[151759] in North American Network Operators' Group
Re: French Regulator to ask all your information about your Peering
daemon@ATHENA.MIT.EDU (Eric Brunner-Williams)
Fri Mar 30 14:44:34 2012
Date: Fri, 30 Mar 2012 14:43:50 -0400
From: Eric Brunner-Williams <brunner@nic-naa.net>
To: nanog@nanog.org
In-Reply-To: <7FF80F49-7F29-426B-B701-DDEA23B70A05@pch.net>
Reply-To: ebw@abenaki.wabanaki.net
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org
interesting discussion of jurisdiction.
> In the present instance, we regard ARCEP=92s proposed reporting require=
ment as constituting an extra-=20
> territorial obligation that ought not to be applied to operators who ar=
e neither established in France nor=20
> directly providing services within France, merely by virtue of their in=
terconnecting with a network that=20
> does operate in France.=20
> =20
> Similar considerations apply, mutatis mutandis, to the application of a=
reporting requirement to the=20
> providers of content services established and operating outside France.=
We do not consider the provision=20
> of content in the French language to be sufficient, by itself, to place=
the content provider within ARCEP=92s=20
> jurisdiction.=20
> =20
> We consider this lack of jurisdiction to be sufficient reason for ARCEP=
to withdraw categories (b) and (d)=20
> from the scope of persons enumerated in Article 1 of the Draft Decision=
=2E=20
-e
