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European Convention on the Legal Protection of Services Based On, Or Consisting of, Conditional Access

NCJ Number
Date Published
9 pages
This booklet contains the convention or agreement, written in both English and French, between the member States of the Council of Europe, other States, and the European Community signatories, making illegal a number of activities which give unauthorized access to protected (conditional access) services, and to approximate the legislation of parties in this area.
This European Convention defines "conditional access" as any technical measure and/or arrangement permitting access in an intelligible form, and subject to prior individual authorization, to one of the protected services mentioned in paragraph a, of Article 2, of the convention. "Protected Services" is defined as any of the following services, when provided against remuneration and on the basis of conditional access: radio broadcasting services, transmitted by wire or over the air, including by satellite; information society services, offered by electronic means at the individual request of a recipient and at distance; and television program services. The convention contains a Preamble, followed by Section I-General Provisions which includes Article 1, Object and Purpose. Section II-Illicit Activities includes Article 4-Offenses. Section III-Sanctions and Remedies includes Article 5- sanctions for unlawful activities; Article 6, Confiscation Measures; and Article 7, Civil Proceedings. Section IV-Implementation and Amendments includes Article 8, International Co-operation; Article 9, Multilateral Consultations; Article 10, Amendments; and Article 11, Relationship With Other Conventions or Agreements. Section V-Final Clauses, includes Article 12, Signature and Entry into Force; Article 13, Accession to the Convention by Non-member States; Article 14, Territorial Application; Article 15, Reservations; Article 16, Settlement of Disputes; Article 17, Denunciation; and Article 18, Notifications. A list of sales agents for Council of Europe publications is included.