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Click on a table of contents entry to go directly to the desired title.To return to the tables of contents use Ctrl + Home or Ctrl + End. NOV. – DEC. 2000

1. COMPUTER CRIME__________________________________1EUROPE draft cybercrime convention..................................................1

2. COMPETITION______________________________________2EU asserting jurisdiction over internet sites..........................................2MEXICO new rules on dominance........................................................2MEXICO dominance rules challenged..................................................2

3. CONSUMER PROTECTION___________________________2HONG KONG validity of standard form contracts.................................2US account aggregation and privacy....................................................3

4. DATA PROTECTION_________________________________3BELGIUM surveillance of computer systems........................................3BRAZIL data protection rules................................................................3EU safeguarding transfer of personal data...........................................4

5. DIGITAL SIGNATURES_______________________________4LUXEMBOURG draft decree on electronic signatures.........................4NORWAY electronic signatures bill......................................................4

6. ELECTRONIC COMMERCE___________________________4CANADA e-commerce regulations.......................................................4EGYPT e-commerce trends..................................................................5EU e-commerce code of conduct..........................................................5GERMANY “Power-Shopping” declared illegal.....................................5SWEDEN 1 year withdrawal right for e-consumers..............................5SWEDEN overview of e-mail advertisement rules................................6UK interception of communications.....................................................6US electronic payment systems............................................................6

7. INFORMATION SOCIETY POLICY______________________6EGYPT information and decision support center..................................6FINLAND information society services protection.................................7LUXEMBOURG internet auto-regulation..............................................7NEW ZEALAND report on telecommunications inquiry........................7

8. INTELLECTUAL PROPERTY__________________________7ARGENTINA new domain names rules................................................7BELGIUM liberalization of the top level domain name..........................7CANADA new domain name rules........................................................8SOUTH AFRICA additional damages for copyright infringement.........8SPAIN management of “.es” domain names........................................8

9. MARKET ACCESS___________________________________8AUSTRIA UMTS license auction..........................................................8CANADA DSL service providers obtain clec-like status.......................9CANADA PCS spectrum auction..........................................................9EU local loop liberalisation....................................................................9IRELAND telecommunications licence procedures..............................9ITALY stream-telepiu’.........................................................................10PORTUGAL bids for UMTS licences submitted..................................10PORTUGAL rules for carrier pre-selection.........................................10SPAIN internet interconnection rates approved..................................10SWITZERLAND regulator orders lower leased line prices.................10UK broadband fixed wireless access auction.....................................11UK local loop unbundling....................................................................11

10. NUMBERING______________________________________11SPAIN technical specifications of number portability amended..........11

11. TELECOMMUNICATIONS____________________________11ARGENTINA new rules for telecom services......................................11BRAZIL new guidelines for personal communication system.............11IRELAND new communications regulation.........................................12ITALY universal service obligations....................................................12

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MEXICO telecom regulations amendment..........................................12UKRAINE telecom liberalisation.........................................................12

12. WEB SITES_______________________________________1213. EDITOR / EDITORIAL BOARD________________________1314. TABLE OF CONTENTS BY COUNTRY__________________14

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LUXEMBOURG MEDIAPORT

WHERE

NEW MEDIA CONVERGE

1. COMPUTER CRIMEEUROPE

DRAFT CYBERCRIME CONVENTIONFollowing the 8th plenary meeting of the Committee on Crime Problems and the Committee of Experts on Crime in Cyber-Space, convened on 18 th

to 20th September 2000, the Council of Europe on 2nd October 2000 released a Draft Convention on Cyber-Crime (the “Convention”). The Convention will constitute the first ever international treaty addressing criminal law and procedure regarding criminal behaviour directed at computer systems, networks or data and other types of similar misuse.The Convention sets forth provisions on :

offences against the confidentiality integrity and availability of computer data and systems concerning illegal access, illegal interception, data interference, system interference and illegal devices;

computer related offences concerning forgery and fraud; content related offences concerning child pornography; offences related to infringement of copyrights and related rights; ancillary liability and sanctions concerning attempting and aiding or

abetting, as well as corporate liability; procedural law concerning search and seizure of stored computer

data, production order, expedited preservation of data stored in a computer system, expedited preservation and disclosure of traffic data, interception of electronic communications, real time collection of traffic data and the obligation of confidentiality;

jurisdiction, international co-operation and mutual assistance.This draft has been subject to many criticism by a number of groups and is being revised.The current intent is to have draft adopted by the Council of Europe next year and then ratified by member states over the next year or two.For more information and the text of the Convention, see :http://conventions.coe.int/treaty/EN/projets/cybercrime22.htm andhttp://www.mediacentral.com/channels/inetfin/11_13_2000.reuff-story-bcinternettreaty.html or contact : LE_GOUEFF@vocats.com

2. COMPETITIONEU

ASSERTING JURISDICTION OVER INTERNET SITESWithin the framework of a report issued by the European Commission's Committee on Legal affairs and the internal market on 18 th September 2000, the European Parliament adopted a proposal for a Council Regulation on Jurisdiction and the recognition and enforcements of judgements in civil and commercial matters (the “Regulation”).The Regulation is designed to encourage voluntary initiatives on the part of businesses aimed at establishing out-of-court dispute-settlement systems. The Regulation would contribute to the establishment of a legal framework seeking to promote the growth of electronic commerce in Europe and to ensure the competitiveness of European companies at global level.The Regulation does not deal with the issue of applicable law and the provisions relating to jurisdiction of courts have no effect either on the application or interpretation of the Rome Convention applicable to contractual obligations.Consequently, the Regulation is regarded as forming part of a package of legislative and non-legislative measures concerning electronic commerce. Because the Regulation constitutes part of this package of legislative and non-legislative initiatives, its entry into force stands deferred until such time as more regulations become ready for adoption.For more information and the text of the proposal, see :http://www2.europarl.eu.int/omk/OMEuroparl?L=EN&PROG=REPORT&SORT_ORDR=D&REFERENCE=A5-2000-0253&LEVEL=2&SAME_LEVEL=1 or contact : LE_GOUEFF@vocats.com

MEXICONEW RULES ON DOMINANCE

On 12th September 2000, the Mexican Federal Telecommunications Commission (“COFETEL”) published the long awaited dominance rules for Teléfonos de México (“TELMEX”).COFETEL’s resolution establishes a series of obligations for Telmex regarding tariffs, quality of services and information. According to COFETEL, the rules will favor competition among telecommunications providers and contribute to the provision of services under better prices, diversity and quality for the benefit of the end user. On tariffs, TELMEX will be subject to tariff criteria based on costs; the intention being to prevent strangulation in the margins of operation and hence, the viability of efficient competition.On “essential services” (such as, provision of ports, collocation, local transit, billing and collection, emergency and operator services and installation and lease of long distance links), TELMEX will only be able to recover the costs incurred in the provision of said services. On local tariffs, throughout the country and until 1st January 2003, TELMEX will only be able to charge one tariff, whilst tariffs on other controlled basic services can only be differentiated by volume, distance and time.On quality of service, TELMEX will have to prepare separate quality indexes for each service rendered to end users and other concessionaires of public telecommunications networks. When dealing with the latter, TELMEX shall follow the “first come, first served” principle and allow long distance carriers to share ports and interconnection links.

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On information, TELMEX shall establish a technical database that facilitates the interoperability of telecommunications networks, and give access of such information to other concessionaires. TELMEX will likewise have to make public the quality service indexes for users and other public telecommunications networks concessionaires and certain information regarding separate accounting.For more information see : www.cft.gob.mx, or contact : aam@bstl.com.mx

MEXICODOMINANCE RULES CHALLENGED

On 4th October 2000, Teléfonos de México (“TELMEX”) filed an “amparo” (a summary proceeding which serves to guarantee constitutional rights) against the dominance rules issued by the Mexican Federal Telecommunications Commission (“COFETEL”) before Mexican Federal Courts. According to TELMEX, the rules on tariffs set a floor that will raise prices to the end user and will limit TELMEX’s ability to transfer the benefits of any increase in productivity to its end users.With respect to the limitations imposed by the rules on “essential services”, TELMEX contends that by such a measure, COFETEL will no longer incentive other carriers to invest in the expansion of their networks, the creation of new jobs and on the attention of poor areas, thereby limiting the development of the telecommunications industry in Mexico. This action is seen by some sectors as a move towards delaying the de-regulation process requested by the long distance carriers, Avantel and Alestra. Presently, the District Court overseeing the “amparo” proceedings has denied TELMEX the request for the temporary suspension of the “floor tariffs” imposed by COFETEL under the rules. It is contended that the decision further allowed COFETEL to issue a resolution reducing interconnection tariffs between Telmex and Alestra similar to that established with Avantel.For more information see : www.cft.gob.mx, or contact : aam@bstl.com.mx

3. CONSUMER PROTECTIONHONG KONG

VALIDITY OF STANDARD FORM CONTRACTSThe recent case, Hang Seng Bank & others v. Tsang Nga Lee & others highlighted the potential impact of the Unconscionable Contracts Ordinance on consumer contracts (the “Ordinance”). In this case the defendants were credit card holders who had defaulted on their credit card repayments and judgements had been entered against them.The issue was whether the plaintiff Banks (the “Banks”) could enforce an indemnity provision which provided that the credit cardholders pay all costs and expenses incurred by the Bank in enforcing the agreement.If a contract is held to be unconscionable, the court can refuse to enforce the entire contract leaving no remedy for breach as against the consumer. The court could also sever the unconscionable part from the contract or to reverse or alter the unconscionable provisions.The word “unconscionable” is not defined in the Ordinance though Section 6 provides guidelines for the court to take into consideration when analysing whether a specific term of the contract is unconscionable. The court may look into the respective bargaining powers of the contracting parties; whether the term was unnecessary; whether the consumer understood the term; whether undue influence or unfair tactics was exercised and whether the consumer could get alternative service elsewhere.The court decided the indemnity provision fell within the definition of “unconscionable” after examining every element under Section 6 and severed the indemnity provision. The court decided :

the Banks were in a much stronger bargaining position and the agreements were all in standard forms drafted by the Banks without negotiation or consultation with the consumer;

these standard contracts were never drawn to the consumer’s attention and were not explained to the consumer in a language or in a way they understand;

consumers have no real choice to get alternative services since the terms and conditions used by most banks are more or less the same.

Much of e-commerce is done on standard form contracts. Although customers are offered a chance to scroll through the entire terms and conditions of most “Clip-wrap Agreement” or “Dialogue Box’ agreements, they are still left with a “take it or leave it” situation since they must click “I agree” if they wish to move on. It would therefore be prudent for all standard form contracts to be drafted in simple language to ensure the customer understands the provisions. Onerous provisions should best be avoided.For more information contact : dae@jsm.com.hk

USACCOUNT AGGREGATION AND PRIVACY

The potential for the Internet to consolidate and manipulate information has a significant new application in account aggregation, which is the practice of gathering, at an account holder’s request, all their account information to make the account information available to them at a single website operated by the aggregator.Data aggregation may be offered on a standalone basis or may be offered in conjunction with other financial services, such as portfolio tracking and bill payment or it may be provided as an additional service to augment the online presence of an enterprise well established outside the virtual world, such as a bricks and mortar financial institution.Financial institutions initially resisted the idea of account aggregation. They viewed the practice of account aggregation as unauthorised access to their customers’ financial information. One financial institution even filed a lawsuit against an aggregator but settled with the aggregator after the aggregator agreed to meet certain conditions when providing account aggregation services to its customers.Financial institutions, however, are beginning to realize the potential of data aggregation for current and potential customers and are moving to gain ground from nonbanks that already offer account aggregation. The privacy of consumer financial information is of significant concern to the federal regulatory agencies. The Federal Trade Commission issued a final privacy rule in May 2000 that found data aggregators to be subject to the privacy provisions of the recently enacted Gramm-Leach-Bliley Act, which directed federal agencies to promulgate regulations to govern the data protection policies and practices of financial institutions.In addition, the Board of Governors of the Federal Reserve System requested public comment on, inter alia, whether account aggregators that enable the transfer of funds should be considered to be financial institutions and, therefore, be subject to the requirements of Regulation E, which governs fund transfers. That proposal is still pending.The FTC privacy rule is available at :http://frwebgate4.access.gpo.gov/cgibin/waisgate.cgi?WAISdocID=5907817113+2+1+0&WAISaction=retrievewhilst the FRB proposal is available at :http://frwebgate5.access.gpo.gov/cgibin/waisgate.cgi?WAISdocID=608294509+0+1+0&WAISaction=retrieve or contact : Vartath@ffhsj.com

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4. DATA PROTECTIONBELGIUM

SURVEILLANCE OF COMPUTER SYSTEMSThe Belgian Privacy Commission recently published a document with respect to surveillance by an employer of computer systems used at the work place thus rendering the Belgian Privacy Act of December 8, 1992 applicable to such instances. However, the Commission also recognises that the application of the Privacy Act depends on factors, such as the responsibility and the type of work performed by the employee, and the work environment.The Commission concludes that the rules constituting a balance between the legitimate interests of employers and employees include :

that employers should inform their employees of the e-mail and Internet policy at the work place;

that employees should be informed, amongst other things, of the finality and the method of surveillance, as well as of the type of collected data and the persons authorized to access such data;

that surveillance should comply with the principles of proportionality and necessity. In this respect, a general a priori surveillance and registration of all telecommunications data, or the inspection of the content of employees' e-mails, is considered to be disproportionate.

For more information, see the Privacy Commission's website at :http://www.privacy.fgov.be or contact g.vandendriessche@dbmlaw.be

BRAZILDATA PROTECTION RULES

Increasing Internet penetration in Brazil has led to discussions on data protection under Brazilian laws. Privacy remains a key concept. In line with provisions of the Federal Constitution, the Consumer Protection Code (the “Code”) laid down rules for the protection of personal data.However, enforcement of these rules is based upon the existence of a consumer relationship between the supplier (or the database owner) and the consumer.Pursuant to the Code, consumers :

must be informed in advance that a company will create a database to store their personal data;

have the right to access any credit information on record, cards, registers and data kept on file that involve them, as well as the respective sources;

must be informed in writing when a company intends to open or store their personal data at its own discretion;

have the right to be given access to data held on them, and demand rectification of any inaccurate information;

must approve all relations involving transfer of their data (from a conservative legal standpoint).

The Consumer Protection Code also establishes criminal and administrative penalties to be borne by a supplier in the event of any infraction of its guidelines. The administrative penalties will be applied by the administrative authority in charge thereof, and may be applied cumulatively even by a precautionary measure preceding or incidental to the administrative proceedings.Without prejudice to administrative and criminal penalties, the Brazilian Civil Code allows a party whose rights to data protection are violated to receive damages limited to the amount the party actually lost plus the amount which at the time the loss occurred, the party could reasonably expect to earn.For further information, see : http://www.pinheironeto.com.bror contact : rapdecunto@pinheironeto.com.br

EUSAFEGUARDING TRANSFER OF PERSONAL DATA

The European Commission (the “EC”) with the assistance of a Working Party on the protection of individuals is preparing a decision on the protection of personal data pursuant to Article 26 (4) of Directive 95/46/EC. The decision will serve as a safeguard to the international transfer of personal data.In particular, the decision will recognise a number of draft model clauses addressing :

warranties and undertakings of the data exporter; warranties and undertakings of the data importer liability and jurisdiction; disputes with data subjects or data protection authorities and

indemnities; term and termination of the contract; transfer of personal data for banking, credit, insurance, fund

management, tourism and transportation purposes and other businesses using a network;

transfers for marketing purposes; transfers for scientific research purposes.

The EC has invited comments to the draft model clauses, which are to be sent to the following e-mail : MARKT-E1@cec.eu.int before 16th October 2000.For more information and the text of draft model clauses, see :http://europa.eu.int/comm/internal_market/en/media/dataprot/news/annexen.pdf or contact : LE_GOUEFF@vocats.com

5. DIGITAL SIGNATURESLUXEMBOURG

DRAFT DECREE ON ELECTRONIC SIGNATURES Luxembourg has issued lately a draft decree on electronic signatures meant to supplement the Law on e-commerce of 14th August 2000.Largely drawn from the EU directive 1999/93, the draft decree lays down different requirements regarding the content of the qualified certificates; the Certification Service Providers (CSPs) issuing qualified certificates; and the secured signatures creation devices.The ministry of economy is requesting comments on this draft decree. The comments have to be sent the Ministry of economy.For more information, see: www.etat.lu/ECOor contact LE_GOUEFF@vocats.com

NORWAYELECTRONIC SIGNATURES BILL

On 29th September 2000 a draft bill regarding electronic signatures was presented to the Norwegian parliament. The proposal regulates the legal framework for use of electronic signatures and services connected thereto. The draft is based on a report from a survey requested by the Ministry of Industry, involving all Norwegian ministries and government departments. The report was based on disclosure of the legal hurdles for electronic communication, both between private persons and towards official governments in Norway. The report does, however, not discuss hurdles in the Norwegian Civil Dispute Act such as the provisions stating that agreements regarding arbitration and choice of legal venue must be entered into (or later confirmed) in writing. The reason for this is that the Norwegian Civil Dispute Act is under revision.

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The draft is intended to implement the EU Directive 1999193/EC of the European Parliament and of the Council of 13 th December 1999 on a Community framework for electronic signatures. The draft gives the legal framework for the issue of certificates and the use of qualified signatures. Section 6 of the draft states that if a hand-written signature is required to obtain certain legal effects, and if it is possible to fulfil such action electronically, a qualified electronic signature shall be deemed appropriate.The draft sets out requirements for the certificates and signatures, and prescribes that additional safety precautions may be required in connection with communication with the public administration. The draft regulates mainly certification-service-providers established in Norway. Secondary regulations regarding the act are now being drafted and the act is expected to enter into effect on 1st July 2001.For more information, please see the Norwegian version at :http://www.dep.no/nhd/norsk/publ/otprp/024001-050004/index-dok000-b-f-a.html and www.tkgl.no or contact : haakon.opperud@tkgl.no or heidi.aasheim@tkgl.no

6. ELECTRONIC COMMERCECANADA

E-COMMERCE REGULATIONSFollowing rapidly on the heels of the Federal Government’s Personal Information Protection and Electronic Documents Act, several Canadian provinces have already or will soon adopt e-commerce related legislation. For instance, the Province of Ontario recently passed the Electronic Commerce Act, S.O., 2000, c. 17 (the “Ontario Act”).In this respect, Ontario joins Saskatchewan and Manitoba, which have also recently passed electronic commerce statutes. British Columbia has introduced its own bill, while Quebec has a draft e-commerce bill for discussion. The Ontario Act is enabling and voluntary (like its Saskatchewan and Manitoba equivalents) insofar as no one is required to use, provide or accept documents or information in electronic form without their consent.It establishes a series of rules for substituting electronic functional equivalents in place of traditional contract requirements such as signatures and the provision, retention and examination of documents in writing, including originals. The electronic substitute for the written document must be accessible to both parties to a transaction for subsequent reference and be capable of being, although not actually, retained by the receiving party.Moreover, the Ontario Act requires “reliable assurance as to the integrity of the information… from the time the document… was first created in its final form.”Signature requirements can be even stricter. While the Ontario Act generally allows electronic signatures, it also contemplates regulations not yet available, prescribing reliability and technological requirements. The Act is intended to be technologically neutral. Importantly, the Ontario Act specifies rules for establishing when and from what location contract documents are deemed to be sent and received. It also paves the way for use of electronic documents by governmental entities.For more information see :http://gateway.ontla.on.ca/library/bills/88371.htmor contact : rpfohl@mccarthy.ca.

EGYPTE-COMMERCE TRENDS

The Ministry of Communication & Information Technology announced that a New Telecommunications Act would be in force in the near future enabling new trends to take place on the international telecommunications market. The said Act would encompass legislation protecting financial deals and transactions that are made via the Internet and organise laws

related e-commerce. The Internet infrastructure in Egypt will be subject to major modifications in the current year, by providing operating permits to 3 private sector companies operating in this field.In addition, the capacity of the external connections of the Internet will be increased to 155 Megabit/s, which will avoid all the jamming that occurs currently on the Internet and shall provide extra capacities to the companies and different enterprises that use the Internet, by enabling them to be connected shortly to the world of e-commerce. The said companies would be a step to link producers, distributors and consumers through specialised networks in specific industries, which would be a great opportunity for thousands of small producers in the Egyptian market to benefit from such e-commerce Networks.For more information, contact : angela@brainy1.ie-eg.com

EUE-COMMERCE CODE OF CONDUCT

The Better Business Bureau system and BBBOnLine on 24th October 2000 announced the release of a Code of Online Business Practices (the “Code”) designed to guide ethical business to customer conduct, as well as boost customer trust and confidence in online commerce. The Code is intended to provide desirable standards for e-commerce generally, and obliges all participants of the BBBOnLine Reliability Program to comply with its provisions.The Code is based on the five principles of :

truthful and accurate communications which forbids online advertisers from deceptive or misleading practices in several respects;

disclosure which obliges online merchants to disclose various types of information to specified parties;

information practices and security which generally obliges online advertisers to adopt information practices that treat customers’ personal information with care;

customer satisfaction which obliges online merchants to inter alia ensure customer satisfaction and resolve customer complaints and disputes expeditiously;

protecting children, which imposes a duty of care on online advertisers targeting children under the age of 13.

For more information and full text of the code, see :http://www.bbbonline.org/code/CodeEnglish.pdfor contact : LE_GOUEFF@vocats.com

GERMANY“POWER-SHOPPING” DECLARED ILLEGAL

Two German courts have ruled independently that the e-commerce concept of “Power-Shopping“ is illegal under German Competition Law. The regional court of Cologne in the matter PrimusOnline and the regional court of Hamburg in the matter LetsBuyIt.com came to the same ruling and concluded that “Power-Shopping“ in particular infringes the German Discounts Act. The idea behind “Power-Shopping“ as offered by PrimusOnline and LetsBuyIt.com is to band together potential customers desiring to buy the same product.As a group, these customers usually create sufficient market power to receive higher discounts for the desired products. A competitor of LetsBuyIt.com and PrimusOnline, Cnited AG took the view that such an offer infringes German Competition Law and took legal action. Subsequently, the courts confirmed that the bundling of market demand aiming at higher discounts is not in line with the German Discounts Act.This Act, which dates back to 1933, prohibits the granting of discounts to individual customers. Only if the customer pays the purchase price in cash immediately upon purchasing, the supplier is entitled to grant a discount of up to 3% of the purchase price. The original purpose of this rather dated act was to create a certain level of price and consequent market transparency.

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Today, many legal writers in Germany claim that the entire act is outdated and should be abolished. It might be the case that under the EU e-commerce directive of 8th June 2000 (Directive 2000/31/EG) in the near future Germany has to moderate the severe restrictions of the Discounts Act. LetsBuyIt.com and PrimusOnline have lodged appeals against the decisions.For more information see :www.thestandard.com/article/display/0,1151,19382,00.htmlor contact : Oliver.zander@bbmw.de

SWEDEN1 YEAR WITHDRAWAL RIGHT FOR E-CONSUMERS

In June 2000 Sweden implemented the EC directive on the Protection of Consumers in respect of Distance Contracts. The rules in the Swedish law regulating, inter alia, consumers' rights of withdrawal were made considerably more burdensome for e-business than the Directive demanded in one particular aspect, namely the consumer's right to receive information regarding the consumer's right of a 14 day withdrawal period and proper contact-information needed to exercise this right. If this information is not provided the consumer's right of withdrawal lasts for 1 year, a consequence many companies seem to be unaware of. In practice, this means that even though most Swedish companies are aware of the fact that consumers enjoy a two week withdrawal right, they do not realise that in the event of not properly informing (pursuant to applicable laws) the consumer of this right, the consumer has a 1 year withdrawal right. Something which might come as an unpleasant surprise.For more information see :http://www.konsumentverket.se or contact : erik.bergenstrahle@lindahl.se

SWEDENOVERVIEW OF E-MAIL ADVERTISEMENT RULES

In a report from the Swedish Consumer Agency on the opt-out rule in the Swedish Marketing Act, which took effect in May 2000, the Agency proposes that the rule be changed to opt-in, i.e. that consent has to be given by the consumer before a company may send advertisement to that customer by the use of e-mail. The currently effective opt-out rule means :

that a consumer may, at any time, inform a company sending advertisement via e-mail that the consumer no longer wants advertisements ;

that the company then is required to stop sending advertisement immediately.

The opt-out rule was intended to create a reasonable balance between, on the one hand, the market's need of effective means of advertising and on the other hand the consumers' interest of being able to avoid unwanted advertisement via e-mail. The Agency states in the report that the planned national "opt-out register", where consumers may state that they do not wish to receive advertisement via e-mail, is not a feasible solution.The Agency also points out that many countries in the EC have adopted the opt-in alternative, and that the ongoing discussions within the EC on the question of the use of e-mail in a company's marketing actions most probably will result in the adoption of common opt-in rules within the EC. Presently, these common rules will, according to the Commission's proposal for a directive, probably take effect in December 2001.For more information see :http://www.konsumentverket.se/press/001002.htmor contact : erik.bergenstrahle@lindahl.se

UK INTERCEPTION OF COMMUNICATIONS

On 24th October 2000, the Lawful Business Practice Regulations came into force. These set out the circumstances in which a business may lawfully

monitor and record its employees' communications without their consent. Other than under the Regulations, such interception will be unlawful under the Regulation of Investigatory Power Act 2000.The Regulations permit a business to monitor and record communications without consent if carried out to establish the existences of facts relevant to the business, to ascertain compliance with regulatory or self-regulatory practices, to ascertain or demonstrate standards which are or ought to be achieved by persons using the telecommunication system, to prevent or detect crime, or to ensure the effective operation of the system.For more information see : http://www.olswang.comor contact : Cdl@olswang.co.uk

USELECTRONIC PAYMENT SYSTEMS

The Subcommittee on Domestic and International Monetary Policy of the House Banking and Financial Services Committee held a hearing on 19 th

September, 2000 in an effort to understand the circumstances surrounding the slow pace at which electronic payment systems have evolved over the last ten years and to examine the changes that might be necessary to make these new payment technologies more readily available and attractive to consumers and businesses.The hearing also focused on future developments in technology and how they might benefit consumers. Thomas P. Vartanian of Fried, Frank, Harris, Shriver & Jacobson, a contributor to The L.I.N.K., testified as an expert, along with representatives of major technology trade associations and companies. In his testimony before the Subcommittee, Mr. Vartanian identified several reasons for the glacial evolution of electronic payment instruments and systems to include :

an existing, well-established money and payments system; the development of standards; the lack of compelling reasons to change; lack of consumer confidence because of unfamiliarity with payment

instruments and systems, concerns over the potential loss of funds, apprehension about the loss of privacy and the temptation to offer new payment products before they are perfected;

competition or controversy over control the point of customer entry; ill-suited or incompatible laws.

Mr. Vartanian noted that electronic payment instruments and systems would eventually be accepted because of cost savings, a demand for an efficient and instantaneous way to move value, the proliferation of business-to-business electronic commerce and the increasing number of individuals who are not wedded to traditional payment systems.Mr. Vartanian further identified several legal areas that were designed to deal with the more traditional payment mechanisms but impact electronic payment systems and thus result in continuing uncertainty in their application to the new payment vehicles or systems. These areas include : jurisdictional considerations, state banking laws, state money transmitter laws, deposit insurance considerations, regulation E requirements, state escheat laws, and law enforcement considerations.Mr. Vartanian’s complete testimony is available at :http://www.ffhsj.com/bancmail/bmarts/roadblck.htmor contact : Vartath@ffhsj.com

7. INFORMATION SOCIETY POLICYEGYPT

INFORMATION AND DECISION SUPPORT CENTERThe Information and Decision Support Center (IDSC) was established in 1992, by virtue of the Ministerial Decree no. 1 of 1992. This center is

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considered the most important and most recent of its kind providing information related to the State. In accordance with Article 2 of the said Decree, the IDSC provides “establishment, management and development of a data system and decision support”.The main aim of this Center is :

to prepare a national plan for the development of the data system in accordance with the recent development in this field;

to serve ministries and public administrative units and public sector business companies and national institutions;

information collection and its implementation in the decision making support and information system, aiding the allocation of research and studies and innovating the management systems through employment information rules;

establishing information centers in other governorates and administrative units.

The Centre shall undertake all the steps required to reach its main object and has the capacity to set a system for the assistance of ministries and governorates regarding the necessary studies for decision support and establishment of a base especially for the availability of information by means of using modern database methods and sites on the Internet.The IDSC is considered a private service and is only accessible to the public by means of either an annual subscription or the service rendered will be charged upon cash payment.For more information see : www.idsc.gov.egor contact : angela@brainy1.ie-eg.com

FINLANDINFORMATION SOCIETY SERVICES PROTECTION

On 6th October 2000, the Finnish government issued a new bill aimed to protect information society services, which are defined as protected services provided through a network against payment. The contemplated legislation would prohibit and criminalize the possession, use, manufacture, import, sale, lease, distribution, marketing, installation and maintenance of devices and software intended to decode or to otherwise gain unauthorized access to information society services. Examples of such devices and software include smart cards used for watching pay TV and software developed for accessing Internet services.The proposed legislation would replace the presently fragmented laws in place in Finland on piracy devices and software by protecting information society services from unauthorized access irrespective of whether they are provided through the Internet, satellite, cable, digital TV or other types of networks.The proposed legislation implements the EU Directive 98/84/EC on the Legal Protection of Services Based on, or Consisting of, Conditional Access (also known as the Conditional Access Directive) and goes further than the Directive as it, for example, would prohibit the manufacture and development of decoding devices and software for ones’ own use.The government bill is available in Finnish at :http://www.edita.fi/esitys/etusivut/webhe.2000.0146.htmlor contact : Craig.thompson@rhw.fi

LUXEMBOURGINTERNET AUTO-REGULATION

As indicated in the last issue of L.I.N.K, the Government of Luxembourg (Service des Médias, in association with the New Media Group of the Centre de Recherche Public Henri Tudor) has arranged during the month of October, a public consultation on Internet auto-regulation. The objective of this public consultation was to reflect on how auto-regulation, can contribute to establishing confidence in doing business on the Internet and protecting certain public interests (notably the protection of minors).

For more information, the report of this consultation is available at : www.autoregulation.lu/autoregualtion.nsf/indexor contact : LE_GOUEFF@vocats.com

NEW ZEALANDREPORT ON TELECOMMUNICATIONS INQUIRY

The Final Report of the New Zealand Government’s Ministerial Inquiry into Telecommunications has been released. The Report is substantially in the form reported in the September – October edition of the L.I.N.K. Key recommendations of the Report include : the introduction of an independent electronic communications commissioner; the establishment of an electronic communications industry forum; a formal and transparent process for establishing whether or not a service should be regulated (“specified” or “designated”) based on an “access objective”. One of the key changes since the draft Report is the introduction of a second and lower level of regulated services (“specified services”) that require the supply of a service be made on certain terms if requested, but does not include the use of pricing principles as with “designated services”.A number of services that were identified as potential designated services have been recommended to be placed in the lower category of specified services. Presently the only recommendations for immediate classification as a designated service are access to Telecom New Zealand’s fixed wire network for interconnection and data tail access and access to Telecom New Zealand’s fixed wire network for wholesaling.The issue of designation of number administration and portability has been deferred. The Electronic Communications Forum will be responsible for preparing codes for both specified and designated services. These codes are to be approved by the Commissioner and will be binding on all Forum members. Other key recommendations include the capping of ownership of radio spectrum and the requirement of on-sale of spectrum where that spectrum is unused.An Electronic Communications Bill has been prepared for submission to Parliament incorporating the recommendations of the Inquiry, and available at : http://www.teleinquiry.govt.nzor contact : david.boswell@bellgully.co.nz

8. INTELLECTUAL PROPERTYARGENTINA

NEW DOMAIN NAMES RULESSince 29th August 2000, Resolución 2226/2000 ("Resolución") from the Foreign Affairs Ministry provided new Rules for the administration and registration of domain names under the ccTLD "ar".The Rules are applicable in procedures before Nic-Argentina, the local unique agency authorized to administer the registration of domain names under the ccTLD "ar".The Rules establish :

the principle of first come first served; the principle of free service subject to amendment in the future; that there are some names reserved only to public entities; that domain names shall not have amoral connotations; that domain names registration shall not attempt against third party

rights; that Nic-Argentina will not be responsible for any conflicts arising from

the registration of domain names.For more information see : http://www.nic.ar/reglas.htmand http://www.mille.com.ar or contact : gonzaloz@mille.com.ar

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BELGIUMLIBERALIZATION OF THE TOP LEVEL DOMAIN

NAMEThe Belgian domain name authority (the “DNS BE”) recently announced the liberalization of the rules for domain name registration under the top-level country-code .be. The current rules have been criticised as being rather severe. Under the new rules, the requirement that the applicant for a domain name should have a link with the domain name applied for will be abandoned. Furthermore, the prohibition of general domain names will disappear.On the other hand, the principle that .be domain names cannot be sold is maintained. The DNS BE expects that, as a consequence of this liberalisation, domain name disputes will increase and is proceeding towards the implementation of an arbitration procedure.Also, the DNS BE will set up a new agent network for the registration of .be domain names. The new rules for domain name registration under .be will be implemented on December 11, 2000.For more information, see :http:// www.dns.be or contact g.vandendriessche@dbmlaw.be

CANADANEW DOMAIN NAME RULES

Changes are underway that will significantly affect the administration of the .ca Domain Name Registry and the rules regarding entitlement to .ca domain names. As a result of the new Canadian “.ca” Registry rules, all current registrants of .ca domain names, including provincial level domain names (e.g. xyz.qc.ca) and municipal level domain names (e.g. xyz.montreal.qc.ca), are currently required to take active steps to renew their “.ca” domain name registrations with the new administrators of the .ca Domain Name Registry, the Canadian Internet Registration Authority (“CIRA”), prior to the “operational transfer date” on 1st November 2000.In the past, “.ca” domain name registration rules were very complex, discouraging many potential applicants from even applying. The new CIRA rules will relax these restrictions. For instance, it had formerly been very difficult for individuals to obtain national level domain names. Under the new rules this will be possible. All new applicants will nonetheless have to fulfil certain Canadian “presence” requirements such as establishing Canadian residency or domicile.One of the most significant changes under the new rules is that applicants will be able to register a limitless number of names. Previously an organisation could register only one. Also, under the old rules, a domain name had to correspond to the name of the organisation that applied to register it, making it difficult to register generic domain names.Once the new rules are implemented, there may be an opportunity to acquire valuable generic domain names on a first-come, first-served basis. In the circumstances, any corporation considering either commencing or expanding upon its “.ca” web presence should review these changes in detail, in order to establish an appropriate “.ca” domain name acquisition strategy.For more information see :www.cira.ca or contact : cmorgan@mccarthy.ca.

SOUTH AFRICAADDITIONAL DAMAGES

FOR COPYRIGHT INFRINGEMENTSection 24 of the Copyright Act 98 of 1978 (“the Act”) deals with the remedies available for infringement of copyright. The calculation of damages is, generally speaking, based on the actual loss suffered by the plaintiff or the amount of a reasonable royalty, which the plaintiff would

have received for licensing the copyright material for copyright infringement. In addition, section 24(3) empowers the court to award additional damages for copyright infringement in certain circumstances. A precondition for additional damages is that the court must be satisfied that effective relief would not otherwise be available to the plaintiff. An example of the operation of this precondition is to be found in the case of Metro Goldwyn-Mayer v Ackerman (1996). In that case, the defendants were found in to be in possession of videocassettes containing unauthorised copies of films (including trailers), in which the plaintiffs held the copyright.The court was of the view that its order in respect of the full-length films, i.e. its grant of an interdict as well as an award of damages, constituted effective relief. It was thus not prepared to order additional damages. Insofar as the trailers were concerned however, the court held that, since it would be impossible to establish the damage suffered for this infringement (because the evidence did not disclose what amount would be paid for authorisation to use the trailers), it would not be possible to grant effective relief. The court therefore ordered the payment of additional damages in relation to the trailers. Earlier this year, the Minister of Trade and Industry published for comment; inter alia, an amendment to Section 24(3) of the Copyright Act.The proposed amendment removes the precondition that the court must be satisfied that effective relief would not otherwise be available to the plaintiff and replaces this precondition with the requirement that “justice and a sufficient deterrent effect against infringement of copyright will not have been achieved unless the defendant is ordered to make suitable monetary payment”. Nevertheless, the proposed amendment stipulates that any award of additional damages shall not exceed R 10,000 for each article relating to the infringement.The proposed amendment can be viewed at : http://www.polity.org.za or contact : peterg@wwb.co.za

SPAINMANAGEMENT OF “.ES” DOMAIN NAMES

The Act, which shall be approved together with the Spanish General Budget Act for 2001, contains an amendment of the Telecommunications Act whereby management of domain names under the country code corresponding to Spain is entrusted to a new agency, dependent on the Ministry of Science and Technology. This new agency shall be called Red.es and will be financed with the fees obtained for the allocation and maintenance of domain names (approx. Euros 108 for allocation and first year maintenance and approx. Euros 72 for maintenance corresponding to second and subsequent years).Furthermore, a tender procedure is foreseen for allocation of domain names that have a special economic interest or which are in high demand. Red.es shall be responsible for, inter alia :

the management of domain names; the development of information society; the enhancement of competition in the sector; advising the Government regarding any issue which may have an

impact on the said development of the information society; preventing fraud on the Internet; representing Spain in those international groups that co-ordinate the

management and registration of domain names, namely the ICANN.For more information, see :http://ying.sgc.mfom.es/secretaria/ve_11.0/sgcinfor/noticias/redes0710.htm or contact : Aam@gomezacebo-pombo.com

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9. MARKET ACCESSAUSTRIA

UMTS LICENSE AUCTIONThe Austrian UMTS auction started on 2nd November 2000 and lasted only two days for each of the six bidders to secure a UMTS licence. The six bidders were the four Austrian mobile telecommunications operators Mobilkom, max.mobil, Connect Austria and tele.ring as well as the Spanish incumbent Telefónica and Hutchison 3G from Hong Kong. In the first phase, 12 frequency packages of 2 x 5 MHz were available, whereby each bidder had to buy at least two packages in order to obtain a UMTS licence.Although it was expected that at least some of the bidders would try to acquire a third package of frequency spectrum, at the end of the day all bidders contented themselves with two packages of 2 X 5 MHz.In phase 2 of the auction, five unpaired 5 MHz packages were issued. Mobilkom and max.mobil each bought two of these packages (costing about ATS 350 million each) Hutchison 3G secured the fifth package at the same price. The auction closed on 3rd November 2000 and generated only ATS 11.443 billion (approximately EUR 0.832 billion), which is much lower income than expected by the Ministry of Finance. The licences are granted for a period of twenty years ending 31st December 2020.For more information on the course of the auction and bids in each round see the regulatory authority's web site at : http://www.tkc.ator contact : Stephan.polster@dbj.at

CANADADSL SERVICE PROVIDERSOBTAIN CLEC-LIKE STATUS

The Canadian Radio-television and Telecommunications Commission (“CRTC”) has allowed digital subscriber line services providers (“DSLSPs”) to obtain a status akin to competitive local exchange carrier (“CLEC) in Canada pursuant to a letter decision issued on 21st September 2000, with justifying reasons to be issued in the future.Specifically, DSLSPs may now lease unbundled loops and connecting links on the same basis as CLECs, in the territories of the incumbent local exchange carriers (“ILECs”). Furthermore, DSLSPs may lease from the ILECs, all services related to co-location under the same rates, terms and conditions of ILEC general tariffs and central office licensing agreements that are currently available to CLECs.The CRTC directed the ILECs to issue tariff pages and amend their central office licensing agreements within 30 days of the date of the decision. However, the CRTC made it clear that DSLSPs may not use these services to provide switched local voice services, and directed all ILECs and any CLECs providing such services to DSLSPs to ensure that DSLSPs do not use them for that purpose.For more information please see :http://www.crtc.gc.ca/8740/eng/2000/b2-6475.htmor contact : dhenke@mccarthy.ca.

CANADAPCS SPECTRUM AUCTION

Industry Canada has finalised the dates related to the licensing process for the auction of additional Personal Communications Services (“PCS”) spectrum in the 2 GHz frequency range. This auction has been long awaited by the wireless communications industry, and is aimed at promoting the roll out of 3G PCS in Canada. The department will be auctioning PCS blocks “C” and “E”, which are in the band 1850 - 1990 MHz. Four blocks of 10 MHz of spectrum will be licensed.

The four licences will be made available in each of 14 areas, which cover all of Canada, resulting in a total of 56 new licences. The deadline for receipt of applications is 14th November 2000, and a list of qualified bidders will be released in late November 2000. A mock auction for qualified bidders will be held in early January 2001.The auction will begin on 15th January 2001, and is expected to last between four to six weeks and will be conducted over the Internet. No reserve prices have been set, but Industry Canada has established minimum opening bids based on the population of the service area.Although Industry Canada refuses to estimate potential revenue from the auction, industry observers have estimated that between $2.5 billion and $5 billion will be raised.For more information see : http://strategis.ic.gc.ca/SSG/sf01714e.html 1 or contact : dhenke@mccarthy.ca.

EULOCAL LOOP LIBERALISATION

On 27th October 2000, the European Parliament approved a Draft Regulation on unbundled access to the local loop (the “Regulation”). The Regulation is intended to :

intensify competition and stimulate technological innovation by setting harmonised conditions for unbundled access to the local loop;

apply to unbundled access to the local loops and related facilities of fixed public telephone network (“FPTN”) operators designated by national regulatory authorities as having significant market power;

oblige notified operators to comply with the principle of non-discrimination when using the FPTN to provide high speed access and transmission services to third parties as provided to its own services or to associated companies, in accordance with community provisions;

uphold the rights of Member States to maintain or introduce measures in conformity with Community law, that are more detailed with respect to other types of access to local infrastructures.

For more information and text of the Regulation see :http://europa.eu.int/comm/information_society/policy/telecom/localloop/pdf/infregep_en.pdf or contact : LE_GOUEFF@vocats.com

IRELANDTELECOMMUNICATIONS LICENCE PROCEDURES

The Irish telecommunications regulatory authority, the Office of the Director of Telecommunications Regulation (“ODTR”) has launched a competition for the award of a single national Terrestrial Trunked Radio (“TETRA”) - Public Access Mobile Radio (“PAMR”) license to provide digital trunked services in Ireland.The term of the license will be fifteen years. The licensee will be entitled to offer TETRA PAMR services to the public. TETRA is a mobile communications service able to deliver a broad range of voice and data services in public and private networks. The service is aimed at business users and the Director believes that the introduction of TETRA services in Ireland will create further choice and diversity for users of business mobile communications.The licence will be awarded by means of an open tender using a two-stage evaluation process. The first stage will assess whether the applicants are in compliance with the requirements of the tender document. The second stage is the comparative selection process incorporating evaluation criteria, which are outlined and weighted in the tender document. The result of the competitive process is expected to be announced in January 2001.The principal reason for an initial offering of only one licence is the uncertainty regarding the long-term spectrum requirement for a national TETRA - PAMR service. Therefore, a review will be conducted to determine whether additional spectrum is required for TETRA - PAMR

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services and how it should be apportioned. This review is not expected to take place for at least two years after the granting of the licence. It is likely that the review would involve public consultation. The outcome of this review could result in the availability of further TETRA - PAMR licences.For more information see : www.odtr.ie/docs/odtr/0076or contact : Mccann-Fitzgerald@pophost.eunet.be

ITALYSTREAM-TELEPIU’

On 25th October 2000, the Italian Communication Agency has decided that it will suspend the licenses granted to two broadcasting companies, Tele+ if the latter do not agree on the adoption of a unique decoder within 10 days. The relevant companies have already been fined for 800 million liras each, due to the fact that even though common technical standards were established by the Agency on April, the operators involved did not comply with the request.For more information, and the text of the decision, see the Communications Agency's web site, at : http://www.agcom.it/ or contact : Cugia@mailandnews.com

PORTUGALBIDS FOR UMTS LICENCES SUBMITTED

Following the launch of the public tender for the award of four UMTS licenses, the public opening of the bids took place at the beginning of October. The seven bidders that have submitted proposals include TMN (100% held by the Portuguese incumbent), Telecel (having Vodafone as major shareholder), Optimus, Oniway, Leadcom (a consortium incorporated, among others, by Vivendi and Finantel), Titancom and Mobijazz (held by Jazztel and Sonera).Even though a final decision has not been taken, the Report of the Assessment Commission has already been made public. The final decision will be taken until year-end by the Minister of Social Equipment, who is ex expected to confirm the results of the Assessment Report. This being the case, the holders of the existing three GSM licenses (TMN, Telecel and Optimus) will be awarded licenses. The fourth license will be given to Onyway, a company held by the power utility EDP and by Telenor. The Assessment Commission has evaluate the bids according to subjective criteria, the most important of which was the “contribution to the development of the information society” (weighing 50%). For more information see : http://www.icp.pt/umts/indexuk.htmlor contact : mc@vieiradealmeida.pt

PORTUGALRULES FOR CARRIER PRE-SELECTION

Users of fixed telephone services in Lisbon and Oporto are now able to route calls through different providers without having to dial an identifying prefix. This final type of carrier pre-selection, by means of indirect access, was established on 1st October 2000 for customers located in the a.m. areas and will be available throughout the rest of the territory as from 15th

November 2000.Presently, only long-distance, national and international calls are eligible for pre-selection. Local and regional calls will be eligible as from 1st

January 2001, which is regarded as the conclusion of the liberalisation process regarding this service.For more information, see : http://www.icp.pt/press/2000/not247uk.htmlor contact : mc@vieiradealmeida.pt

SPAININTERNET INTERCONNECTION RATES APPROVED

On 7th July 2000, the Government approved several measures to enhance competition in the telecommunications market.Pursuant to one of these measures, Telefónica was obliged, as of 1st

November 2000, to offer to its customers a new internet access tariff of 2,750 pesetas (approx. Euros 16.52). The offering of such internet access tariff by Terra, the internet subsidiary of Telefónica, prior to the aforementioned date, without the Reference Interconnection Offer having being amended to guarantee effective competition, motivated the imposition by the telecommunications regulator of interim measures to Telefónica aimed at safeguarding such competition.It is intended that the interim measures will apply to traffic addressed to intelligent network numbers corresponding to those internet access services notified by third operators and to traffic addressed to Internet through the use of operator pre-selection codes, of interconnection rates not exceeding, for each user of the said third operators (ISPs of the relevant operator), the price offered by the Telefónica’s subsidiary Terra to its final users, i.e. 2,750 pesetas.The Delegated Commission for Economic Affairs finally approved, on 19th

October 2000, the new Internet interconnection tariffs to be 1,850 Pesetas (local transit) or 2,300 Pesetas (simple transit). The tariffs are expected to enter into force on 1st November 2000 and have already been criticised by operators insofar as the said tariffs entail a squeeze on commercial margins.For more information, see :http://www.cmt.es/cmt/document/decisiones/RE-00-07-27-11.pdfhttp://www.cmt.es/cmt/document/decisiones/RE-00-09-28-03.pdfhttp://www.cmt.es/cmt/document/decisiones/RE-00-10-05-22.pdfor contact : Aam@gomezacebo-pombo.com

SWITZERLANDREGULATOR ORDERS LOWER LEASED LINE

PRICESIn litigation proceedings between a new entrant, Commcare Communications AG (“Commcare”), and the former Swiss telecom monopolist, Swisscom AG (“Swisscom”), the Swiss Federal Communications Commission (“ComCom”), ordered on 3rd October 2000 a massive reduction of some of Swisscom's leased line prices. The crux of the matter was whether leased lines agreements are subject to the interconnection regulations of the Swiss Telecommunications Act and its implementing regulations.Indeed, interconnection agreements and disputes are subject to a statutory procedure, which is applied if the telecommunication services providers cannot agree contractually on the corresponding conditions of use, in particular prices. In this case the procedure is examined by the Swiss Federal Office of Communications (“OfCom”) and ComCom lays down, the interconnection conditions at OfCom’s request. Thus in the past interconnection prices to be paid by new entrants to Swisscom have been subject the procedure described above.Although ComCom decided not to submit Swisscom's transmission media, i.e. the copper and fibre-optic cables, to the interconnection regulations, the application of Commcare regarding the leased lines has been successful. ComCom has considered Swisscom to have a dominant market position in the Swiss local loop market. Swisscom will now be obliged to offer its leased lines to other telecommunication services providers at cost-based prices.With regard to market dominance, the ComCom decision is based on a report from the Swiss Antitrust Authority, i.e. the Swiss Federal Competition Commission (“Competition Commission”) issued in February 2000. In the report, the Competition Commission stated that Swisscom dominates the market in the Swiss local loop as a whole.

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In the absence of corresponding price information from Swisscom, ComCom had to set the prices on the basis of comparative European values (benchmarking).The price reductions, which have been decreed, vary according to capacity and distance and amount to between 14 and 63 per cent. ComCom does not judge the circumstances presented by Commcare to be a case of unbundling of the local loop.However, this question is the subject of another interconnection request, which was submitted in July 2000 by another new entrant, diAx AG. The author believes that the present decision shows a certain readiness of the Swiss Regulator to facilitate competition by submitting leased lines to the interconnection regime. Taking into consideration the European move towards unbundling, it can be said that Switzerland will not walk very much behind the other European countries.For more information, see :www.fedcomcom.ch or contact : m.bernasconi@baerkarrer.ch

UKBROADBAND FIXED WIRELESS ACCESS AUCTION

Broadband Fixed Wireless Access Auction offers multimedia access via radio links instead of telephone lines. The United Kingdom Government is auctioning 3 licences in the 27.5 to 29.5 GHz waveband in each of the 14 English regions, plus Scotland, Wales and Northern Ireland – a total of 42 licences in all. A successful bidder will be able to hold just one licence in each licence area, but will be able to hold a licence in any number of licence areas.Reserve prices range from £100,000 to £4 million. The bandwidth on offer to customers is substantially up to 1555 megabits, though speeds of around 37 megabits are likely to be more common. The auction start date was provisionally set for 16th October 2000 but it has been delayed until 10th November 2000. The Radiocommunications division of the DTI is spending more time on checking that bidders will not have any unfair advantages or a conflict of interest in the auction.For more information see : http://www.olswang.comor contact : Cdl@olswang.co.uk

UKLOCAL LOOP UNBUNDLING

The commercial and regulatory processes for implementing full unbundling continue. Most recently Oftel has issued a consultation document with a view to resolving a dispute that has arisen between operators as to how available space in BT's exchange is to be utilised.Meanwhile a request and complaint has been filed with Oftel by an industry group of operators for Oftel to determine BT's terms and conditions of service for local loop unbundling, which the operators consider unreasonable and anti-competitive. Oftel has also recently published proposals for shared access to the local loop.For more information see : http://www.olswang.co m or contact : Cdl@olswang.co.uk

10. NUMBERINGSPAIN

TECHNICAL SPECIFICATIONSOF NUMBER PORTABILITY AMENDED

Pursuant to a Resolution dated 6th June 2000, the Spanish Regulator (the “CMT”) approved the technical specifications applicable to mobile number portability.

The specifications referred to include network solutions for number conservation in case of change of public

mobile telephony networks operator; administrative procedures for the implementation of number portability

in cases of changes of mobile networks operator.With regard to bullet point two above, there are a number of causes which may be brought forward by the requested operator to refuse the granting of number portability, one of them being “the existence of non settled financing corresponding to a terminal with a simlock, always provided that this blocking modality has been contractually accepted by the customer”.The mobile operator, Retevisión Móvil S.A., appealed the aforementioned resolution on 13th July 2000, requesting that the above cause for refusal was removed. The appeal was accepted by the CMT on the grounds that the above measure was nothing but a precautionary measure to avoid prejudicial effects derived from a situation, which had not yet been verified. Likewise, the CMT has reserved the application of this cause for refusal of the granting of portability should the situation of the market require it in the future.For more information, see :http://www.cmt.es/cmt/document/decisiones/RE-00-08-10-06.pdfor contact : Aam@gomezacebo-pombo.com

11. TELECOMMUNICATIONSARGENTINA

NEW RULES FOR TELECOM SERVICESOn 3rd September 2000, the President issued Decree 764/2000 ("Decree") on the new rules for the future deregulated telecommunication service market.The Decree provides procedures and pre-requisites necessary to apply for telecommunication licenses, the rates to be paid by new providers using networks owned by other providers, the basic universal service to be rendered by licensees and the controlling authorities.Being the commencement of deregulation effective from 9 th November 2000, the Decree is of fundamental importance for the telecommunication's market.For more information and full text of Decree see :http://infoleg.mecon.gov.ar/txtnorma/64222.htmor contact : gonzaloz@mille.com.ar

BRAZILNEW GUIDELINES

FOR PERSONAL COMMUNICATION SYSTEMOn 21st September 2000 the Brazilian regulatory agency for telecommunications - Agência Nacional de Telecomunicações (“ANATEL”) approved Resolution No. 235/2000 thus providing guidelines for implementing Personal Communications Systems (“PCS”) as the successor of the Cellular Mobile Service (“SMC”) in Brazil.According to the guidelines, the Brazilian territory was divided into three regions, corresponding to the same regions established in Brazil’s General Granting Plan for Switched Fixed Telephone Service. In each of these regions, ANATEL will be granting three new authorizations for wireless services, generally designated as Sub-bands C, D and E.Under the current schedule, ANATEL expects to adopt additional regulations for the PCS service before the end of 2000.Draft rules were released in September for comments and the auction is initially set to take place in January 2001.ANATEL has taken advantage of the PCS auctions to reshape the wireless regulatory scenario in Brazil, prompting a strong reaction from the current

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wireless operators, which will be given the choice to adapt to the new PCS rules or to continue to abide by the mobile regulations that were issued before the General Telecommunications Law was enacted in 1997.For more information, see : http://www.anatel.gov.bror contact : rapdecunto@pinheironeto.com.br

IRELANDNEW COMMUNICATIONS REGULATION

On 11th September 2000 the Irish Minister for Public Enterprise published the Communications Regulation Bill, 2000. The aim of this Bill is to improve competitiveness in the telecommunications market. The Bill takes account of the recently published proposals for reform of the new European regulatory framework.The main proposals of the Communications Bill are to :

replace the Director of Telecommunications Regulation with a multi-member Commission for Communications Regulation (the “Commission”);

broaden the scope of the powers of the Commission in the exercise of its functions in light of the emerging EU regulatory framework;

to provide for effective powers of enforcement of the Commission’s decisions.

For more information see : www.irlgov.ie/tec/publicationsor contact : Mccann-Fitzgerald@pophost.eunet.be

ITALYUNIVERSAL SERVICE OBLIGATIONS

The Italian Communications Agency, on September 7 th 2000 issued a Decree on Universal Service Obligation (USO) entitled Decree n. 8/00/CIR. The Agency presumes that according to the competition conditions of the Italian telecommunications market during 1999, there are the requirements for the establishment of the fund.Pursuant to the Decree, the following companies are subject to USO : Telecom Italia, Infostrada, Omnitel and Telecom Italia Mobile. Each operator will have to contribute to the funding of USO following this proportion : 57,1% Telecom Italia; 1% Infostrada; 13,8% Omnitel Pronto Italia and 28,1% Telecom Italia Mobile.For more information, and the text of the decree, see the Communications Agency's web site at : http://www.agcom.it/provv/d_8_00_CIR.htmor contact : Cugia@mailandnews.com

MEXICOTELECOM REGULATIONS AMENDMENT

The President’s transition team is preparing a project to amend article 28 of the Mexican Federal Constitution as well as the current Federal Telecommunications Law. The purpose of such an initiative will be to “clarify” the legal framework, grant broader autonomy to the Mexican Federal Communications Commission (COFETEL), create objective regulatory criteria and increase the penetration of telephony services. The amendment to article 28 will seek to regulate the operation of dominant entities in the telecommunications industry.According to one of the President’s advisors, the telecommunications sector in Mexico is limited due to the loss of credibility in the principles set forth under the law and the vast amount of legal proceedings at the national and international levels. The last time article 28 of the Mexican Federal Constitution was amended was on 1995 when, in the light of impending privatization of the Mexican satellite industry formerly operated by the Mexican government through Telecomunicaciones de México, passed from being considered a “strategic activity” to a “prioritary activity”.For more information see : www.cft.gob.mx, or contact aam@bstl.com.mx

UKRAINETELECOM LIBERALISATION

Telecommunications liberalization is well under way in the Ukraine as firstly there has been approval of the Law of Ukraine “On Privatization Peculiarities of Ukrtelecom” dated 13th June 2000 #1869-III by the Verchovna Rada of Ukraine. This law envisages the extent of the privatization as well as the entities that will participate in the privatization process, etc. It is contended that this Law creates a new era in the Ukrainian telecommunication market.Secondly, there has been approval of the Law of Ukraine “On Radiofrequency recourse of Ukraine”, dated 1st June 2000, #1770-III. This Law determines legal, organizational and economic grounds of management and usage of radiofrequency recourse of Ukraine, regulates relationships and determines authorities of the bodies that carry out state management in the field of usage radiofrequency recourse, and rights and obligations of the users of radiofrequency recourse. This Law sets forth obligatory monthly fees for actual usage of radiofrequency recourse.Finally, the draft law “On Telecommunication” is under discussion in the Verchovna Rada. This Draft shall meet the requirements of today’s rapidly developing telecommunications market. It envisages the establishment of an independent regulatory body – the National Commission on Telecommunication Regulation, which will oversee functions such as licensing, certification and control over telecommunication services.For more information, see : www.alpha.rada.kiev.uaor contact : btv@lawgris.carrier.kiev.ua

12. WEB SITESGENERAL

The Cyberlaw Encyclopedia provides access to a wealth of material pertaining to technology law.http://www.gahtan.com/cyberlaw

SWEDISH WEB SITESThe Swedish Government : http://www.regeringen.seThe Swedish Parliament : http://www.riksdagen.seRixlex : http://www.riksdagen.se/debatt/index.asp Search for Swedish laws, governmental proposals and official reports.PRV : http://www.prv.se The Swedish Patent and registry office.PTS : http://www.pts.se The National Post and Telecom Agency.NIC-SE : http://www.nic-se.se The Swedish domain name registration authority.The Association of the Swedish IT and Telecom Industry : http://www.sito.se The association represents companies developing, manufacturing, marketing and servicing IT and telecom products.

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ISSUE 5 NOVEMBER – DECEMBER 200012

13. EDITOR / EDITORIAL BOARDEDITOR : Stéphan LE GOUEFF, Luxembourg,

Country Firm Contact E-mail Site

EUROPEAustria Dorda, Brugger & Jordis Stephan POLSTER Stephan.polster@dbj.at www.dbj.at

Belgium De Bauw & Maeyaert Herman DE BAUW h.debauw@dbmlaw.beFinland Roschier-Holmberg & Waselius Craig Thompson Craig.thompson@rhw.fi www.rhw.fiGermany BBLP - Beiten Burkhardt Mittl & Wegener Oliver ZANDER Oliver.zander@bbmw.de www.bbmw.de Greece Kokkas & Kanellos Associates Léonidas KANELLOS Goal@eexi.gr

Ireland McCann Fitzgerald Damian COLLINS Mccann-Fitzgerald@pophost.eunet.be www.mccann-fitzgerald.ie

Italy Studio Legale Tonucci Fabrizio CUGIA Cugia@mailandnews.com Luxembourg / European Union Le Goueff@vocats.com Stéphan LE GOUEFF Le_goueff@vocats.com www.vocats.com

Norway Thommessen Krefting Greve Lund Arne RINGNES Arne.ringnes@tkgl.no www.tkgl.no Portugal Vieira De Almeida & Associados Margarida COUTO mc@vieiradealmeida.pt Spain Gomez Acebo & Pombo Almudena ARPONde MENDIVIL Aam@gomezacebo-pombo.com www.gomezacebo-pombo.comSweden Advokatfirman Lindahl Erik BERGENSTRÄHLE erik.bergenstrahle@lindahl.se www.lindahl.se Switzerland Bär & Karrer Michael BERNASCONI m.bernasconi@baerkarrer.ch www.baerkarrer.ch The Netherlands Kennedy Van der Laan Coen E. DRION Coen.drion@kvdl.nl www.kvdl.nl Ukraine Grischenko & Partners Sergei A. VOITOVICH btv@lawgris.carrier.kiev.ua www.lawgris.kiev.ua United Kingdom Olswang Colin LONG Cdl@olswang.co.uk http://www.olswang.co.uk

NORTH AMERICACanada McCarthy Tétrault

Montreal : Michel RACICOTToronto : Lorne SALZMAN

mracicot@mccarthy.ca lsalzman@mccarthy.ca

www.mccarthy.ca

USA Fried Frank Harris Shriver & Jacobson Thomas P. VARTANIAN Vartath@ffhsj.com www.ffhsj.com

CENTRAL & SOUTH AMERICAArgentina Estudio Millé Gonzalo ZORRILLA gonzaloz@mille.com.ar http://www.reis.com.ar/estudiomille Brazil Pinheiro Neto – Advogados Raphael de CUNTO rapdecunto@pinheironeto.com.br www.pinheironeto.com.br

Mexico Barrera, Siqueiros y Torres Landa, S.C. Andrés ACEDO aam@bstl.com.mxVenezuela Hoet Pelaez Castillo & Duque Fernando PELAEZ-PIER fpelaez@hpcd-abogados.com www.hpcd-abogados.com

ASIA PACIFICIndia Nishith Desai Associates Vaibhav PARIKH vaibhav@nishithdesai.com www.nishithdesai.com Malaysia Zaid Ibrahim & Co. Julian DING julian.ding@my.zaidibrahim.com China /Hong Kong Johnson Stokes & Master David ELLIS dae@jsm.com.hk New Zealand Bell Gully David G. BOSWELL david.boswell@bellgully.co.nz http://www.bellgully.co.nz

AFRICA & MIDDLE EASTEgypt Kamel Law Office Mohamed KAMEL angela@brainy1.ie-eg.com www.ie-eg.com/kamellaw Israël Soroker – Agmon Law Offices Jonathan AGMON mail@ip-law.co.il Nigeria Paul Usoro & co Paul USORO paul@paulusoro.com www.paulusoro.com South Africa Webber Wentzel Bowens Peter GREALY peterg@wwb.co.za www.wwb.co.za UAE Afridi & Angell Antony WATSON aaadh@emirates.net.ae www.afridi.com

14. TABLE OF CONTENTS BY COUNTRYCountry Title Category

ARGENTINANew domain names rules INTELLECTUAL PROPERTY

New rules for telecommunications services TELECOMMUNICATIONS

AUSTRIA UMTS license auction MARKET ACCESS

BELGIUMLiberalization of the top level domain name INTELLECTUAL PROPERTY

Surveillance of computer systems DATA PROTECTION

BRAZILData protection rules DATA PROTECTION

New guidelines for personal communication system TELECOMMUNICATIONS

CANADA

DSL service providers obtain clec-like status MARKET ACCESS

E-commerce regulations ELECTRONIC COMMERCE

New domain name rules INTELLECTUAL PROPERTY

PCS spectrum auction MARKET ACCESS

EU

Asserting jurisdiction over internet sites COMPETITION

Draft cybercrime convention COMPUTER CRIME

E-commerce code of conduct ELECTRONIC COMMERCE

Local loop liberalisation MARKET ACCESS

Safeguarding transfer of personal data DATA PROTECTION

FINLAND Information society services protection INFORMATION SOCIETY POLICY

GERMANY “Power-Shopping” declared illegal ELECTRONIC COMMERCE

EGYPTE-commerce trends ELECTRONIC COMMERCE

Information and decision support center INFORMATION SOCIETY POLICY

HONG KONG Validity of standard form contracts CONSUMER PROTECTION

IRELANDNew communications regulation TELECOMMUNICATIONS

Telecommunications licence procedures MARKET ACCESS

ITALYStream-telepiu’ MARKET ACCESS

Universal service obligations TELECOMMUNICATIONS

LUXEMBOURGDraft decree on electronic signatures DIGITAL SIGNATURES

Internet auto-regulation INFORMATION SOCIETY POLICY

MEXICO

Dominance rules challenged COMPETITION

New rules on dominance COMPETITION

Telecom regulations amendment TELECOMMUNICATIONS

NEW ZEALAND Report on telecommunications inquiry INFORMATION SOCIETY POLICY

NORWAY Electronic signatures bill DIGITAL SIGNATURES

PORTUGAL Bids for UMTS licences submitted MARKET ACCESS

Country Title Category

Rules for carrier pre-selection MARKET ACCESS

SOUTH AFRICA Additional damages for copyright infringement INTELLECTUAL PROPERTY

SPAIN

Internet interconnection rates approved MARKET ACCESS

Management of “.es” domain names INTELLECTUAL PROPERTY

Technical specifications of number portability amended NUMBERING

SWITZERLAND Regulator orders lower leased line prices MARKET ACCESS

SWEDEN

1 year withdrawal right for e-consumers ELECTRONIC COMMERCE

Overview of e-mail advertisement rules ELECTRONIC COMMERCE

Swedish web sites WEB SITES

UKRAINE Telecom liberalisation TELECOMMUNICATIONS

UK

Broadband fixed wireless access auction MARKET ACCESS

Interception of communications ELECTRONIC COMMERCE

Local loop unbundling MARKET ACCESS

USAccount aggregation and privacy CONSUMER PROTECTION

Electronic payment systems ELECTRONIC COMMERCE

Contact “the l.i.n.k.” at : editor@the-link.lu

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