Frisch eingetroffen von Kriptopolis

Frisch eingetroffen von Kriptopolis

SOME LEGAL INFO IN ENGLISH


(1) Scope of application. Excessively ample, clearly surpassing the
supposedly underlying European Directive.

The Law creates the concept of "services of the society of the
information", that includes, in addition to the hiring of goods and
services by via electronics, the provision of information by this
means (like which they carry out the newspapers or magazines that can
be in the Network), the activities of intermediation relative to the
access provision in the Network, to the data transmission by networks
of telecommunications, to copy the temporary accomplishment of the
pages of Internet asked for by the users, to the lodging in the own
servants of information, services or applications facilitated by
others or to the provision of instruments search or connections to
other sites of Internet, as well as any other service that is lent to
individual request of the users (unloading of archives of audio
video or...), whenever it represents an economic activity for the
lender.

These services are offered by the operators of telecommunications, the
suppliers of access to Internet, the motors of search or any other
subject who have a site in Internet through which he makes some of
the indicated activities, including the electronic commerce.

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(2) Faculties so that an administrative agency orders the closing of a
Web without judicial intervention:

Articulo 8. Restrictions to the benefit of services.

1. In case that a certain service of the society of the information
attempts or can attempt against the principles that are expressed
next, the competent organs for their protection, in exercise of the
functions that they have legally attributed, will be able to adopt
the necessary measures so that its benefit is interrupted or to
retire the data that harm them. The principles to that it alludes to
this section are the following ones:

a) It safeguard it of the public order, the penal investigation, the
public security and the national defense,

b) the protection of the public health or the physical people who have
the condition of consumers or users, even when they act like
investors,

c) the respect to the dignity of the person and at the beginning of
nondiscrimination by reasons for race, sex, religion, opinion,
nationality, disability or any other personal or social circumstance,
and

d) the protection of youth and the childhood.

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(3) The possibility of deciding the censorship over non-Spain based
webs so that they are not visible in Spain, Art. 8. 3:

If to guarantee the effectiveness of the resolution that decides the
interruption the benefit of a service or retirement of data coming
from a lender established in another State, the competent organ
considered necessary to prevent the access from Spain to such, will
be able to order to the lenders of services of intermediation
established in Spain, or by means of request directly motivated the
Ministry of Science and Technology, that take the measures necessary
to prevent this access."

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(4) Information that webmasters have to provide in the Web, (art. 10):

a) Its name or social denomination; its residence or address or, in
its defect, the direction of one of its permanent establishments in
Spain; its direction of electronic mail and any other data that
allows to contact with him direct and effective.

b) the data of its inscription in the Registry to that article 9 talks
about.

c) In case its activity were subject to a regime of previous
administrative authorization, the data relative to this authorization
and the identificativos of the competent organ in charge of its
supervision.

d) If it exerts a regulated profession will have to indicate:

. The data of the professional School to which, in his case, it
belongs and number as a member.

. The official or professional academic title on which it counts.

. The State of the European Union or the European Economic Space in
which this title was sent and, in its case, the corresponding
homologation or recognition.

. The professional norms applicable to the exercise of its profession
and the means through which they are possible to be known, including
the electronic ones.

e) The fiscal number of identification that corresponds to him.

f) clear and exact Information on the price of the product or service,
indicating if it includes or not imposed them applicable and, in its
case, on the expenses of shipment.

g) the codes of behavior to which, in his case, it is adhered and the
way to consult them electronically.

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(5) indiscriminate Retention of data art. 12:

The operators of networks and services of electronic communications,
the suppliers of access to networks of telecommunications and the
lenders of services of lodging of data will have to retain the data
of connection and traffic generated by contacted during the benefit
of a service of the society of the information by a maximum period of
twelve months.

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Wer der Demokratie die Lebensluft zum Atmen erhalten will, muss dafür
streiten, dass dieses Land nicht weiter mit Riesenschritten auf dem Weg in
den Überwachungsstaat marschiert... (M. Kutscha)