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Board of Trustees of the Internet Society
Fifth Meeting
Praha, Czech Republic
13-14 Jun 1994


Document:   94-226
Title:      [Codes of Conduct] [Norms] [Resolutions] Regarding Internet 
            Operators and Users
Author(s):  Rutkowski 
Date:       5 June 1994
Committee:  ISOC BoT
Revision:   b
Supersedes: a
Status:     Draft
Access:     Unrestricted
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BACKGROUND

During the past year, the Internet has increased dramatically in
scale, visibility and use.  It has become the world's mesh by which
most computer and computer-supported communication occurs.  It has
also become synonymous with Global and National Information Infrastructure.
It is on the verge of becoming the principal means of open network
based business transactions.

Inevitably in this process, the Internet has also attracted a few 
individuals and organizations whose conduct may be criminal in nature, 
or give rise to civil liabilities, or otherwise runs afoul of behavior 
norms in such a fashion that the rights of others are infringed or the 
technical performance of local network facilities may be jeopardized.
Such activities are proportionately almost miniscule in their scale and
represent rare exceptions to otherwise overwhelmingly productive and
and valuable activity, development, and provisioning.

It is well recognized that the Internet has scaled and evolved so 
successfully because of minimal government involvment - indeed no 
regulatory involvement.  Fortunately, global deregulatory trends 
and new international agreements generally treat private "non-basic" 
networks such as the Internet as properly not the subject of government 
regulation.

While it is not possible to avoid juridical actions involving the
conduct of individuals and organizations on the network, the existence
of recognized codes of conduct coupled with widespread adherance of 
Internet service providers and users to such codes, could lessen the 
potential for any intrusion of regulatory authorities in Internet
matters.  Furthermore, such codes are relatively common in many
fields and professions, for similar reasons.

Apart from potential regulatory intrusion, the existence of codes of
conduct and compliance with them could also minimize the risk to service 
providers of subsequent civil suits - perhaps reducing their insurance
costs as well.  Within the past twelve months, there have already been 
three civil suits for defamation, and providers are increasingly being 
exposed as parties to these suits.  See the article "Rites of Spring: 
Libel Lawsuits Come to the Internet Worldwide," Vol. 3 ISOC News No. 1 
(Spring 1994). 

As the global international organization for the Internet, there is
a natural tendency to look to the Internet Society as the entity to
respond in an appropriate fashion to inappropriate Internet related
behavior.

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ALTERNATIVES

There are two dimensions to the problem of Internet misconduct - focussed
on the parties involved, namely users and service providers.

User misconduct generally has taken the form of libelous statements,
privacy invasion/mailing system abuse (i.e., mailing massive junk mail),
and harassment.  In some cases, outright criminal conduct, criminal
conspiracy or solicitation of criminal behavior may occur.  The latter is 
typified by illegal transactions, "hacking" hosts, wiretapping, release 
of virus agents, and the "blacknet" newsgroup postings.

Service provider misconduct has taken the form of Internet access resellers
fraudulently representing the nature of the service being provided or the
likely incurred costs.  At least two current examples exist of this behavior.
In cases where this may not be actual criminal fraud, it nevertheless brings
discredit upon the Internet community in general.

The existence of voluntary codes of conduct that would apply to both of 
these areas, could be valuable in letting parties know what is unacceptable
behavior, as well as provide a basis for network operators to terminate service
to parties who knowingly and repeatedly pursue such behavior.

In pursuing the development of such codes of conduct, it would be highly desirable
to work with Internet operator communities, as well as legal and human rights 
organizations who deal with these issues.  These codes should also have
an international focus and be capable of implementation on a global basis given
the intrinsically worldwide nature of the Internet.


The Board could alternatively seek to interest other bodies in dealing with
this matter, or could simply do nothing.  However, the ISOC International
Secretariat has been receiving numerous inquiries by the press, and these
problems have been already become highly visible in major newsmedia.


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RECOMMENDED ACTIONS

1. Adopt a resolution recognizing the importance of this growing problem and that
   the ISOC will pursue the development of Codes of Conduct.

2. Create a Code of Conduct Committee jointly with the ISOC Advisory Council,
   whose objective is to identify and work with Internet operators, operator 
   forums, and other related organizations to prepare two draft codes - one 
   applying both to users and the other applying to service providers - for 
   the next meeting of the Board.


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