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20120822 schubert alpbach_final
 

20120822 schubert alpbach_final

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Presentation held by ISPA secretary general M. Schubert at European Forum Alpbach 2012

Presentation held by ISPA secretary general M. Schubert at European Forum Alpbach 2012

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    20120822 schubert alpbach_final 20120822 schubert alpbach_final Presentation Transcript

    • „between a rock and a hard place“Maximilian Schubert21.08.2012, EFA 2012 - Alpbach
    • Overview About ISPA Implementation Data Retention Directive Official Requests for Information by LEA Outlook & Future Challenges
    • About ISPA • Founded 1997 • Approximately 200 members from the fields of access, hosting, content, services etc. – 75 % purely Austrian companies – 25 % are part of international organizations – Two thirds of members have up to 25 employees – 50% more than € 1 Mio. annual turnover – Customer structure 60% mainly business customers 10% mainly private customers 30% both
    • ISPA’s mission statement„ISPA is the Austrian association of InternetService Providers, representing approximately200 ISPs. ISPA is the major voice of the AustrianInternet industry. Our goal is to shape theeconomic and legal framework supporting optimalgrowth of the Internet and Internet services. Weregard the use of the Internet as an importantcultural skill and acknowledge the resulting socio-political responsibilities.”
    • Stopline.at- an International Success Story - ISPA founded Stopline.at, the Austrian internet hotline for • Child Pornography – § 207 a StGB (Austrian Penalty Act) • National Socialist (‘Nazi’) Offences – VerbotsG, Abzeichengesetz Reports are handled anonymously, no feedback is provided. “Deletion instead of blocking & filtering”
    • Stopline - workflow
    • Number of illegal content found remainsrelatively stable 6000 5000 4000 3000 2000 1000 0 2009 2010 2011 2006 2007 2008 2003 2004 2005 2000 2001 2002 1999 Potentially illegal reports Incoming reports
    • Some numbers More than 21.000 reports since 1998; continuous increase, most likely due to increased awareness. ● Approx. 16% of all reports refer to obviously illegal content ● Approx. 95% of valid reports refer to child pornography ● Approx. 5% of valid reports refer to national socialist offences In 2011 in only one case illegal content was found to be hosted by an Austrian ISP.
    • Overview About ISPA Implementation Data Retention Directive Official Requests for Information by LEA Outlook & Future Challenges
    • Timeframe for the implementation 2006 2007 2008 2009 2010 2011 2012 t 2006 Feb 2009 Dec 2011Enactment of Assignment of a Publication ofDR-Directive Human Rights Institute first tech. spec. 2007 Nov 2009 May 2011 1st April 2012 Failure of the 1st Draft of revised Enactment of commencement implementation Telecommunications national acts of retention duty Act (TKG) July 2010 30th of March 2012 ECJ: Infringement Enactment of decree for of EU law reimbursement of costs late March 2012 planned go-live of the data exchange interface (“Durchlaufstelle”; DLS)
    • Data Retention in Austria - Factsheet• Retention of traffic data, no content data (Access-IP, mobile communication, Email)• Retention for a maximum period of six month• Access to retained data only for criminal offences• Exceptions for small ISPs and certain technologies (approx. EUR 300.000 yearly turnover, public ISPs, NAT/PAT)• Data remains with the IPS, exchange interface (DLS) and use of CSV-Files to prevent data mining• No “ex ante” safeguards for lawyers, doctors, etc.
    • ISPA actively participated in theimplementation ISPA helped to scope an interface (DLS) which facilitates the secure and transparent exchange of information (CSV-File), while providing a high level of security and transparency. DLS could provide information on the total number of requests for information!
    • Data Retention in Austria- Summary - The Good • Legal definition of “dynamic”-IP-Adr • High degree of security through DLS The Bad • Very incoherent legal framework & numerous delays The Ugly • No requirements for judicial decree & no minimum sentence required for most important cases (e.g. IP-Adr.) • Incomplete statistics
    • Overview About ISPA Implementation Data Retention Directive Official Requests for Information by LEA Outlook & Future Challenges
    • Cooperation with LEA:continuous improvement • Numerous and lengthy legal disputes concerning “dynamic IP-addresses” within last couple of years. • Reference by the Austrian Supreme Court (OGH) to the European Court of Justice on this matter • Clarification through adaption of the Austrian Telecommunications Act §92 Par 3 Z 16 TKG  ISPA position paper and sample answers provide guidance for ISPs and LEAs.
    • ISPA supports members and LEAs • formal requirements (e.g. request in writing) • substantial requirements (within 48hrs, continuing danger)
    • Requests for information underAustrian Law – legal environment • Requests for information can be based on different legal grounds - Telecommunications Act 2003 (TKG) - Security Police Act (SPG) - Criminal Procedure Act (StPO) - eCommerce Act (eCommG) - Federal Act Against Unfair Competition (UWG)
    • Overview About ISPA Implementation Data Retention Directive Official Requests for Information by LEA Outlook & Future Challenges
    • Future challenges for ISPs- Intermediary Liability - Directive 2000/31/EC Directive on electronic commerce Article 14 Hosting 1. Where an information society service is provided that consists of the storage of information provided by a recipient of the service, Member States shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, on condition that: (a) the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or (b) the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.
    • Future challenges for ISPs- ACTA et al - Anti-Counterfeiting Trade Agreement - ACTA [3.12.2011] Art 27 ENFORCEMENT IN THE DIGITAL ENVIRONMENT 2. Further to paragraph 1, each Party’s enforcement procedures shall apply to infringement of copyright or related rights over digital networks, which may include the unlawful use of means of widespread distribution for infringing purposes. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party’s law, preserves fundamental principles such as freedom of expression, fair process, and privacy.1 1Forinstance, without prejudice to a Party’s law, adopting or maintaining a regime providing for limitations on the liability of, or on the remedies available against, online service providers while preserving the legitimate interests of right holder.
    • Future challenges for ISPs- Net Neutrality - Net Neutrality vs. Network Management
    • Future challenges for ISPs- Net Neutrality - Net Neutrality vs. Network Management
    • Future challenges for ISPs- Privacy -
    • Future challenges for ISPs ● Continuous improvement of awareness about the safe use of the Internet (e.g. Stopline.at, saferinternet.at) ● Efforts to reduce legal uncertainty as to the liability of ISPs for illegal conduct by their customers ● Contribution to the discussion on copyright and its enforcement
    • Contact details:Email: maximilian.schubert@ispa.atPhone: +43 1 409 55 76Web: www.ispa.at
    • BACKUP BACK UP
    • BACKUP NAT/PAT
    • Explanation: NAT/PAT internal IP: 10.xxx.xx1 internal IP: 10.xxx.xx2 Ports Öffentliche POOLADRESSEN 10.xxx.xx7 Port_a IP_a_194.xxx.xxx.xxa 10.xxx.xx1 Port_b IP_b_194.xxx.xxx.xxb 10.xxx.xx2 Port_c IP_c_194.xxx.xxx.xxc 10.xxx.xx3 Port_xy IP_xy_194.xxx.xxx.xxd 10.xxx.xx4 PAT NAT internal IP: 10.xxx.xx3 Public IP 194.xxx.xxx.xxb Port a Internal IP: 10.xxx.xx5 Public IP 194.xxx.xxx.xxb Port b Ports differ Public IP 194.xxx.xxx.xxb Port c internal IP: 10.xxx.xx1 IP-Adr. identical
    • Explanation: NAT/PAT Even after the implementation of the data retention Directive in Austria ISPs are not under the obligation to store internal IP: 10.xxx.xx1 NAT (internal IP addresses) and PAT (Port) information, as such information also had not been stored before the implementation. internal IP: 10.xxx.xx2 Ports Öffentliche POOLADRESSEN 10.xxx.xx7 Port_a IP_a_194.xxx.xxx.xxa 10.xxx.xx1 Port_b IP_b_194.xxx.xxx.xxb 10.xxx.xx2 Port_c IP_c_194.xxx.xxx.xxc 10.xxx.xx3 Port_xy IP_xy_194.xxx.xxx.xxd 10.xxx.xx4 PAT NAT internal IP: 10.xxx.xx3Requests must not be answered by the ISP, if the information Public IP 194.xxx.xxx.xxb Port aprovided would identify a “larger number” of subscribers Internal IP: 10.xxx.xx5 Ports differ(“größere Anzahl” von TeilnehmerInnen). Public IP 194.xxx.xxx.xxb Port b Public IP 194.xxx.xxx.xxb Port c internal IP: 10.xxx.xx1 IP-Adr. identical