Subject: [Ietf-not43] New EC directive over directories

From: [email-masked] (Jaap Akkerhuis)
Date: Thu, 26 Sep 2002 10:46:22 +0200

The following came to my attention. This might have some impact on
CRISP.  Note bullet three. Of course, it doesn't mention whois type
services, but I wouldn't be suprised that a lot of gouvernemental
bodies will actually decide that that is also covered by this.

	jaap

    From: "Paul M. Kane" <[email-masked]>
    Subject: [centr-legal] New Data Protection coming :-(

I've just been made aware of this ..... please see 
http://europa.eu.int/eur-lex/en/dat/2002/l_201/l_20120020731en00370047.pdf

I'll leave the real legal opinion to the lawyers... but .. The directive 
was adopted on 12 July 2002 and requires implementation in Member States 
by 31 October 2003.

*Brief summary of changes*

The new Directive:

    * replaces existing definitions for telecommunications services and
      networks with new definitions for electronic communications and
      services to ensure technological neutrality and clarify the
      position of e-mail and use of the internet;
    * removes the possibility for a subscriber to be charged for
      exercising the right not to appear in public directories;
    * introduces new information and consent requirements on entries in
      publicly available directories, including a requirement that
      subscribers are informed of all the usage possibilities of
      publicly available directories - e.g. reverse searching from a
      telephone number in order to obtain a name and address;
    * extends controls on unsolicited direct marketing to all forms of
      electronic communications including unsolicited commercial e-mail
      (UCE or Spam) and SMS to mobile telephones;
    * clarifies that the Directive does not prevent Member States from
      introducing provisions on the retention of traffic and location
      data for law enforcement purposes;
    * introduces controls on the use of cookies on websites.

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From: [email-masked] (Stephane Bortzmeyer)
Date: Mon, 30 Sep 2002 13:57:48 +0200

On Thu, Sep 26, 2002 at 10:46:22AM +0200,
 Jaap Akkerhuis <[email-masked]> wrote 

> was adopted on 12 July 2002 and requires implementation in Member States 

In France, the law requires more or less the same thing for now many
years.

>       telephone number in order to obtain a name and address;

Not a big deal. According to our lawyer who studied our whois service,
the "consent" is obtained when the registrant clicks on "Register my
domain name". The "information" is not always done properly by the
registrars but it should.