adult content.

Applicable New Zealand Legislation

There is no legal requirement for ISP's to provide filtering or blocking services, or to assist consumers to restrict their own access.

Content of other Codes

InternetNZ Internet Code of Practice 1999

4.1Where 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 /p>

4.1 Members must use best endeavours to ensure that Services (excluding Third Party Content) and Promotional Material do not contain anything which is Illegal and is not of a kind likely to mislead by inaccuracy, ambiguity, exaggeration, omission or otherwise.

4.2 Members must use best endeavours to ensure that Services (excluding Third Party Content) and Promotional Material are not used to promote or facilitate any practices which are contrary to Irish law.

5.1.1 Members must include in their Acceptable Use Policy clauses which provide that a Customer may not use the Member' s Services to create, host or transmit any unlawful, libellous, abusive, offensive, vulgar or obscene material or engage in activities deliberately calculated to cause unreasonable offence to others.

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.

4.0 CAIP Members will not knowingly host illegal content or condone illegal conduct, and they will take action when notified about either.

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.

3.0 CAIP Members will advise customers with questions regarding the legality of specified content or conduct to obtain independent legal advice.

4.0 CAIP Members will cooperate where possible with government officials, international organizations and law enforcement authorities.

CAIP Code of Conduct 1996

3. CAIP members are committed to public education about Internet issues and technology.

Commentary:
3.1 Many current proposals for assigning liability for content and Network abuse do not correlate to the actual design and function of various Internet services. CAIP believes that a better understanding of the technology will help all Canadians understand the options available to all stakeholders (including the broad range of users, technology suppliers and policy makers).

 

6. Although Internet providers are unable to monitor all content, CAIP members will make a reasonable effort to investigate legitimate complaints about alleged illegal content or network abuse, and will take appropriate action.

Commentary:
6.1 Due to the impracticality of surveying content on the World Wide Web and Usenet sites, CAIP has elected to deal with content and abuse issues on the basis of a complaint-driven process.

6.2 Information about the procedures to receive and respond to complaints or inquiries established by each CAIP member, shall be made available to users. However, what constitutes appropriate action will vary depending upon the results of the investigation in 7.0 (below), and on what role the CAIP member has played in the transaction or activity at issue.

Singapore Media Development Authority Code of Practice 1996

The Code includes a number of provisions on prohibited content. However, it focuses on blocking or preventing the hosting of the content, and does not include any provisions on educating consumers to help them restrict access to adult material.

Australian Internet Industry Association Code of Practice on Internet Content

5.2 In respect of those of their subscribers who are Content Providers ISPs will:

encourage them to use appropriate labelling systems, in respect of Content which is likely to be considered unsuitable for children according to the National Classification Code, though not Prohibited or Potential Prohibited content; and

inform them of their legal responsibilities, as they may exist under the Act or complementary State or Territory legislation in relation to Content which they intend to provide to the public via the Internet from within Australia.

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.

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.

5.5 ISPs must take reasonable steps to inform their subscribers:

that placing content on the Internet may entail legal responsibilities under applicable State, Territory or Commonwealth law;

about their right to make complaints to the ABA about Prohibited Content or Potential Prohibited Content; and

about the procedures by which such complaints to the ABA can be made.

5.6 For the purposes of clause 5.5, ISPs shall be deemed to have taken reasonable steps where they have included, on their Home Page or prominent Web Page:

p> information stipulated in paragraphs 5.5 (a), (b) and (c); or

a link to a Web Page containing that information and approved for that purpose by the IIA.

 

ISP's must provide a filtering service for customers, unless the limited range of exceptions is met. They must also take action where they are informed of prohibited content hosted on its network.

Norway Code of Ethics for the Internet 2001

4.9 If the publisher's conduct on the Internet involves manifest and gross breaches of the law, the access provider and the host have the right to terminate the service. If possible the publisher shall be notified before termination is effected.

Internet Service Providers Association : United Kingdom Code of Practice 2002

5. Internet Watch Foundation

5.1 ISPA co-operates with the IWF in its efforts to remove illegal material from Internet web-sites and newsgroups. Members are therefore required to adhere to the IWF procedure, as follows.

5.2 Members must provide ISPA with a point of contact to receive notices from the IWF.

5.3 Members agree that where the IWF has notified them that Internet sites and Usenet news groups contain material which the IWF considers to be illegal child pornography, members will remove such materials, where ever it is technically possible to do so. Whilst Members are not obliged to verify IWF notices, in the event that there appears to any Member to be an error in IWF's classification of materials, Members agree to notify the IWF of the exception within one working day and to take down the material for at least two working days to allow the decision to be reviewed.  For the avoidance of doubt, this subclause refers only to notices listing specific web pages and Usenet articles;

5.4 Where requested by the IWF (on behalf of a legitimate law enforcement authority), and where technically able to do so, Members must retain copies of removed material for a reasonable period of time.

5.5 Members should take careful consideration of all other IWF notices and recommendations.

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.

 

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Interactions with other ISP's

Signatories to the Internet Code of Practice should cooperate over problems such as hacking, unsolicited mail, and hijacked computers in recognition of the fact that these issues create problems for the entire Internet industry.

Applicable New Zealand Legislation

There is no applicable legislation.

Content of other Codes

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Malta Internet Code of Practice

InternetNZ Internet Code of Practice 1999

3.2 INTERCONNECTION

In acknowledgement of the co-operative nature of the Internet, all members of the Internet Code of Practice who provide Internet Access services agree to the principal of unrestricted and open interconnection between members.

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.

 

6.4 Members will use best endeavours to co-operate with each other in investigating and defending instances of Hacking.

There are no provisions in the Code for cooperation of ISP's.

CAIP Fair Practice Guidelines

5.0 CAIP Members will treat their peers with courtesy and act in good faith when dealing with them.

Commentary: The industry is as interconnected as the Internet, and consequently, depends on a certain amount of co-operation. Additionally, there are many issues where it is and will be necessary to work together as an industry. A certain amount of trust and respect is necessary.

5.1 CAIP Members will participate in industry activities and assist in establishing and maintaining the integrity of the industry.

CAIP Code of Conduct 1996

5. CAIP members will not knowingly host illegal content. CAIP members will share information about illegal content for this purpose.

Commentary:
5.1 The Internet is designed to route around blockages, therefore, despite any effort or step taken by a CAIP member, users who wish to obtain or publish illegal content may be able to obtain it from sources or sites outside the control of CAIP members.

5.2 Sharing information about material that has been evaluated as illegal will facilitate some preventative action.

Singapore Media Development Authority Code of Practice 1996

There are no provisions in the Code for cooperation of ISP's.

Australian Internet Industry Association Code of Practice on Internet Content

There are some provisions in the Code for cooperation of ISP's in relation to prohibited content, but mainly it focuses on working with the Australian Broadcasting Authority and sub-ISP's.

Norway Code of Ethics for the Internet 2001

There are no provisions in the Code for cooperation of ISP's.

Internet Service Providers Association : United Kingdom Code of Practice 2002

2.5.1 In its dealings with consumers, other businesses and each other, Members must act fairly and reasonably at all times.

 

7.11 Members should co-operate with each other in investigating and preventing instances of Hacking.

 

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Other Obligations

Where forums are hosted by ISP's, they should state whether they are moderated or un-moderated.

Where possible, ISP's should respect the technical directions of customers. This will include caching directions for client' s data.

Applicable New Zealand Legislation

Other legislation that will be relevant to the Internet includes The Gambling Act, the Copyright Act, and the free speech provisions of the New Zealand Bill of Rights Act 1990.

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