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FYI... : [OFE FOSS Community List] Interoperability of digital platforms

---------- Προωθημένο μήνυμα ---------
Από: Astor Nummelin Carlberg <astor [ at ] openforumeurope [ dot ] org>
Ημερομηνία: Δευ, 28 Οκτ 2019 στις 5:59 μμ
Θέμα: [OFE FOSS Community List] Interoperability of digital platforms
Προς: Open Source Community List <foss-community [ at ] openforumeurope [ dot ] org>


Hello all,

A bit off topic, we at OFE are interested to hear if you have any ideas,
input or concerns regarding this law proposal from the French senate:
http://www.senat.fr/leg/ppl19-048.html. It has some interesting parts on
interoperability in the context of the platforms debate (see articles 4-6
electronically translated below).

Here are some points that we are pondering:
> Do you think this approach (generally speaking) has merit in terms of
lowering barriers to entry in the platform market and increase user choice?
> How do you see this be technically implemented?
> What is your take on the definition of a platform in the scope of this
proposal being "online communication services with a significant level of
use."?

*Chapter II  PLATFORM INTEROPERABILITY*

*Article 4*

Title I of Book II of the Post and Electronic Communications Code is thus
amended:

1° After the 5th bis of the 2nd of Article L. 32-1, a 5th quater is
inserted as follows:

"5° quater The interoperability of online public communication services
under the conditions defined in Article L. 33-16;"

2° Section 1 of Chapter II is completed by an article L. 33-16 thus drafted:

"Art. L. 33-16. - Where the ability of non-professional users to access and
communicate with the public online is compromised due to a lack of
interoperability for reasons other than ensuring the security, integrity or
proper functioning of such services, the Electronic Communications and
Postal Regulatory Authority may impose obligations on providers of such
services in order to make them interoperable.

"The obligations mentioned in the first paragraph may only apply to online
communication services with a significant level of use. They are limited to
proportionate obligations to publish relevant information or to authorise
the use, modification and retransmission of such information by the
Regulatory Authority for Electronic Communications and Posts or other
providers of communication services to the public online or to use and
implement technical standards for interoperability identified by the
Authority.

"Decisions of the Authority taken pursuant to this Article shall be subject
to the consultation provided for in Article L. 32-1.

"The conditions for the application of this article shall be laid down by
decree in the Council of State. »

*Article 5*

After the 2nd bis of the I of Article L. 32-4 of the Post and Electronic
Communications Code, a 2nd quater is inserted as follows:

(2) "2°c Collect from providers of online public communication services the
information or documents necessary to ensure compliance, by these persons,
with the obligations imposed with a view to ensuring the interoperability
of these services pursuant to section L. 33-16;".

*Article 6*

After the ninth paragraph of III of Article L. 36-11 of the Post and
Electronic Communications Code, a paragraph is inserted as follows:

"The restricted panel may rule against the online provider of communication
services to the public for non-compliance with the obligations laid down
pursuant to Article L. 33-16, a financial penalty the amount of which is
proportionate to the seriousness of the breach and the benefits derived
therefrom, not exceeding 2 % of the amount of the undertaking's highest
worldwide turnover excluding tax in any of the financial years ended since
the financial year preceding the financial year in which the practices were
implemented, which rate shall be increased to 4 % in the event of a further
breach of the same obligation. If the accounts of the company concerned
have been consolidated or combined in accordance with the texts applicable
to its corporate form, the turnover taken into account is that appearing in
the consolidated or combined accounts of the consolidating or combining
company. In the absence of any activity to determine this ceiling, the
amount of the penalty may not exceed €150,000, increased to €375,000 in the
event of a further breach of the same obligation. »

Translated with www.DeepL.com/Translator

-- 
*Astor Nummelin Carlberg*
Policy Director
OpenForum Europe
tel +32 (0)2 486 41 52
mob +32 (0)497 69 08 53
web http://www.openforumeurope.org
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