european communications policy ict policy initiatives by the eu and coe stefaan g. verhulst, markle...

European Communications Policy

ICT policy initiatives by the EU and CoE

Stefaan G. Verhulst, Markle FoundationAugust 2003

OUTLINE

• EU Communications Policy Framework – Institutional Approaches – Focus:

• E-Europe• Electronic Communications Framework (UK)

• CoE Communications Policy Framework– Institutional Approaches – Focus:

• Cyber Crime Convention • Declaration Freedom of Communications on the Internet

European Union

Selected EU Commission Directorate-Generals (ICT Policymakers)

European Commission

20 Members

Education and Culture

Directorate General

Justice and Home Affairs Directorate

General

Information Society

Directorate General Enterprise

Directorate General

Internal Market Directorate

General


(Viviane Redding)

Mission:

• Preserves and enhances Europe’s cultural diversity in the various fields where it is expressed

• Supports the competitiveness of the European audiovisual industry

• Promotes linguistic diversity and language learning

Its Audio Visual Policy Sector includes The Television Without Frontiers Directive.

Education and Culture

Directorate General


(Erkki Liikanen)

Mission:

• The Enterprise DG creates an environment that is supportive to innovation.

• Its ambition is to supply the policy ideas that will foster the competitiveness of enterprises and revitalise Europe's economy, with the goal of creating a knowledge-based economy in Europe.

• It’s primary ICT focus is in the area of e-commerce.

Enterprise Directorate

General


Information Society

Directorate General

Two concrete initiatives of the Information Society are eEurope and Enterprise Europe.

Aim of Enterprise Europe:

To achieve, by 2005, a sustainable economy based on knowledge and innovation.

Aims of eEurope:

• To bring every citizen, home and school, every business and administration into the digital age and online.

• To create a digitally literate Europe, supported by an entrepreneurial culture ready to finance and develop new ideas.

• To ensure the whole process is socially inclusive, builds consumer trust and strengthens social cohesion.


Data protection

Data protection legislation has been harmonised to remove potential obstacles to cross-frontier flows of personal data between Member States.

• Media and commercial communications

The Internal Market DG deals with media, commercial communications (advertising, sales promotions, sponsorship, direct marketing etc) and information society services (electronic commerce).

• Copyright and related rights

The Internal Market DG's task is to enforce copyright; to advance it further (e.g. on the enforcement of rights) and to modernise and adapt it to new developments in technology or the markets.

Internal Market Directorate

General

(Fritz Bolkestein)

Mission:

The Internal Market Directorate-General coordinates the Commission's policy on the European Single Market, which aims to ensure the free movement of people, goods, services and capital within the Union.


(Antonio Vitorino)

Mission:

Its role is to ensure that the whole European Union is an area of freedom, security and justice. In resolving disputes, it addresses jurisdiction and applicable law. It is responsible for cyber crime and network security issues.

Justice and Home Affairs Directorate

General

E-Europe (+)

The Lisbon AgendaThe Lisbon Agenda

to create ”the world’s most dynamic, competitive and socially inclusive knowledge-based economy by 2010”

strengthened economic co-ordination fostering the knowledge based economy improved the European social model

New methods: open method of co-ordination, best practice, monitoring and benchmarking

agreement to develop ways of actively involving the candidates in the goals and procedures of the Lisbon strategy

Key objectives:Key objectives:

1. Cheaper and faster Internet2. Faster Internet for researchers and students3. Secure networks and smart cards

4. European youth into the digital age5. Working in the knowledge-based society6. Participation for all in the knowledge-based society

7. Accelerating e-commerce8. Government on-line: electronic access to public services9. Intelligent transport systems10. Health on-line11. Digital content for global networks

Reasons for adopting an “eEUROPE-like” Action Plan:Reasons for adopting an “eEUROPE-like” Action Plan:

• Candidates face the same economic pressure, compete in the same environment as Member States

• Candidates are committed to adopt the acquis, align their economies to the Internal Market

• Candidates can achieve substantially higher growth rates through fostering IS technologies, accelerating the real-convergence process to the EU

The New EU Framework For Electronic Communications

Problems with previous legal framework

• Long and complex individual licensing procedures in some Member States (patchwork)

• Not enough flexibility to cope with rapidly changing markets

• Not enough consistency in how rules are applied in Member States

• Designed for a newly liberalised market, not one moving to a fully competitive market without sector specific rules

Services Directive (90/388/EEC)extended to: Satellite (94/46/EC)

Cable (95/51/EC)Mobile (96/2/EC)

Full competition (96/19/EC)Cable ownership (1999/64/EC)

ONP Framework Directive (90/387/EEC amended by 97/51/EC)

Licensing Directive (97/13/EC)GSM Directive (87/372/EEC)

ERMES Directive (90/544/EC)DECT Directive (91/287/EEC)S-PCS Decision (97/710/EC)UMTS Decision (99/128/EC)

European Emergency Number Decision (91/396/EC)International Access Code Decision (92/264/EEC)

ONP leased lines Directive (92/44/EEC amended by 97/51/EC)

TV standards Directive (95/47/EC)Interconnection Directive

(97/33/ EC amended by 98/61/EC)Voice telephony Directive (98/10/EC)

Telecoms data protection Directive (97/66/EC)

Liberalisation and Competition Directive

Framework Directive

Authorisation Directive

Access & InterconnectionDirective

Universal service Directive

Data protection Directive

Radio Spectrum Decision

Framework: Directives and Decisions

Objectives:

• To create a single regulatory framework (and legal certainty);

• Separation of content and transmission regulation

• Content Services

• Information Society Services

• Electronic Communications Services –"electronic communications network" means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed”

• Technology neutral

Policy Objectives

Flexibility

Legal certainty

Technologicalneutrality

Harmonisation

Framework

Authorisations

Access &Interconnection

Unbundled local loop

Universal service

Data protection

Simple marketentry

Clear obligationsfor dominant players

More competition

Cheaper & fasterInternet access

Consumer rights

Privacy protection

Framework Directive

Institutions

• NRASame objectives:

Promoting open and competitive markets

Contributing to development of internal market

Promoting interests of European citizens

Same characteristics:

Independence and published statement of responsibilities

Same procedure:

Consultation with market players, other NRAs, Commission

• Co-ordination:

•ERG

•Communications Committee

‘Article 7’ procedure

NRA publishes draft measure

No comment Cion expresses concern

Measure withdrawn

Cttee advice

Cion does not act

Measure adopted

1 month

2 months

Cion adopts decision

Source: DG InfoSoc

Framework Directive

Market

• SMP

• Market definition

• Ex ante obligations (cut back substantially)

Definition and Identification of the

Markets

SMP Assessment Choice of remedies

Commission Recommendationon

Markets

Commission Guidelines on Market analysis and SMP

assessment

Commission Guidelines on Market analysis and SMP

assessment

- transparency, non-discrimination, accounting separation, mandated access, price control - Possibility to go beyond with prior authorisation of the Commission

Authorisation Directive

• Only general authorizations allowed

no prior permission for market entry

general authorisations: limited conditions and fees

individual licences only for rights-of-use of frequencies or numbers;

open non-discriminatory, proportionate and transparent procedures

• Minimum rights in directive

• Annex: max list of conditions which can be tied to authorization

Directive on Privacy and Electronic Communications

• Harmonisation of level of protection of personal data

• Ensuring free flow of information of personal data across EU

• Presentation and restriction of calling and connected line identification

• Processing of location and traffic data

• Unsolicited communications: Opt-in!

• National data retention requirements possible

Radio Spectrum Decision

• To ensure the harmonised availability and efficient use of radio spectrum

• To strike a balance between the various types of spectrum uses affecting Community policies

• To ensure the co-ordinated and timely provision of information on radio spectrum use and availability in the community

• The safeguard of Community interest at international level where a radio spectrum affects Community policies.

Access and Interconnection Directive

• Negotiated access and interconnection prevail

• NRA can impose access and interconnection obligations

• TV standards are to be respected (Wide-screen formats)

Universal Service Directive

• Objective: Protection of end users

• Universal Service

• Social Obligations (MS obligations)

• Number portability

• Interoperability of consumer digital television equipment

• Must carry obligations

• Regulatory controls on retail services of SMP’s if wholesale control fails

IMPLEMENTATION24.4.2002

Entry into force

25.7.2003

Date of application in all MS

Member States transpose, but don’t apply

NRAs do market analyses

15 months

UK Communications Act 2003In 2002, the European Parliament and the Council of Ministers adopted four Directives ("the EC

Communications Directives"), which set out a package of measures for a common regulatory framework for electronic communications networks and services. Provisions in the UK

Communications Act implement a significant proportion of this new regulatory package.

The main provisions of the Act provide for:

• Transferal of functions to a single powerful regulator - the Office of Communications (OFCOM) - replacing the existing five regulators (the Independent Television Commission, Radio Authority, Office of Telecommunications, Broadcasting Standards Commission, Radio communications Agency);

• Reform of the rules on media ownership. There will be significant deregulation to promote competition and investment, and a few core rules will be retained to protect diversity and plurality. In particular a "plurality" test for media mergers will further safeguard these public interests;

• Removal of the requirement for licensing of telecommunications systems - removing about 400 licenses, and replacing them with a new regulatory regime for electronic communications networks, services and associated facilities in line with EC Directives.

Next…

• Making provision for OFCOM to introduce spectrum trading, leading to speedier access for new services and more efficient use.

• Accommodating the switchover from analogue to digital broadcasting and to rationalize the regulation of public service broadcasters;

• Establishing a Content Board to advise OFCOM, and undertake functions on their behalf, in relation to the content of anything broadcast or otherwise transmitted by means of an electronic communications network and in relation to media literacy;

…main provisions of the Act provide for:

Here the Prime Minister is being filmed for a piece on the BBC children's programme Blue Peter.

COUNCIL OF EUROPE

Council of Europe Directorate-Generals (ICT Policymakers)

Council of Europe

45 Member States

Directorate General of

Human Rights(D GII) Media Division

Directorate General of Legal

Affairs

The activities of the Council of Europe in the media field are aimed promoting:

• freedom of expression and information, as guaranteed by Article 10 of the European Convention on Human Rights

• the free flow of information via the existence of a plurality of independent and autonomous media, while ensuring respect for other fundamental rights.


Directorate General of

Human Rights (D GII) Media Division

Steering Committee on the Mass Media (CDMM)

Assistance and Technical Co-operation in the Media

Field (ATCM)

European Convention on Transfrontier Television

Directorate General of Human Rights (D GII) Media Division

Steering Committee on the Mass Media (CDMM)

The work of the CDMM covers issues relating to:

• freedom of expression and information and media freedoms• media concentrations and pluralism• the independence of regulatory authorities for radio and television• journalistic freedoms• the free coverage of elections by the media• the contribution of the media to the promotion of tolerance and the fight against hate speech• media coverage of criminal proceedings• media and privacy• freedom of expression and the fight against terrorism• new communication technologies and illicit or harmful content


Assistance and Technical Co-operation in the Media

Field (ATCM)

ATCM covers a wide range of issues such as:

• the rights and responsibilities of journalists• the regulation of the press, radio and television sectors• access to information

At present, the ATCM programme focuses on the countries of the Community of Independent States (C.I.S.), the South-Caucasus and the Southeast European countries.

These activities pursue two specific objectives:

• The protection and promotion of freedom of expression and information through legal, policy and practical measures.

• The development of legal and policy tools for combating racism, xenophobia, anti-semitism and intolerance and the promotion of good practices in the field.


European Convention on Transfrontier Television

The European Convention on Transfrontier Television lays down a number of rules for the free and unhindered circulation of television programmes across the countries that are Parties to this Council of Europe treaty.

The main objective pursued by the Convention is to:

• encourage the free circulation of television programmes on the basis of a number of commonly agreed standards (linked to the

fundamental values of the Organisation) and thus

• to promote the free exchange of information and ideas.


Directorate General of Legal

Affairs (DG I)

The Council of Europe deals with all matters relating to justice. ICT- related activities and treaties include the following:

• Privacy protection

The European Convention on Data Protection defines a number of principles for the fair and lawful collection and use of personal information.

• The fight against cyber-crime

A Convention on Cyber-Crime deals with the criminalisation of certain types of misuse committed through or against computer and telecommunication systems, as well as with "content-related offences", such as the distribution of child pornography via the Internet.

• Information technology and law

The Committee of Experts on information technology and law monitors research, development and teaching trends concerning new information and communication technologies in the legal field..

Cybercrime Convention (2001)

• to lay down common definitions of certain criminal offences relating to the use of the new technologies,

• to define methods for criminal investigations and prosecution, and to define methods for international communication.

• The criminal offences concerned are:– those committed against the confidentiality, integrity and availability of

computer data or systems (such as the spreading of viruses); – computer-related offences (such as virtual fraud and forgery); – content-related offences (such as the possession and intentional

distribution of child pornography); – offences related to infringements of intellectual property and related rights.

• to facilitate the conduct of criminal investigations in cyberspace, thanks to a number of procedural powers, such as the powers to preserve data, to search and seize, to collect traffic data and to intercept communications.

Declaration on freedom of communication on the Internet (Strasbourg, 28.05.2003)

• 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.

• 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 authorization schemes on the sole grounds of the means of transmission used.

• Principle 6: Limited liability of service providers for Internet content • Principle 7: Anonymity .

Convention 180 of the Council of Europe

This Convention:

• establishes an international mechanism for the prior notification of national rules on online services, based on the EU system of legislative transparency in this area

• aims to establish on a vast geographical scale, an information and administrative co-operation scheme for proposed regulations specifically for on-line services (i.e. services provided via the internet and upon individual request).

Each party may comment on drafts notified by the other parties, thereby contributing directly to the legislative process setting up new rules for on-line services.

This mechanism will:

• for the first time make it possible to have an international system of regular consultation in a developing field, with important legal and economic implications in cross-border terms, in particular as regards the exercise of fundamental freedoms and rights.

• boost transparency and harmonisation at international level.

Key: Balancing interests in information society

National sovereignty & cultural identity

National security & public order

Public morals, human dignity, minors protection

National economic interestsLiability

Security (incl. encryption

Intellectual property

Fair competition

Commercial secrets

Freedom of commerce

Consumer protection

Confidentiality of communications

Freedom of expression

Privacy

Due process of law

Freedom of information

Complementary interests

Conflicting interests

Both conflicting and complementary interests

No significant relationship

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