[A2k] http://www.islandsofresilience.eu/

Erik Josefsson erik.hjalmar.josefsson at gmail.com
Thu Oct 18 11:49:00 PDT 2012


Hello,

The deadline for comments on Islands of Resilience is due 1 November.
Only two weeks left.

Comments, in particular on the Jurisdiction section and model questions
(pasted below), would be much appreciated and helpful:

    http://www.islandsofresilience.eu/#jurisdiction

Are these questions the wrong questions? Are there better questions? Are
relevant legal issues missing?

And, is such ranking meaningful at all?

Please use the Annotator and/or mail to hub at icg.greens-efa.eu

Thank you for your time.

Best regards.

//Erik


    Jurisdiction


      State Security Burdens

Surveillance Burden: How strong are state imposed surveillance requirements?

 1. The state imposes full electronic surveillance of all
    telecommunications.
 2. The state performs pervasive monitoring of selected portions of
    telecommunications networks, either targeted at individuals or
    groups, or on certain links, such as border crossings.
 3. The state requires ISPs to submit traffic logs to government
    agencies for inspection either regularly or upon request.
 4. The state requires telecommunications data retention, but otherwise
    does not require or perform any surveillance.
 5. The state does not perform or require any electronic surveillance.

Censorship Burden: Does the state mandate censorship, or are there
protections against state mandated censorship?

 1. The state runs extensive censorship infrastructure directly or
    through ISPs.
 2. The state often takes down, blocks or otherwise censors particular
    keywords, websites or other communications traffic, with or without
    court orders.
 3. The state often takes down, blocks or otherwise censors specific
    websites after getting a specific court order.
 4. The state does not perform any censorship.
 5. The laws of the state explicitly forbid censorship.

Data Retention Burden: Does the state require telecommunications data
retention?

 1. Yes, and there is frequent illegitimate access to the data
 2. Yes, for more than 6 months
 3. Yes, for 6 months
 4. No
 5. The state forbids retention of telecommunications data for longer
    than necessary for billing purposes

Key Escrow Burden: What kind of encryption key escrowing, if any, does
the state require?

 1. The state requires escrow of all encryption keys.
 2. The state requires escrow of all keys of a certain size, or has weak
    conditions for the requirement of key escrowing.
 3. The state does not require escrow of keys in general, but can
    request key escrow at any time.
 4. The state does not require escrow of keys in general, but can
    require keys to be handed over as part of criminal investigations.
 5. The state does not require any escrowing of keys.

Network Militarization Burden: Is the state engaged in an electronic
military buildup?

 1. The state has engaged in hostile actions through the Internet.
 2. The state has actively been developing and testing Internet-based
    weapons.
 3. The state is active in both offensive and defensive electronic
    military buildup.
 4. The state is engaged in defensive electronic military buildup.
 5. The state is not engaged in electronic military buildup of any kind.


      Competitive Landscape

Software Patent Burden: What kind of software patent regime does the
state have?

 1. Software patents exist in law and are enforced in practice, both on
    local developers, and imported software.
 2. Software patents exist in law, and are enforced in practice on local
    developers.
 3. Software patents exist in law, but are not enforced.
 4. There is no legal basis for software patents, but software patents
    are granted in practice regardless through alternative mechanisms.
 5. There is no legal basis for software patents.

Anti-Monopoly Protection: How strong are the state's anti-monopoly
protections?

 1. The state actively endorses numerous monopolies.
 2. The state supports some monopolies in relevant industries, such as
    telecommunications, and is inactive in breaking others up.
 3. The state weakly supports some monopolies and has anti-monopoly
    statutes in place for some industries, but they are rarely used.
 4. The state does not support any monopolies directly and has
    anti-monopoly statues in place, which are used occasionally.
 5. The state is very active in disassembling monopolies or repremanding
    companies for monopolistic actions.

Libel Tourism Protection: Does the state have protections against
cross-jurisdictional abuse of weak libel laws in other states?

 1. No, and the state is a party to a treaty or International directive
    which precludes such protections being adopted.
 2. No.
 3. No, but courts have been known to require separate hearings prior to
    enforcement.
 4. Some. Functionally equivalent to article 34 of the Lugano Treaty.
 5. Yes.

Carrier Liability Limitation: Are carriers protected from liability
created by their users' activities?

 1. Carriers are fully liable for activities taking place on their networks.
 2. Carriers are expected to monitor for certain types of behavior, and
    can be found liable if derelict in this obligation.
 3. Weak liability limitations exist, but in practice carriers are often
    threatened directly because of user activities.
 4. Yes, a intermediary liability limitations regime is in place, at
    least eliminating any obligation to monitor.
 5. Yes, a fully functioning intermediary liability limitations regime
    is in place.

Intermediary Liability Limitation: Are telecommunications intermediaries
protected from liability created by their users' activities?

 1. Telecommunications intermediaries are fully liable for activities
    taking place on or enabled by their systems..
 2. Telecommunications intermediaries are expected to monitor for
    certain types of user behaviour and can be found liable if derelict
    in this obligation.
 3. Weak liability limitations exist, but in practice telecommunications
    intermediaries are often threatened directly because of user activities.
 4. Yes, a intermediary liability limitations regime is in place, at
    least eliminating any obligation to monitor.
 5. Yes, a fully functioning intermediary liability limitations regime
    is in place and includes non-carrier intermediaries.

Network Neutrality: Does the state violate or protect network neutrality?

 1. No. Network neutrality is grossly violated in the state.
 2. No. Network neutrality is violated on at least one type of network.
 3. No, but network neutrality violations are infrequent or nonexistent.
 4. Yes, the state actively applies consumer protection or other
    statutes to reprimand network operators for neutrality infractions.
 5. Yes, a law guarantees network neutrality.

Takedown Notice Regime Burden: Does the state have an active notice- and
takedown regime for copyright violations?

 1. Takedown notices are used very aggresively, have no due process
    protection, notification, or appeal rights, and confer direct
    liability to a non-respondent intermediary.
 2. Takedown notices are common and have no due process protection or
    notification process, confer direct liability to a non-respondent
    intermediary, but can be appealed.
 3. Takedown notices are common, have no meaningful due process
    protection, and confer direct liability to a non-respondent
    intermediary, but do require notification and permit appeal.
 4. Takedown notices are infrequent and require full notification of all
    parties, have a right to appeal and no confered liability for
    non-malicious noncompliance, but do not require a court order.
 5. Takedown notices require a court order with full notification of all
    parties, right to appeal, a ban on any presumptive action, and no
    confered liability for non-malicious noncompliance.


      Commercial Issues

Capital Restriction Burdens: Are there any restrictions on the flow of
capital?

 1. Yes, capital controls are in place. All capital flows are subject to
    permission from central authority.
 2. Capital flows are controlled beyond certain amounts and require
    active notification for all amounts.
 3. Capital flows are controlled beyond certain amounts.
 4. Capital flows are controlled internationally, but not within the
    geographic region (such as EU).
 5. No capital controls are in place.

Currency Market Size: Is the currency market (m2) sufficiently large to
support large influxes of investment?

 1. <10 billion EUR
 2. <100 billion EUR
 3. <1.000 billion EUR
 4. 0.000 billion EUR
 5. >10.000 billion EUR

VAT Burden: How high are the top bracket VAT rates?

 1. >25%
 2. >20%
 3. >15%
 4. <=15%
 5. 0%

Equipment Import Duty Burden: What is the burden of import duties for
equipment?

 1. >100%
 2. <100%
 3. <50%
 4. <15%
 5. 0%

Service Provision VAT Burden: How high is the VAT for service provision?

 1. >25%
 2. >20%
 3. >15%
 4. <=15%
 5. 0%

Corporate Tax Rate Burden: What is the corporate income tax rate?

 1. >33%
 2. <33%
 3. <20%
 4. <15%
 5. <10%


      Legal Friction

Incidence of Sanctions: How frequently has the jurisdiction been a
target of sanctions, in particular those covering the import of ICT
hardware and software from major markets or the export of services?

 1. All ICT exports to the country have been banned by most major
    producers and have been for a decade or more.
 2. The export of some ICT products to the country has been regularly
    banned for significant periods of time.
 3. Some export regulations for technologies, particularly "dual-use"
    technologies, have been in place on a regular basis from some major
    producers.
 4. Few if any regulations have existed on technology exports to the
    country from any producer, possibly excepting dual-use technologies.
 5. Never.

Legal Stability: Is the jurisdiction's legal system stable enough to
allow for long-term planning by enterprises?

 1. Frequent radical changes have occurred in basic founding documents
    or the fundamental legal structure. Specific regulations are in
    constant flux, when defined.
 2. Siginficant changes to basic legal structures have happened on a
    regular basis in recent history. Regulatory changes happen often and
    with little or no notice.
 3. The basic legal structure of the country has changed significantly
    in the past 50 years. Regulatory changes happen frequently,
    sometimes with relatively little notice.
 4. The fundamental legal structure of the country has evolved over the
    last centure. Changes to the regulatory regime happen frequently,
    but with notice.
 5. Few or no significant changes have occurred to the fundamental legal
    structure in the past century, which is well-defined and
    well-understood. Regulation changes slowly and with significant
    notice and explanation.

Strength of Rule of Law: Does the rule of law have sufficient force in
the jurisdiction to present a functional framework for business?

 1. There is no effective recourse to the rule of law for most issues,
    including basic property disputes.
 2. It is possible to invoke the rule of law for most issues but it is
    frequently ineffective; corruption is rampant.
 3. The rule of law is generally in effect, although significant
    corruption exists and due process can be slow at best.
 4. The rule of law is effective in all areas, but may be slow; some
    corruption exists.
 5. The rule of law is efficient and complete.

EU Directive Compatibility: How compatible is the jurisdiction with EU
acquis communitaire?

 1. The jurisdiction is incompatible with EU law.
 2. The jurisdiction has some laws which are compatible with EU law.
 3. The jurisdiction has implemented over 40% of EU law or equivalent law.
 4. The jurisdiction has implemented over 60% of EU law or equivalent law.
 5. The jurisdiction has implemented over 80% of EU law or equivalent law.


      Human Resources

Availability of Qualified Workforce: How many unemployed or
underemployed qualified ICT professionalsexist in the country?

 1. <25k
 2. >25k
 3. >50k
 4. >100k
 5. >200k

Average Wage Burden: What is the average wage burden for a qualified IT
professional in the country?

 1. >EUR175.000/year
 2. >EUR125.000/year
 3. >EUR75.000/year
 4. >EUR50.000/year
 5. <EUR50.000/year

Social Welfare Burden: What is the average additional burden for social
welfare for a professional employee, above and beyond wages?

 1. >50%
 2. >40%
 3. >30%
 4. >20%
 5. <20%

Immigration Flexibility: How easy is it for an enterprise to import key
personnel temporarily or permanently?

 1. Immigration is hindered by legal restrictions. Work visas require
    substantial vetting.
 2. Immigration is subject to many restrictions. Work visas require
    minimal vetting and corporate sponsorship.
 3. Immigration is open within the region, but work visas for people
    from outside the region are harder to get.
 4. Immigration is open within the region. Work visas for people from
    outside the region are granted if requested by a company.
 5. Immigration is open. It is easy to get work visas with very few
    restrictions.

Language Compatibility: What percentage of the professional workforce
speak one or more common business languages?

 1. <1%
 2. <5%
 3. <25%
 4. <50%
 5. >50%








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