IP: NEXT LAYER OF DETAIL ON SINGAPORE

[Dave Farber <farber () central cis upenn edu>]

Dave:


If you want the next layer of detail on the Singapore pronouncement,
here is a slightly edited version.
                        ww


------- Forwarded Message


Full text available at  http://www.sintercom.org/sba.html


                             NEWS RELEASE


                            DATE OF ISSUE
                        THURSDAY, 11 JULY 1996


                  SBA SAFEGUARDS COMMUNITY INTEREST
                     THROUGH INTERNET REGULATION


     The Singapore Broadcasting Authority (SBA) held a press
conference to announce the Class Licence Scheme for regulating the
Internet today. It reiterated its commitment to safeguard the interest of
the Internet community while promoting the healthy development of the
industry.


[deleted]


5       The success of the Internet regulation will depend very much on
industry self-regulation and community action. Singaporeans can help
SBA in the identification of objectionable sites in order to keep
cyberspace clean. SBA welcomes public feedback on objectionable
content found on the Internet. Members of the public can write to SBA,
call its toll-free hotline at 1800-273 3592 or post their views on the SBA
homepage at http://www.gov.sg/sba.


[deleted]


8       The Class Licence Scheme takes effect on Monday, 15 July 1996.


[deleted]


                                                        ANNEX A


                        THE CLASS LICENSE SCHEME


Introduction


     The Class Licence Scheme is intended to be an automatic licensing
scheme where services under the class license automatically deemed
to be licensed and they have to comply with the licence conditions
required for the class. This class licence mechanism is aimed at reducing
operational and administrative load of licensees so that they do not have
to individually approach SBA for a licence.


2       The Class Licence Scheme will cover Internet Service Providers
and Internet Content Providers.


Internet Service Providers (ISPs)


3       There are three classifications of ISPs, namely, Internet Access
Service Providers (IASPs), Localised Internet Services Resellers and
Non-Localised Internet Service Resellers.


4       Internet Access Service Providers (IASPs) refer to the three IASPs
licensed under Section 26 of the Telecommunications Authority of
Singapore (TAS) Act, namely Singnet, Pacific Internet and Cyberway.
Localised Internet Service Resellers refer to service providers who
provide Internet services to the public at specific locations, e.g.
cybercafes, libraries, community centres and schools. Non-localised
Internet Service Resellers are network services which obtain Internet
access from the IASPs and resell subscriptions to the public, e.g.
Singapore Network Services and National Computer Systems.


5       SBA recognises that it would be impossible to actively monitor the
Internet to pre-censor objectionable sites. As such, ISPs will only be
required to block out objectionable sites as directed by SBA. For services
that involve subscription, such as newsgroups, ISPs will be required to
exercise judgement on which services to subscribe to, in accordance with
SBA's Content Guidelines (see Annex C).


6       The vast number of sites and the dynamic nature of Internet makes
it impossible to achieve full control at IASP level. SBA encourages
other ISPs to supplement the IASP controls with additional controls at
their networks.


7       Localised Internet Service Providers and parents are encouraged to
use softwares such as NetNanny, Surfwatch, CyberPatrol or Net Shepherd
to guard against access to objectionable materials. SBA encourages the
development of such access control devices.


8       As an additional measure to protect young Internet users, schools,
libraries and other ISPs which provide Internet access to children are
required to institute a tighter level of control. SBA is presently working
with the Ministry of Education and National Library to identify options
for implementing an acceptable level of control.


Internet Content Providers (ICPs)


9       An ICP is any person who provides information on the World Wide
Web including web publishers (e.g. Silkroute Venture, iMedia) and web
server administrators (e.g. National Computer Systems, Sembawang
Media)


10      SBA will focus its regulatory efforts on groups which provide
content on an organised basis. Individuals who put up webpages will be
exempted from the class licence scheme, unless they are operating these
web pages for business, political and religious purposes.


Registration


11      All ISPs will be required to register with SBA. ICPs wilI not be
required to register except for:


        i) Political party/parties registered in Singapore who provide
           page(s) on the World Wide Web through the Internet;


        ii) Group/groups of persons engaged in political or religious
            discussions related to Singapore on the World Wide Web;


        iii) Individuals providing web pages for political or religious
             purposes and who are notified by SBA to register, and


        iv) On-line newspapers targeting sales in Singapore through Internet
            and which are notified by SBA to register.


[deleted]


13.     A licensee who provides a licensable broadcasting service under
        paragraph 3(a) to (e) of the Notification, shall -


        (a) ensure that its service is not used for, or in furtherance of
            games and lotteries, the conduct of which is an offence under
            the Common Gaming Houses Act (Cap.49), unless the
            licensee is exempted from provisions of that Act;


        (b) avoid the broadcast of horse-racing analyses, commentaries
            or tips, other than horse-racing results, for the purpose of
            gambling;


        (c) ensure that its service is not used to advertise, provide or
            otherwise promote -


           (i) astrology, geomancy, palmistry; or
           (ii) any other type of fortune-telling device;


        (d) ensure that its service is not used for the solicitation of
            prostitution, or for any other immoral activity;


        (e) ensure that any professional advice, or any specialist
            consultancy service, offered on its service are offered by
            persons with qualifications recognised by the relevant
            professional bodies in Singapore


        (f) in the case of the broadcast of sound recordings, ensure that
            only sound recordings that are acceptable to the censorship
            section of the Ministry of Information and the Arts are
            broadcast ; and


        (g) in the case of the broadcast of films or video recordings,
            ensure that only films and video recordings that are approved
            by the Board of Film Censors are broadcast, unless the film
            or video recording is one to which the Films Act (Cap. 107)
            does not apply or is one which is exempted from the
            provision of that Act.


[deleted]


                                                        ANNEX C


                   SINGAPORE BROADCASTING AUTHORITY
                     INTERNET CONTENT GUIDELINES


Preamble


        The Internet is a valuable communication and research tool. The
Authority shall continue to promote its use in the dissemination of
information and the exchange of ideas.


2       It is the Authority's duty to safeguard the national interest of
        Singapore and to ensure that the benefits of the Internet are
harnessed for
        the general good of our society. The Authority believes that
regulating the
        Internet would aid in the development of a healthy Internet culture
where
        responsible use of the positive aspects of the Internet is the norm.


3       All licensed Internet service providers and Internet content
        providers are required to comply with these content guidelines and to
        satisfy the Authority that they have taken adequate steps to fulfil th/s
        requirement.


The Internet Content Guidelines


The following Internet contents should not be allowed:


4       Public Security and National Defence


        a.      Contents which jeopardise public security or national
                defence.


        b.      Contents which undermine the public confidence in the
                administration of justice.


        c.      Contents which present information or events in such a way
                that alarms or misleads all or any of the public.


        d.      Contents which tend to bring the Government into hatred or
                contempt, or which excite disaffection against the
                Government.


5       Racial and Religious Harmony


        a.      Contents which denigrate or satirise any racial or religious
                group.


        b.      Contents which bring any race or religion into hatred or
                resentment.


        c.      Contents which promote religious deviations or occult
                practices such as Satanism.


6       Public Morals


        a.      Contents which are pornographic or otherwise obscene.


        b.      Contents which propagate permissiveness or promiscuity.


        c.      Contents which depict or propagate gross exploitation of
                violence, nudity, sex or horror.


        d.      Contents which depict or propagate sexual perversions such
                as homosexuality, lesbianism, and paedophilia.




                      FREQUENTLY ASKED QUESTIONS


             CLASS LICENCE SCHEME FOR BROADCAST SERVICES


GENERAL


Question 1


Would regulating the Internet run counter to Singapore's goal to
establish itself as an information hub?


Answer


It is not SBA's intent to stifle the development of the Internet and stunt
the potential benefit the medium brings. Rather, SBA wants to encourage
the responsible use of the medium. By regulating the Internet, SBA helps
to keep main highways smut free and its true value as an information
source is realised.


Regulating the Internet will boost Singapore's effort to establish itself as
an information hub as it will position Singapore as a visionary and
proactive player in the IT field, keeping abreast of global technology and
business trends, yet at the same time, addressing public concern by
helping to make the medium safe for use by all.


Singapore is not the only country that is coming up with a regulatory
framework for the Internet. The US, which champions free speech, is
actively working on means to contain the spread of indecent material on
the Internet. France has gone one step further and proposed that
countries sign a global convention setting out principles for regulating
the Internet and on-line services in areas such as protection of consumers
and minors.


Question 2


It is necessary to control the Internet to prevent abuses. However,
we should not over-regulate Internet. Many companies have found
the Internet to be very useful. How would SBA strike a balance
between promoting and regulating the Internet ?


Answer


[deleted]


SBA regulates Internet under a class licence scheme, an automatic
licensing mechanism aimed at reducing operational and administrative
burden to the Internet service operators and content providers. SBA will
continue to engage in dialogue with the industry to fine-tune our
regulations as the Internet evolves. SBA will also complement
regulations with public education initiatives to alert parents to ways to
protect their children from objectionable materials and cyberspace
abuses.


SBA needs the co-operation of every user, parents, the media and the
Internet industry to instill a sense of responsibility in the use of
information technology, Only when everyone plays his/her part will the
community be able to develop Internet into a vibrant media for
communication, education and business while preserving the values of
our society.


[deleted]


Question 5


Won't requiring that discussions group (ie political and religious
groups) be registered be tantamount to censoring the Internet, which -
is counter to its development.


Answer


We are not censoring discussion groups. By registering these groups, we
are asking that they behave responsibly. Anonymity breeds
irresponsibility and we don't want the Internet community to become a
platform for inflammatory and possibly insidious discussions which
could incite religious and racial discord.


Question 6


How is SBA going to ensure that the regulatory framework serves
the purpose of protecting values and at the same time, promote the
technology?


Answer


SBA has and will continue to engage in close consultation with industry
in implementing its regulatory framework. In particular, we will pay
close attention to systems performance issues.


The Ministry of Information and the Arts will be appointing an
Electronic Information Services Advisory Council (InfoCouncil) to
advise on the regulation of electronic information services. The
InfoCouncil will comprise prominent members of the industry and the
public. SBA will refer issues of regulatory concern to the InfoCouncil to
gain an additional perspective on industry and communiry concerns.


Question 7


Is e-mail and mass mailing to a group considered broadcasting?


Answer


E-mail is considered as private communication and is therefore outside
SBA's purview. SBA recognises that mass mailing verges on
broadcasting and will monitor developments to determine appropriate
measures if it begins to undermine public morals, religious harmony and
national security.


Question 8


Can SBA be more specific as to which areas are considered
broadcast medium (within the Internet) ?


Answer


SBA will not be regulating private communications between two
individuals or parties. What is of concern is information that is readily
and easily accessible by members of the public. These areas include the
popular World Wide Web and the newsgroups wiere information of both
conuversial and sensitive nature can easily posted. SBA will focus
attention on these areas as a start.


Question 9


Terms like "objectionable contents" and "undermining public
morals and values" are ambiguous. It leaves a lot of room for
interpretation and speculation. How does SBA decide what is against
content guidelines?


Answer


SBA has drawn up content guidelines for Internet, which elaborate on
what constitutes objectionable content. These guidelines reflect national
values and standards and are adapted from existing standards which we
impose on the print and broadcast medium. These guidelines can be
accessed on SBA's web site at http://www.gov.sg/sba.


Content will be evaluated based on a fair and objective assessment.
Certain cases, such as pornography and explicit sexual materials, will be
clear-cut. For those that are not so transparent, the context of the
content, the perceived intention or motive of the content provider, the
damage or potential damage that could be caused by the content, and
such other relevant factors will be taken into consideration when SBA
makes the assessment.


MITA will be appointing an Electronic Information Services Advisory
Council (InfoCouncil) to advise SBA's regulatory approach for Internet
and other electronic services. SBA will draw views from this committee
on the assessment of objectionable content. The InfoCouncil will
comprise professionals, academicians, educationists and persons of social
standing from a segment of our society. This will inject some
objectivity into our judgement process.


[deleted]


Question 11


How far is the liability of ISPs pertaing to content on the Internet?


Answer


According to the licencing framework, ISPs are required to exercise best
efforts in ensuring that file main information highways are kept clean.
SBA does not want this task to be onerous on the ISPs so they are only
required to block out web-sites as directed by SBA and observe SBA's
content guidelines in determining which newsgroups to subscribe to.


SBA regards ISPs as having secondary responsibility with regards to
content, as opposed to content providers who originate the content.


Question 12


Will newsgroups be affected ? What about chatgroups ?


Answer


Newsgroups, which are the equivalent of public bulletin boards, will be
included in the regulatory framework as far as ISs are concerned. For
ICPs, we will focus attention on web sites. SBA's framework is based on
areas which have broadcast impact. For chatgrous, SBA is monitoring
its evolution closely, If the need arises, SBA will determine appropriate
measures to counter its possible abusive effects on society.


Question 13


If an individual or groups post objectionable messages on the
Internet in a cyber cafe, how will regulations be imposed to control
this?


Answer


In such cases, the laws of Singapore will apply. The nature of the
Internet is such that it is difficult to gain full control of what is being
posted and received. In this respect, SBA encourages the responsible use
of the medium. It must not be a platform for abuse. SBA will require
service operators to remove objectionable messages and keep adequate
audit trails to assist with investigations.


The legal framework surrounding the electronic medium requires fine-
tuning in Singapore, as in the rest of the world. SBA is working with the
relevant agencies to ensure that our laws adequately address the Internet
environment.


Question 14


Is it an offence if a Singapore site was liked to another site which
was further linked to a site containing undesirable material?


Answer


Responsibility for links to undesirable sites/material would depend on
the intent and level of the links involved. Links to a site which contains
a single objectionable link/material amongst many useful ones would be
treated differently from one that was dedicated to objectionable
links/material. Similarly, a Singapore site that has indirect links to an
objectionable site will be held less responsible than one with direct links
to objectionable sites.


[deleted]


Question 16


How will SBA ensure that service operators implement 'best efforts'
to safeguard against the broadcast of objectionble content on the
Internet?


Answer


SBA has had numerous dialogue sessions with the service operators to
determine acceptable limits and mechanisms for implementing access
controls which can serve our objective of limiting easy access to
objectionable sites without affecting systems performance. The service
operators will have operate within these initially agreed parameters.


SBA will conduct spot-checks to ensure that licensees comply with these
guidelines.


Given the dynamic nature of the medium, SBA will encourage an open
channel of communication throughout the course of implementation so
that new developnmnts are noted and if necesssry acted upon.