BPN 1245 Dutch cyber crime Code of Conduct in effect

The Minister for Foreign Trade Heemskerk kicked off the 'Notice-and-Take-Down' Code of Conduct in The Hague today. The Code sets out how internet companies are to handle reports about illegal websites. Under the terms of the Code of Conduct, illegal websites hosted from the Netherlands will eventually be removed. Substantial progress fighting spam, spyware and malware has been made over the past years. The new code will help to tackle other illegal activities on the internet, including handling stolen goods, discrimination or phishing.

The code of Conduct is based on good practices from businesses, governments and other parties involved in fighting cybercrime. The Code has been drawn up under the patronage of the National Infrastructure Cybercrime (Ministry of Economic Affairs) by market parties including KPN, XS4ALL, ISPConnect, Dutch Hosting Provider Association, NLKabel, Ziggo, UPC, CAIW, Zeelandnet and domain register SIDN. Ministries, the police and investigation services and organisations including Marktplaats/eBay and the copyright police BREIN collaborated in setting up the code. Affiliated businesses - 85% of all access providers and several hosting providers - hereby send a clear signal that the internet is not to be used for illegal practices.

Those responsible for placing illegal content on the internet are often difficult to trace. As reports about illegal Dutch sites are rarely acted upon, these sites often remain online. The Code sets out the agreements between participants and their specific roles in dealing with reports they receive. In principle, internet users can report any illegal content they come across to those responsible for placing the content on the net. If this is not possible or if they don't know who to approach, users can report their find to the next party down the chain. This may be the manager of a discussion forum, the company that hosts the relevant website, the service provider or, as a last resort, the police. These other parties in the chain will make every effort to get the information off line. The new Code will become effective today.

The Code will be followed up later this year with more measures to fight cybercrime. For instance, a ban on sending spam to companies will be introduced from early next year.

Blog Posting Number: 1245

Tags: cybercrime, phishing, spam, spyware, malware

BPN 1033 BBC protects Dutch TV distribution rights

BBC fights with a Dutch dish contractor about the distribution of television packages for BB1 and BBC. Both parties are now involved in a legal case. The case was reported by Peter Olsthoorn in Emerce.

The Dutch dish contractor Hertzinger has grown into the media distribution business besides the installation of satellite receptors and glass fibre connectors in housing complexes and housing projects. Hertzinger picks up the satellite signals centrally and distributes them by glass fibre cables to homes.

Hertzinger competes with cable operators. In Amsterdam the company modestly competes for example with UPC; Hertzinger has some 10.000 subscribers to its services there. The difference between the Hertzinger and the UPC offers is that UPC installs, owns and operate the cable, while the satellite reception and connectors for the cable are owned by the organisation of home owners and home companies. Hertzinger delivers media services, for example, to the glass fibre operator Ons Net in Nuenen and to several other glass fibre networks.


Hertzinger delivers media packages or as it claims on its site, rights to media packages. It sells its service for a few euro under the price of the cable operators and even less in case of housing corporations. The company delivers for example 50 television channels and 30 radio channels for 14 euro.

Hertzinger claims that it is allowed to deliver BBC1 and BBC2 in the media packages and has the right to do so. But BBC does not agree on this point as the BBC has only an agreement with NLkabel, the Dutch association of cable operators, for the distribution of the BBC1 and BBC2 channels against an agreed tariff.

The whole affair started last year with an injunction, but this was suspended and in May 2007 converted into a full fledged legal case between the state company BBC and Hertzinger. The legalities of the case look easy. BBC is owner of the content and distribution rights, so a company should have an agreement with the BBC. On the other hand BBC1 and BBC2 can be received by satellite for free. In the Netherlands BBC1 and BBC2 are included in the media packages and the cable operators pay for this distribution right and charge subscribers for these channels. Problem is that BBC has an exclusive agreement (= monopoly) with the members of the cable operators’ association. When Hertzinger looses the case, it will have to negotiate with BBC or drop the channel from its package. Besides when Hertzinger looses this case, other television and radio channels might hand in a claim for payment. A ruling is expected in the coming months.

Blog Posting Number: 1033

Tags: television, distribution rightstelevision,cable, cable distribution

2008: Year of the fibre breakthrough

Amsterdam got its Christmas present from the European Commission. The municipality of Amsterdam was cleared from unfair state competition in the matter of the fibre project of the Cityring from the complainants the cable operator UPC and cable operators’ association VECAI (which changed its name to NLkabel recently). Amsterdam had never doubted the positive outcome of the EC investigation.


(c) 2007; Houthoff Buruma Solicitors

The Directorate General of Competition, headed by Ms Neelie Kroes, decided to start an investigation, acting on the complaints of UPC and VECAI. The municipality of Amsterdam had invested 6 million euro as equity with private companies in the passive level the proposed Cityring. Amsterdam did the investment in order keep control on an open fibre network. UPC have been closed out of the bidding process early, lodge a complaint of unfair state funding with the DG Competition. The DG started a voluntary and non obligatory investigation. A lot of documents went back and forth, confidential documents had to be cleaned up due to corporate details and draft documents were held up due to court cases. Even a case before the Court in Luxemburg was under consideration. In May the DG Competition was ready to start the final leg of the investigation, which ended in December with a ruling favourable for the municipality of Amsterdam.

The DG Competition looked at three items:
a. does the municipality act as a market conform investor, in other words does the municipality not support the foundation of a company unfairly with state support;
b. Is fibre to the home a achievable business case;
c. And some specific sub-items.

Already in December 2006 UPC and VECAI had the draft text, clearing the municipality of unfair support. UPC decently kept its mouth shut as the investigation was not yet final. Remained left the business case and the specific sub-items. Helped by the timeframe, the business case was not an item any longer either. In the Netherlands FttH initiatives mushroomed: Nuenen, Hillegom, Geldrop-Mierlo, Deventer, Enschede as well as abroad. Besides the projects various companies competed for these projects; in the Netherlands notably Reggeborgh and KPN. Last October, the Amsterdam municipal project manager Dirk van der Woude has published an updated list on Dutch and foreign FttH projects. The last sub-items have been cleared by the municipality of Amsterdam successfully.

So Amsterdam can continue its project to bring fibre to more than 450.000 Amsterdam homes. In the meantime more initiatives spring up, besides the already mentioned one. As ambitious as the Amsterdam Cityring is the living lab Almere project where 70.000 will be connected to fibre before 2010.

From the updated list it is clear that 2008 will be the year of the fibre breakthrough in The Netherlands. Not in the list is yet the Fibre to the Farm (FttF) project, a project where rural areas will be linked up to urban networks. Difficult areas will be bridged by leading cables through trees in woody areas; besides farmers will dig the ducts with tractors instead of calling in a cable laying contractor with urban experience. Also internationally fibre will break through with large urban areas in 2008. Fibre will no longer be in a pilot phase, but will be in a project phase.

Cable projects will have to prove in 2008 that they can reach the same type of speeds by cable. So far UPC has demonstrated speeds of up to 100Mbps, but has not started marketing it. It looks like UPC and other cable operators will have to stick to lower rates over against fibre operators. I look forward to the battlefield in Almere.

The usage of higher speeds will have consequences for content. We have seen the usage of video grow fast. Also the social networks have grown with movies and twitter-like services. But with higher speeds, services will have more freedom to compose services with live video. This will for example be a challenge for newspapers and broadcast services. But it will also have consequences for bloggers. So far the majority of bloggers have worked with text. But I would not be surprised, when we see more bloggers go into audio or video interview blogs.

Blog Posting Number: 964

Tags: FttH, FttF, Fibre to the Home, Fibre to the Farm, Fibre to the Home, Fibre to the Farm, FttH, FttF