French Regulator to ask all your information about your Peering

Eric Brunner-Williams brunner at nic-naa.net
Fri Mar 30 13:43:50 CDT 2012


interesting discussion of jurisdiction.

> In the present instance, we regard ARCEP’s proposed reporting requirement as constituting an extra- 
> territorial obligation that ought not to be applied to operators who are neither established in France nor 
> directly providing services within France, merely by virtue of their interconnecting with a network that 
> does operate in France. 
>  
> Similar considerations apply, mutatis mutandis, to the application of a reporting requirement to the 
> providers of content services established and operating outside France. We do not consider the provision 
> of content in the French language to be sufficient, by itself, to place the content provider within ARCEP’s 
> jurisdiction. 
>  
> We consider this lack of jurisdiction to be sufficient reason for ARCEP to withdraw categories (b) and (d) 
> from the scope of persons enumerated in Article 1 of the Draft Decision. 

-e




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