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| Introduction | What is the Internet? | Internet role-players | International Internet organisations | Internet organisations and role-players in South Africa | History of the Internet | Author biographies | ||||||||||
| 1. Introduction | ||||||||||
| A few years ago nobody
expected a whole new borderless and electronic jurisdiction commonly referred
to as the Internet. For some the Internet is a valuable source of information,
for others its a jungle of useless nonsense. For some the Internet
is a way to communicate, for others its a danger to their privacy.
For some the Internet is a new way to do business and for others its
a threat to their traditional businesses. For some the Internet is a new
way to entertain themselves, others see it as a source of indecent and obscene
material. Some see the Internet as a challenge, others as a passing craze.
However we look at it the way people trade, communicate, entertain,
research and educate will never be the same again.
In this introductory chapter, we focus on what the Internet is, how it works and who the main role-players are, both domestically and internationally. Those in the legal profession will find this chapter helpful in becoming comfortable with the terms, definitions and concepts used throughout this book. |
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| 2. What is the Internet? | ||||||||||
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According to Smith1
the Internet is simply a network of computer networks.
Benzine & Garland2
define the Internet as the world wide network of networks that are
connecting each other into one single logical network all sharing a common
addressing scheme.
Kraynak & Hebraken3 define the Internet as a world-wide network of interconnected computer systems and a series of several types of computer services. 11 The Albion Netdictionary
defines the Internet as a world-wide network of networks that all
use the TCP/IP communications protocols and share a common address space.
First incarnated as the ARPANET in 1969, the Internet has metamorphosed
from a military internetwork to an academic research internetwork to the
current commercial internetwork. It commonly supports services such as
e-mail, the World Wide Web, file transfer and Internet Relay Chat.
A local definition
of the Internet is found in Telkoms VANS licence:4
an integrated computer network through which users are connected
to each other by means of the TCP/IP family of protocols.5
All these definitions
are true to a certain extent, but incomplete. A full description of the
Internet has to encompass its physical parts, functions, history and the
role-players who created, maintain and use it.
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| 2.1 The physical Internet | ||||||||||
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Physically, the Internet is a collection of packet-switched computer networks, glued together by a set of software protocols called TCP/IP (Transmission Control Protocol/Internet Protocol). These protocols allow networks and the computers connected to them to communicate and share information. TCP/IP create what is called a packet-switched network, a kind of network intended to minimise the chance of losing any data sent over networks. First, TCP breaks down every piece of data into small chunks called packets, each wrapped in an electronic envelope with Web addresses for both the sender and the recipient. The IP protocol then figures out how the packets are supposed to get from the sender to the recipient passing through a series of routers, like regular mail passes through several post offices on its way to a remote location. Each router examines the destination address of the packets it receives and then passes them on to a router as they make their way to the final destination. If an e-mail message was broken up into ten packets by TCP, then each of those may have travelled a completely different route, but the recipient will never know it because as the packets arrive, TCP takes over again, identifying each packet and checking to see if it is intact. Once all the packets have arrived, TCP reassembles them into the original data. The core of the
Internet is a set of high-capacity
backbone networks. These Before a user can consider using the Internet, his/her computer needs an operating system with a graphical user interface such as Windows. To take full advantage of the World Wide Web a user will also need a browser. Browsers are software programs that enable users to view documents on the Web as they translate HTML-encoded files into text, audio and video. The most popular browsers are Microsofts Internet Explorer and Netscape Communicator. 12 To connect to the Internet a user needs an agreement with an access provider, typically a commercial organisation. They range from large organisations with their own geographically dispersed Points of Presence (POPs) to small providers which provide one or two local telephone numbers and a single connection into another network. Access providers provide a variety of services, ranging from a cheap dial-up account suitable for a home user to a permanent leased-line connection aimed at commercial use. The typical dial-up account holder will pay a fixed monthly access fee and will pay the local telephone charges on top. The leased-line account holder has no usage-based charges at all, as the leased line provides capacity at a fixed rental. Leased lines have a higher bandwidth and are more expensive and more suitable for businesses. Bandwidth is the amount of information or data that can be sent over a network connection in a given period of time. Bandwidth is usually stated in bits per second (bps), kilobits per second (kbs) or megabits per second (mps). A user furthermore needs a means of communication with the access provider. A dial-up account holder will use a telephone line and a modem. A modem converts a computers digital signals into analogue (sound waves) to be transmitted over standard telephone lines. Businesses usually use a permanent leased-line connection. Another telecommunications technology that will have a big impact on the Internet is Integrated Services Digital Network (ISDN). ISDN is literally digital telephones. Rather than convert a computers digital signals into analogue, like a modem does, ISDN transmits a digital signal over digital telephone lines. The advantage is a much faster connection because there is no conversion from digital signals to analogue and back again to digital signals. The access providers in South Africa make extensive use of infrastructure rented from Telkom. The reason is that Telkom has a monopoly on the provision of telecommunication facilities to be used for, among others, Internet access.6 These lines, being primarily Diginet lines, are used to connect the access provider to corporate customers, other access providers, peering points and international companies for a connection to the world-wide Internet. Diginet lines are high-speed dedicated connections provided by Telkom. Some smaller access providers obtain the international connection through bigger access providers. Telkom lines are also used to connect the access provider to Points of Presence (POPs) in locations geographically remote from the networking centre of the access provider. 13 Users can also use cell phones and a satellite connection to connect to the Internet. The satellite connection is a one-way link (simplex) and used in conjunction with a regular dial-up or leased-line connection. The regular connection is used for outgoing data and the satellite link for incoming data. A user needs a satellite dish (aimed at the PAS-4 satellite)7 and an interface card plugged into the users computer. Because most Internet traffic is incoming, the speed8 is much higher and bypasses international bottlenecks and poor line quality.
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| 2.2 Services of the Internet | ||||||||||
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The Internet is made up of several different components or services the World Wide Web, Internet e-mail, newsgroups, FTP sites and even Internet real-time chat. This section outlines some of the more popular components and services available on the Internet. The Web is currently
the most popular on-ramp to the Internets information and although
the terms Web and Internet are often used synonymously, they are actually
two different things. The Internet is the global association of computers
that carries data and makes the exchange of information possible. The
Web is a subset of the Internet a collection of interlinked documents
that work together using a specific Internet protocol called HTTP. Web
documents use special links that take the form of highlighted or underlined
text and graphics to link to other documents (referred to as hyperlinks).
A hyperlink is a highlighted word or picture that, when clicked on, takes
the user to another document on the same site or another site that might
be hosted by a computer on the other side of the world.
In order to move around the many sites on the Web, a user needs a Web browser such as Microsofts Internet Explorer or Netscape Communicator. These browsers provide powerful, yet easy-to-use, features that allow the user to take full advantage of all the content on the Web. Besides the Webs text and graphics, a user can also access special multimedia content such as audio, video and interactive web sites with a browser. 14 The
Web is based on a set of protocols for exchanging content, which is collectively
known as the hypertext transfer protocol (HTTP). Web documents can be
exchanged over the Web because browsers and hosts (computers that store
the Web documents) both understand HTTP. But everything on the Web would
still be chaos if the Web did not have an addressing scheme for every
computer. For this reason every Web document is stored on a computer (host)
that has an IP address. It is a four to twelve-digit number that identifies
a specific computer connected to the Internet. The digits are organised
in four groups of numbers, which can range from zero to 255, separated
by dots (periods). Depending on how a users ISP (Internet service
provider) assigns IP addresses, a user may have one address all the time
or a different address every time that the user connects to the Web. If
a user types http://204.162.80.183 in a browser, the same result would
be obtained as if the user had typed http://www.cnet.com/.
Domain names are the next level of Internet addresses as they create a single identity for a series of computers used by a company or an organisation. While there may be 38 hosts in a given company, or 38 documents on a single host, each with a different IP address, they all share a common domain name such as mweb.co.za 15 The language of the Web is the Hyper Text Mark-up Language (HTML). Every document on the Web, the hyperlinks and even the graphics and scrolling banners are created in the HTML language. While HTML is the language that describes the basic elements of every Web document, it is technologies like Java, JavaScript and ActiveX that programmers use to create animated and interactive Web documents the kind that move, flash and play games.9 E-mail is the oldest
Internet service, dating back to the mid-1970s. Then and now the basic
concept behind e-mail is fairly simple a user logs onto a computer
system and writes and addresses a text message to a user on another system.
The message is then routed through the maze of interconnected computer
systems until it is delivered to its intended address. Nowadays users
can also attach other types of files such as a text document, spreadsheet
or even audio and video to e-mail messages.
After an e-mail
message is typed, it is sent by clicking with a mouse on the send button
in any of a number of software programs that command sends the
e-mail from a users machine on its journey to the recipients
computer. The message goes to the ISPs Simple Mail Transfer Protocol
(SMTP) mail server. There the message is coded with SMTP information specific
to the user and the recipient. The message is then placed on the Internet
and moves from router to router and finally to the recipients ISP
where it can be downloaded and read.
2.2.3
USENET, newsgroups and bulletin boards
USENET refers to a service that is very much like a public bulletin board where users can share information, insights and concerns. USENET allows a user to post messages to a public area, a newsgroup, where a number of other newsgroup participants can read it. Replies, and sometimes heated debates, can then be posted in the newsgroup that held the original message. Newsgroups began in 1979 as a service connecting computers at Duke University and the University of North Carolina. Today it is immensely popular, with topics ranging from law, politics and astrology to tattoos and health.10 16
2.2.4 File transfer
protocol (FTP)
2.2.5
Internet chat
The ability
to chat on the Internet in real time is immensely popular. Internet Relay
Chat (IRC) was the first chat system and used IRC servers as places for
users to congregate and chat via their keyboards. A number of more sophisticated
chat lines have now become available, such as iChat and MIRC, which turn
a web browser into a chat program that allows a user to view and send
chat messages.
2.2.6
Videoconferencing 17 2.2.7
Internet voice telephony services (VON) The legal classification and international regulation of VON is a thorny issue. In terms of section 40(3) of the Telecommunications Act11 no person who provides a value-added network service shall permit that service to be used for the carrying of voice until a date to be fixed by the Minister of Posts, Telecommunications and Broadcasting. As Internet access is seen as a value-added network service,12 no access providers may provide VON services in South Africa yet. It is however impossible for access providers to prevent VON, since there is no discernible difference to the access provider between data traffic and voice traffic.13 Although access providers do not actively market VON, the software to enable it is freely available and suppliers operate entirely outside the regulations of the Telecommunications Act.14 We suggest that SATRA start the consultative process to lift the restriction as a matter of urgency, not only because it is unenforceable, but also because it only serves to restrict technological development in a country where it is desperately needed.
2.2.8
Intranets 18 2.2.9 Extranets An extranet is
basically an intranet to which selected outsiders, such as paying customers
or even suppliers, have access through the use of a login name and password.
As the Internets
popularity increases daily, it also suffers from its own success. Technology
developed for a network of thousands of users is labouring to serve a
network of millions of users. Delays and gridlock on the Internet are
making it harder for the Internets original community scientists
and researchers to get connected. A further problem with the current
Internet is that the IP addressing system is under strain and some believe
the Internet is in danger of running out of addresses in 2010.
In
October 1996, US President Bill Clinton announced a five-year plan, called
the Next Generation Internet Initiative. The idea is to create a new Internet
or Internet II, with speeds that are 100 to 1 000 times faster than the
present Internet and with features such as security, reliability and affordability.16
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| 3. Internet role-players whos who and what do they do? | ||||||||||
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Unlike in a technical
analysis of the Internet, it is important in a legal examination to classify
the various legal personae involved in the Internet and see how
they fit together legally, commercially and physically.
The core infrastructure of the Internet consists of routers, hosts and pipes. Routers are special-purpose computers or software packages that handle the connection between two or more networks by looking at the destination addresses of the packets of data passing through them and deciding which route to send them on. Hosts are computers that store information and make it available across the Internet. The information on a host could vary from web sites to newsgroups, databases or software programs. Pipes are the telecommunication connections that link the hosts and routers together and could vary from landlines to satellite signals. Hosts and routers are owned by various government organisations, private organisations or individuals, while pipes are usually owned by telecommunications companies. The capacity or bandwidth of pipes affects the amount of data that can be carried and the speed at which it is delivered to the user. While the backbones of the Internet are typically high bandwidth, the last link to the home user is typically a low bandwidth ordinary telephone line. 19 |
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| 3.1 Internet service providers (ISPs) | ||||||||||
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An ISP provides
a collection of services, including Internet access, content hosting and
web site design, and is an example of an Internet role-player with more
than one role. From a legal point of view, it is necessary to examine
the exact role an ISP performs. An ISP who hosts web sites for its customers,
provides access to the Internet, has a news service on its homepage and
a search engine, plays the role of both access provider, host, content
provider and navigation provider. The term ISP could therefore create
confusion, as it refers to any number of Internet roles collectively.
The
Californian case of Religious Technologies Centre v Netcom Online Communication
Services Inc.17 provides a good example
of the multiple roles often performed by ISPs. Netcom is introduced
in the judgment as a large Internet access provider, but the question
of copyright infringement in fact turned on a detailed analysis of its
role as a USENET host.18
Although
the terms Internet service provider, Internet solution
provider and ISP are in common use, they are potentially confusing
because they do not distinguish the underlying roles of access provider,
host, navigation provider, content provider and transaction facilitator.
In any legal argument, the underlying roles are of critical importance.
In
the South African context there seems to be an established difference
between the definitions of 0147Internet access service and Internet
service, as defined by SATRA. Internet access service
means the provision of an Internet Protocol (IP) service allowing online
access by the recipient of that
service to the world-wide Internet. The broader term Internet service refers both to access and services such as e-mail, videoconferencing and information services.19 |
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| 3.2 Access providers | ||||||||||
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An access provider
gives users access to the Internet. The first access providers were
academic institutions, which enabled their staff, faculties and students
to access the Internet. In South Africa, Uninet is a good example of
such an access provider. Today the typical access provider is a commercial
organisation selling Internet access to home and commercial users. These
access providers have their own geographically dispersed Points of Presence
(POPs) and local dial-up numbers across the country. A variety of access
options is available, ranging from cheap dial-up accounts, faster ISDN
connections or permanent leased-line connections for businesses 20
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| 3.3 Peering agreements | ||||||||||
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Access providers have both physical links to and contractual relations with other access providers and the networks they serve. The physical connection enables the Internet traffic to flow between the two access providers through peering points. At present there are peering points in Rosebank, Johannesburg (JINX) and Newlands, Cape Town (CINX) operated by ISPA, and an independent peering point operated by Uninet. The contractual arrangements are called peering agreements and govern the exchange of information between the participating access providers networks. The model is to allow mutual exchange, and generally no consideration is payable by any of the parties. However in South Africa amounts are payable in terms of local peering agreements. The agreement typically states that none of the participants may restrict use of the information on their networks or filter such information before transmission or on receipt. This includes that no wire-tapping or monitoring of information is allowed. No statistical information about information traffic flow may be supplied to third parties and liability for the submitting or acceptance of information is excluded. As the parties may be from different jurisdictions, there is generally a paragraph stating the governing law. If there is no direct physical connection or peering agreement in place between two networks, the traffic has to find another route. The Internet protocols, described above, are used to route around such blockages. A user in Cape Town, accessing a web site on a host down the road, could therefore find that the message is routed through the US. The political tension between Telkom SA Limited and the ISPA caused users who were linked to Telkoms SAIX infrastructure slow response times on local sites, because SAIX was not allowed to peer with the peering points ISPA established in South Africa. At the London peering point in the United Kingdom (LINX), all peering partners are physically connected to the peering point, but Internet traffic is only allowed to pass between networks of peering partners who have negotiated specific peering agreements with each other. To establish a physical connection to LINX, an ISP must have peering agreements in place with at least 20% of the other members. 21
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| 3.4 Hosts | ||||||||||
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A host computer
stores the data that can be accessed through the Internet by a user. The
data can take many forms from software programs to web sites with
text, graphics, audio, video and other databases. A host may also act
as a storage place for USENET newsgroups or for hosting e-mail in mailboxes
for subscribers thus the description servers, mail servers or news
servers. This is, however, not an accurate description as a server
is strictly speaking a piece of software that delivers data from a
host on request, like a Web server delivers Web pages and a domain name
server delivers domain name requests. The difference is not merely academic
and host and server should not be used as synonyms.
It is important
to distinguish between the owner of the host computer and the owner of
the content hosted on that computer as the data may attract civil and
criminal liability. At the one end of the spectrum, the owner of the host
computer also owns and controls the data, as in the case of a business
that self-hosts its web site. At the other end of the spectrum, the owner
of the host computer may only have the most tenuous connection with the
stored data. A host computer that hosts e-mail messages in mailboxes for
subscribers is a good example. This is akin to the relationship between
a post office and the contents of a letter in a post office box. A USENET
host is another good example. The USENET host receives automatic updating
feeds from other USENET hosts and sends postings from its own subscribers
to other USENET hosts.
Between these extremes could lie numerous variations. A host may store its own data or data hosted on behalf of other parties, for free or for reward, as a commercial service. The data may be permanent or ephemeral. The owner of the host computer may be actively involved in the process of placing data on the host, for instance if it provides Web design and HTML coding services or it may do nothing more than provide storage space, bandwidth and a domain name and IP address, taking no part in the selection or design of the information. Furthermore, the host owner may promote itself as a desirable network to visit, e.g. an online shopping mall, or promotion may be left entirely to the content providers, so that each collection of information on the host appears to the outside world as entirely separate and unconnected.20 22 The
responsibilities and liability of the host owner will vary according to
the exact nature of the role it assumes. In every situation the relationship
between the owner of the computer and the data stored on that host should
be examined and tested against the requirements of the specific form of
liability that may be in question. Liability for copyright infringement,
defamation and hosting child pornography each has its own set of rules
and requirements.
Where the owner
of the host is not the owner of the content, there will generally be a
contract between the two parties to host the data in the form of a web
site. Such a contract needs to address two important issues. First, the
host is the storage device on which all the content constituting the web
site is kept. Second, the host is connected to the Internet and provides
a conduit through which users can access the web site.
As regards storage, the contract needs to set out the storage space available to the content provider, how it might be increased and the basis for calculating any difference in the charges should the storage space be increased. Furthermore, a web site is not static and the content provider will want to retain immediacy with regular updates and changes. The contract should set out how updates and changes are to be made, the frequency with which they can be made, who will be responsible for the updates, the time it will take the host to implement the changes and the costs involved. 23 As
regards access to the web site, the bandwidth of the hosts connection
to the rest of the Internet will be important. The host will not want
to pay for unused bandwidth and the web site owner will not want the site
to be unavailable due to bandwidth congestion. The contract should specify
the obligations of the host to manage peaks and troughs, to ensure that
the site is readily available to users. The availability of the site should
also be set out and whether and when down time is allowed. Defining availability
in information technology contracts is never easy. The parties should
aim to tie it to clearly measured criteria and set out how it is to be
monitored and reported. The host might even be able to provide alternative
or back-up hosting if the main system is down. These considerations should
reflect the global nature of the Internet and therefore the time zones
which are important for the content provider. Where the site is used for
commercial purposes, the content provider may wish to specify financial
remedies for failures to provide services, for example if the host server
goes down or access is impossible. On the other hand the host will wish
to exclude liability for loss of business, which may in any event be impossible
to quantify. Obviously the parties cannot control the quality of the access
provider or communications medium a remote user uses to access the site
and the level of congestion on the Internet as a whole.
If
the web site allows for the collecting of information from users, e.g.
e-mail messages, the contract should specify how and at what intervals
this information should be forwarded to the content provider. The host
might also be able to present the content provider with meaningful statistical
information about the number of visitors to the site.
The
host should be protected against liability if the content on the web site
attracts liability, and may impose an obligation on the content provider
to exercise appropriate control over content or to indemnify the host
should there be any liability. Like any indemnity, its value depends on
the ability of the content provider to pay up and the host may wish to
obtain insurance against third party claims. The contract may furthermore
set out guidelines as to taste and decency, and give the host the right
to remove material that it reasonably believes could lead to liability.
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| 3.5 Content providers | ||||||||||
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Content providers are probably the most important people on the Internet as they provide the available data and information. Content providers could range from multinational companies and governments to private individuals. The content they provide is available in many forms there is information available on the Internet on every conceivable topic. Every government department has a web site with loads of information. Businesses advertise their services and goods on the Internet. Individuals have sites on special interests and hobbies. The list is never-ending. 24 |
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| 3.6 Navigation providers | ||||||||||
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A regular complaint
about using the Internet is that the content is distinguished by quantity
rather then quality. Even if there is quality content available, it is
not always easy to find it or even assess the quality of content found.
Navigation
providers play an important role to separate the useless content from
the useful. They may take different forms umbrella sites such as
online shopping malls are effectively navigation providers, attracting
customers to their selection of retailers who usually pay for space on
the mall. News collectors are another type of navigation provider. They
range from conventional online newspapers to sites that allow a user to
select categories of news and that even monitor the users reading
habits and provide content based on that. These sites may produce their
own content, but are more likely to have done deals with content providers
enabling them to select from a pool of quality-assured content.21
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| 3.7 Search engines | ||||||||||
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At present some of the most important navigation providers are search engines and Internet directories. They catalogue resources across the Internet, so that the user can either perform a keyword or phrase search for relevant sites, or consult a structures directory for sites of interest. Many sites also collect content on a specific topic and either host that information or provide links to the information. Most search engines invite content providers to place a summary of their content on the search engine for search purposes by other users. These first-generation search engines index key words provided by the content providers themselves, which are often misleading because they have been included in order to get better rankings on search engine results. Second-generation search engines have more control over the indexing process and attempt to distinguish the quality of content. M-Web launched MAX, a second-generation search engine which allows users to search by asking questions in day to day natural language.22
As navigation providers compete and gain a reputation for effective sifting of the wheat from the chaff, they become some of the strongest brands on the Internet and attract the most hits per day therefore they are able to command high prices for third party advertisers or sponsorships. Navigation providers also tend to be at the centre of some of the most complex sets of contractual relationships to be found on the Internet.23 25 |
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| 3.8 Transaction facilitators | ||||||||||
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The increase of electronic commerce on the Internet has stimulated investment to overcome shortcomings. In addressing these concerns, e.g. security, transaction facilitators license and patent various security and digital signature products. Trusted intermediaries verify identities and credit standing. These transaction facilitators are likely to play a more important role as electronic commerce increases and users develop trust in the Internet as the transaction risks are reduced to an acceptable level.
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| 3.9 Web site designers and web site creators | ||||||||||
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Web site designers
and creators are used by content providers. For example, a law firm wishing
to establish a web presence may have all the content ready, but will need
a web site creator to program the original content into HTML, and a web
site designer to design the look and graphics of the site. The creator
and designer will usually be the same person or business.
If a separate design
agency is used, the contract will have to address the
primary question of ownership of the intellectual property rights in the design. The copyright will have to be assigned to the content provider. The underlying ideas of the design may be more difficult to protect and the content provider may wish to consider a contractual restriction on the designer to design a similar site for a rival. Such a restriction should take the relevant competition law into consideration. 3.9.2
Contract for the creation of a web site
The contract for the creation of the site will be akin to a software development agreement, being typically divided into phases with milestones for payment depending on the time scales, size and complexity of the site. The content provider should be allowed to conduct acceptance tests. These may be carried out in a variety of ways but typically the creator will create a prototype site on a closed network for testing by the content provider. There may be further live testing on the Internet under a dummy name until the site is ready to be made public. The content provider must ensure that multiple users can access the site simultaneously, that all the hyperlinks function and that the site can be accessed with all the major browsers. 26 As
with the design of the site, the issue of ownership of the intellectual
property rights will have to be addressed with the partys commercial
needs in mind. The content provider will be concerned about the sites
portability the ability to move the site to another host, with
the minimum delay. Given the nature of the Internet, the content provider
will not wish to countenance a period during which the site ceases to
be available while somebody else is recreating it. The contract should
also make provision for the content provider to have a hard copy of the
material constituting the site, as well as copies of updates.24
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| 3.10 Public access providers | ||||||||||
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Some businesses
and organisations offer public access to the Internet by allowing customers
to make use of computers connected to the Internet at a specific location,
for example Internet cafés. These services are usually charged
for on a time basis. The Post Office is also in the process of developing
a Public Internet Terminal (PIT) based on a smart card, which will be
deployed at every post office in South Africa.
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| 3.11 Webmaster | ||||||||||
| A webmaster is an individual who manages a web site. The person could be an employee of the business that owns the web site or could act in a personal capacity. Depending on the size of a web site the webmaster might be responsible for making sure that the web server hardware and software are running properly, designing and maintaining the site, updating the site, replying to user feedback and monitoring the traffic through the site. Most web sites have a link to information about the particular webmaster, e.g. an e-mail address. | ||||||||||
| 3.12 Portals | ||||||||||
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A portal is a web site that is used as the first stop when a browser is activated. These sites generally have a news section, search facility and the days weather, and may be customised by the user. 27
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| 4. International Internet organisations | ||||||||||
| 4.1 World Wide Web Consortium (W3C) | ||||||||||
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The W3C is an international organisation focused on the Web. Its work is divided between four working groups the User Interface group, the Technology and Society group, the Architecture group and the Web Accessibility initiative. The User Interface group sees to it that the Web is improved in functionality but kept as simple as possible. This group sets standards for the language of the Web, HTML, and currently works on HTML 4.0 which has new features such as multimedia, objects, scripting, internationalisation and support for style sheets. This new version of HTML allows text to be written from right to left, as in Arabic and Hebrew, and also caters for those who use speech synthesisers and Braille to communicate. The Technology and Society group concentrates on the issues that arise from the application and use of the Web. They address issues like digital signatures, privacy, electronic commerce, security and intellectual property rights. The Architecture group of W3C looks at the future and leads the evolution of the Web by concentrating, among others, on convergence issues and the integration of Web and television technologies. Finally, the Web
Accessibility Initiative leads the Web to its full potential by
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| 4.2 The Internet Society (ISOC) | ||||||||||
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ISOC was formed in 1992 and has its headquarters in Reston, Virginia. It serves as the international organisation for global co-ordination and co-operation on the Internet. It promotes a broad range of activities focused on the Internets development and availability and associated technologies. ISOC is a professional membership society with more than 150 organisational and over 6 000 individual members in over 100 countries. The society is governed by a Board of Trustees elected by its members around the world. It provides leadership in addressing issues that confront the future of the Internet such as access, censorship, copyright, e-commerce, encryption, privacy, spamming, viruses and domain names systems. A common stake in maintaining the viability and global scale of the Internet binds the members. 28 ISOC is also the organisational home for groups responsible for Internet standards, e.g. the Internet Engineering Task Force (IETF), the Internet Architecture Board (IAB) and the Internet Assigned Numbers Authority (IANA). The Internet Engineering Task Force (IETF) is concerned with the architecture and smooth operation of the Internet. The Internet Architecture Board (IAB) is a technical advisory group whose responsibilities include the overall architecture of the Internet, such as the backbones and all the networks connected to them. The Internet Assigned Numbers Authority (IANA) leads the organisations responsible for assigning IP addresses and the Internet Information Centre (INTERNIC) leads organisations responsible for assigning domain names.
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| 5. Internet organisations and role-players in South Africa | ||||||||||
| 5.1 Telkom SA Limited and the South African Internet Exchange (SAIX) | ||||||||||
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Telkom SA Limited historically enjoys an exclusive right to the establishment of basic telecommunications infrastructure in terms of the Post Office Act.25 The advent of the Telecommunications Act26 did not change this position.
Telkoms monopoly is founded in section 78 and section 7(2) of the Post Office Act.27 Section 78 is incorporated by reference into section 36(1)(a) of the Telecommunications Act.28 Telkoms monopoly is excluded or limited in respect of broadcasting,29 the operation of private telecommunication networks30 and the provision of cellular communication.31 In 1997 SATRA ruled that Telkoms exclusive rights do not extend to Value Added Network Services32 which include Internet access services.33 Among the licences issued to Telkom in 1997 is a licence to provide Value-added Network Service (VANS)34 in terms of section 40 of the Telecommunications Act.35 This licence gives Telkom the right to provide VANS, which is defined to include electronic data interchange, e-mail, protocol conversion, access to a database or managed data network service, voice mail, store-and-forward fax, videoconferencing, telecommunication-related publishing and advertising services and electronic information services. Telkoms Public Switched Telecommunications Service (PSTS) licence36 gives it an exclusive right to provide certain elements of the Public Switched Telecommunications Service. This includes the International Telecommunications Service37 and all telecommunication facilities to be used by any person for the provision of Value Added Network Services such as Internet access. Therefore, access providers are forced to use telecommunication facilities provided by Telkom. 29 Since 1996 Telkom has offered Internet access through the South African Internet Exchange (SAIX), a wholly owned subsidiary of Telkom. As SAIX is only an access provider and not a service provider like other ISPs, its costs are very low, as the cost associated with a value-added service is not incurred. SAIX has the greatest number of POPs with the largest geographic spread, from Messina in the north to Bredasdorp in the south, linked to a 40Mb international backbone. At the end of 1996 Telkom launched Intekom, an ISP that sells Internet services on the open market.
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| 5.2 Internet Service Providers Association (ISPA) | ||||||||||
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ISPA was formed in June 1996 in response to the perceived threat to independent Internet access posed by the entry of Telkom into the Internet access market in the form of SAIX and Intekom. ISPA took the matter to the Competition Board and later made submissions to SATRA. In October SATRA announced that Internet access is a Value Added Network Service in terms of section 40 of the Telecommunications Act.38 30 ISPA controls the South African peering points located in Johannesburg (JINX) and Cape Town (CINX). This allows member ISPs to carry their inter-SA traffic effectively without having to rely on agreements in the United States or Europe. In 1996 and 1997 ISPA decided by majority vote to exclude Telkom, SAIX and Intekom from connecting to these peering points because of the political stand-off between these organisations. This was changed in 1998 when all access providers were allowed and Intekom immediately joined.
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| 5.3 South African Telecommunications Regulatory Authority (SATRA) | ||||||||||
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SATRA is a statutory body established by section 5 of the Telecommunications Act39 and is a regulatory watchdog for the telecommunications industry. One of the motivating factors for the creation of SATRA was to bring about a telecommunications environment with a clear separation between the functions and powers of the government, telecommunications operators and a regulator (SATRA) to encourage transparency and accountability. SATRA is responsible for the administration of government policy, issuing licences, managing the radio frequency spectrum and implementing a range of tasks mandated by the Telecommunications Act.40 In terms of its functions, SATRA is very similar to the Office for Telecommunications (OFTEL) established in connection with the liberalisation of the telecommunications industry in the United Kingdom, a process which culminated in the privatisation of British Telecom in 1994. SATRA made a landmark ruling in 1997, namely that Internet access services41 fall under the ambit of Value Added Network Services (VANS)42 and not Public Switched Telecommunications Services43 for which Telkom has the exclusive right. Telkom therefore has no claim to exclusivity when it comes to Internet access.
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| 5.4 Department of Communications | ||||||||||
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The Department of Communications is the public service arm of the Ministry for Posts, Telecommunications and Broadcasting. With the establishment of the new political dispensation in South Africa in 1994 it was decided to place posts, telecommunications and broadcasting in one cabinet portfolio. The reasons for this move were that one ministry should head all forms of communication and because of the growing technological convergence between telecommunications and broadcasting. 31 The enactment of the Telecommunications Act44 changed the role and functions of the department comprehensively and also changed its name from the Department of Posts and Telecommunications to the Department of Communications. The name of the head of the department changed from Postmaster General to Director-General.
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| 5.5 Universal Service Agency (USA) | ||||||||||
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The Universal Service Agency is a statutory body established in terms of section 58 of the Telecommunications Act.45 The vision of the USA is to promote access to telecommunication and information services for disadvantaged communities through the promotion of public awareness, research and recommendations to the Minister of Posts, Telecommunications and Broadcasting. The USA will also manage a fund, the Universal Services Fund,46 to support projects bringing telecommunications to disadvantages communities.
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| 5.6 South African ISDN Forum (SAIF) | ||||||||||
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SAIF was formed in July 1995 to promote the use of ISDN technology in South Africa. Its objectives are to stimulate the use of ISDN solutions, monitor international trends and technologies and promote the introduction of ISDN into the commercial market. Membership is open to all parties involved in the use and supply of ISDN communications and equipment.
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| 5.7 National Research Foundation (NRF) and Uninet | ||||||||||
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The NRF, a statutory body established in terms of the National Research Foundation Act,47 consolidates the activities of the former Foundation for Research and Development (FRD) and the Human Sciences Research Council (HSRC). The NRF manages
the Uninet network between academic institutions and research councils.
The Uninet project started in 1987 as a network between The NRF appoints the manager of Uninet. A 10-member Uninet Board provides policy input.
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| 5.8 Internet Society South Africa Chapter (ISOC ZA) | ||||||||||
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The South African Chapter of the international Internet Society was formed in October 1998 and is officially recognised by the Internet Society. In early 1999 ISOC ZA elected members of a namespace drafting committee to draft policy for the top-level .za domain name.
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| 5.9 Domain name operators in South Africa | ||||||||||
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South Africa has
been assigned the .za domain space by the Internet Assigned Numbers Authority
(IANA). Uninet administers the top-level .za domain. A whole range of
organisations and individuals administer the following second-level domains
in South Africa:
.ac.za for
South African research and academic institutions
.co.za for
commercial organisations
.edu.za for
distance learning organisations
.gov.za for
government departments
.law.za for
organisations and individuals involved in the legal profession
.mil.za for
military establishments
.net.za for
the ports on the networks of ISPs and for ISPs hosts
.ngo.za for
non-government organisations (NGOs)
.nom.za for
individuals
.org.za for
non-commercial organisations, e.g. charities
.school.za for
schools
.tm.za for
legal owners of registered trademarks
.web.za for
individuals or organisations who require namespace only for Web servers
The Chapter of the Internet Society in South Africa (ISOC ZA) is in the process of developing a new policy for the .za namespace. The idea is to create a suitable organisation to administer and manage both the top-level .za domain and the secondary domains. 33
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| 6. History of the Internet | ||||||||||
| 6.1 Origins of the Internet | ||||||||||
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Many people think
that the Internet is a recent innovation, when in fact the essence of
it has been around for over a quarter of a century. In 1962 the US Air
Force commissioned the Rand Corporation to do a study on how the US could
maintain its command and control over missiles and bombers during and
after a nuclear attack. This led to ARPANET, a project to create a nation-wide
computer network that would continue to function even if a large portion
of it were destroyed by a nuclear attack. During the following two decades,
the evolving network was used primarily by academic institutions, scientists
and the US government. The appeal of the network to these bodies was obvious,
as it allowed disparate institutions to connect to each others computing
systems and databases, as well as share data via e-mail.
The nature of the Internet changed abruptly in 1992, when the US government began pulling out of managing the network, and commercial entities offered Internet access to the general public. This was also the year in which the World Wide Web was proposed by the European Laboratory for Particle Physics (CERN) in Geneva, Switzerland, as a means to better communicate research ideas between the members of the far-flung organisation. 34 |
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| 6.2 The Internet in South Africa | ||||||||||
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The Internet in
South Africa commenced when the first sustainable e-mail link was established
in 1988 between Rhodes University in Grahamstown and a private home in
Portland, Oregon.48 This link was later
connected to the Internet. At about the same time the Foundation for Research
and Development started the Universities Network (Uninet). Before that,
around 1986, there were two networks between South African universities:
one between Rhodes University, the University of Cape Town and the University
of Natal in the south, and another between Potchefstroom University, Wits,
the University of Pretoria and the CSIR in the north. Other universities
soon joined as a result of Uninet and later the two networks were connected
to each other. But in 1989 access to the world-wide Internet was restricted
because of the political situation in South Africa.49
Developments in Uninet and the end of apartheid helped propel South Africa into the top 20 connected countries in the world. It was estimated in 1999 that South Africa had more than 1 million Internet users.50 In 1999 there were more than 80 ISPs in South Africa.51
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