[Nettime-bold] Say NO to LSSI. Freedom of Speech in Danger in Spain

[Ruben <jrbm@telepolis.com>]

Hi all,

Say NO to LSSI. Freedom of Speech in Danger in Spain.

Freedom of expression is in real danger now in Spain If the Electronic
Commerce (Society of Information Services) Directive is approved, most
websites that are not "properly" registered would be considered illegal
and have to face enormous fees which will in fact paralyse their
activity forever.

This directive -ready to be approved in the Spanish Parliament any
time- has invented the concept of "society of information services" and
wants to legislate plain exchange of information as an economic
activity, ruling out therefore, any publisher -like NGOs- which do not
really perform any commercial activities and can not face all the legal
and bureaucratic activities that the Electronic Commerce (Society of
Information Services) Directive wants.

According to article 2, free distribution of information, even if it
implies no direct payments from customers is an "society of information
services" and, therefore, subjcet to this electronic commerc directive.
You don't have to be paid to be considered an actor in the  "society of
information services": as it is stated later in the article 2,  search
engines or on-line compilation of information are also  "society of
information services", which means that news digests, electronic
libraries, a repository of academic papers, NGOs that publish regular
news about violations of human rights... have to conduct their actions
in cyberspace according to an electronic commerce directive, which is
absolutely preposterous.

Strangely enough, the only exceptions considered under this article
are: Public Broadcasting -TV and Radio, TV Teletext" but no reference
to NGOs, universities...e-mail is also excluded, as long as you don't
use it for "society of information services", but then, if you are an
NGO and keep a newsletter about human rights violations you are again
liable under this directive.

As you can see, the scope of this directive is not at all electronic
commerce, but the whole Internet. Article 50 makes it mandatory to
register any webs related to these "Services". Therefore this directive
may turn ilegal any website that has not been publicly registered and
has its own domain name  (most websites in Spain, as you may suspect).
Article 50 stablishes a fee of 90.000 euros! If there is a "lack of
communication to the public register in which they are registered, of
the domain name or names which they use to offer society of information
services".

Article 11 makes impossible anonymous websites. According to this
article, it is mandatory to give your

a) Name, social/commercial address.
b) All the data submited to a commercial/public register

Plus several extra data if you are really developing electronic
commerce activities.

Also see that, as long as you are a "society of information services"
provider it is mandatory to present data under b), the data submitted
to a register, this clearly imply that you *must* register before
opening a website. So, even if you don't mind to put your own name, but
you are not registered anywhere, it means you are violating article 11
as well.

Also article 30 makes it mandatory to conduct all the operations with
the user as if it was a commercial transaction: that is, you have to
provide a proper contract, language of choice and several other
measures that make sense if we are considering a prper commercial
transaction, but which are nonsensical if we are talking about just
people exchanging information in the web.

Let's consider this hypothetic case: a registered NGO in Spain with no
funds to get a proper domain name or webspace has decided to put a
website where they inform about human rights in Spain. They offer
webpages with general information plus a mailing list devoted to these
issues. According to the law, they should have registered a domain
name, but they haven't, plus they are "publicizing some activities" and
they didn't register themselves anywhere, so that's another illicit
act, both violates article 50.4. Plus, they are not conducting this
exchanging of information with a proper commercial model, so they are
also violating article 30.

Even worse, if they want to be anonymous, which is understandable if
they are dennouncing human rights violations in Spain, they are also
breaking article 11.

All together, this poor NGO  could be faced with a fee of 29.000.000
pesetas (aprox 175.000 euros) just for publishing a website. The
message for corrupt politicians/judges is clear. If there is some
annoying group which keeps an annoying website, just use the directive
and fry them with enormous fees.



ˇFUERA LA LSSI YA!:
 http://www.kriptopolis.com





If you consider joining our campaign, please cut and paste the letter below and
email it to info@mcyt.es.



Excma. Sra. Anna Birulés i Bertran
MINISTRA DE CIENCIA Y TECNOLOGIA
Spain


Madam, 

In due respect, I hereby request you to recall the first draft of the Law of
Society of the Information Services and of Electronic Commerce,
which appears published for public consultation at the Internet
address http://www.setsi.mcyt.es/novedad/consulta_anteproyecto.htm.
Likewise, it’s also hereby requested the immediate dismissal of the politicians
who are responsible for the redaction of the first draft above, since their
performance has proved an absolute ignorance of what internet does represent for
the development of the Spanish society.

To my to understanding,  the text of the first draft means the end of
the Spanish Internet, conceived as a free space, since it establishes previous
censorship of the present contents in the Net, as well as administrative
obstacles of impossible fulfilment for all those initiatives that allow to
publish free information in the Spanish Net.

The above mentioned first draft contradicts all the declarations 
made either by you and by the President of the Government, 
Excmo. Mr. Jose Maria Aznar, to the effect that the evolvement of the Internet
in Spain could be fomented, and very specially the Action Plan infoXXI,
advertised from the Ministry that you have the honour and the responsibility to
conduct.


(N A M E)

(I D E N T I T Y  C A R D)



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