---------- 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 Follow us on Twitter @OpenForumEurope <https://twitter.com/OpenForumEurope> -- OpenForum Europe AISBL Registered office: Avenue des Arts 56, Brussels <https://www.google.com/maps/search/Avenue+des+Arts+56,+Brussels?entry=gmail&source=g> 1000, Belgium -- You received this message because you are subscribed to the Google Groups "Open Source Community List" group. To unsubscribe from this group and stop receiving emails from it, send an email to foss-community+unsubscribe [ at ] openforumeurope [ dot ] org. To view this discussion on the web, visit https://groups.google.com/a/openforumeurope.org/d/msgid/foss-community/CAFd_%3Drd1QfeGH7au2RXRMxJYeg9Jpf%3D0udOME8UTE1xN%2BFfLaw%40mail.gmail.com <https://groups.google.com/a/openforumeurope.org/d/msgid/foss-community/CAFd_%3Drd1QfeGH7au2RXRMxJYeg9Jpf%3D0udOME8UTE1xN%2BFfLaw%40mail.gmail.com?utm_medium=email&utm_source=footer> . -- https://gfoss.eu/ https://mathe.ellak.gr/
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