Editing Network Commons License (section)

=Network Commons License v0.3 (D-PPT-DA-C)=

==Preamble==
The Network  Commons License (NCL) describes the terms and conditions associated with the provision and utilization of free networks, and so enables  individuals, communities, companies, governments and other organizations  to build or support such networks. The NCL is a framework of mutual rights, responsibilities, and freedoms. This framework is intended to help preserve the natural, inviolable rights of communication and free expression. It is designed to foster cooperation by establishing specific duties and privileges for participants in free networks. It is based on the following core principles:

*You have the right to join the network, and the responsibility to extend this set of rights to anyone, under these same conditions.
*You have the right to understand the network, to know its components, and to spread knowledge of its elements and principles.
*You have the right to offer services and content to the network on your own terms.
*You have the freedom to use the network for any purpose as long as you don't harm the  operation of the network itself, the rights of other participants, or the  principles of neutrality that allow contents and services to flow  without deliberate interference.

==Definition of Terms==
'Network  facilities' or 'facilities' consist of the transmission  media through which the  translocation of information occurs, and the processing equipment  that signals over those media.  Examples of transmission  media include UTP, STP, Coaxial and other  conductors, optical fiber and  other waveguides, and electromagnetic  flux through free  space. Examples of processing  equipment include hubs, switches,  routers, sensors, servers, and other computers.

This  license distinguishes between three modes in which network facilities can be operated: private,  proprietary and free.  Private network operation is conducted by  individuals or  organizations in  order  to meet  their own communications  needs,  without taking a  pecuniary interest in such  operations.  Proprietary network operation  is that which does not comply with any NCL or  NCL-compatible license,  and that does  not qualify as private  operation.  Free network  operation is conducted in accordance with  an NCL or  NCL-compatible  license.  NCL and NCL compatible licenses are limited to those licenses  officially designated as such by The Free Network Foundation, or its  duly appointed agent. 

It is  possible for multiple modes of operation to occur simultaneously in a  particular network facility. Such simultaneous operation can occur if  and only if a multiplexing method is employed that provides for distinct modes of operation to be practically identified, differentiated and processed accordingly. In such cases, the network facility in question is termed 'multivalent', as opposed to 'univalent' or 'dedicated'. Those portions of a multivalent network facility operated in any particular mode are referred to as a 'faculty' operated in that mode. Examples of multivalent facilities include optical fibers carrying multiple independently coherent beams of light, ethernets of various material composition carrying multiple Virtual Local Area Networks (VLANs), switches attached to multiple VLANs, and routers attached to multiple networks.

Taken together, faculties and facilities constitute 'network elements'. Throughout this license, the terms 'this network,' 'the network', and 'the free network,' unless otherwise specified, refer to the contiguous collection of freely operated network elements that are conjointly governed and subject to this license. With regard  to this network, individuals or organizations who own, install, or  operate elements of the network are designated 'network participants' or  'participants,' and Individuals or organizations that seek to add new  elements to the network are designated 'network proponents' or  'proponents.'  

This license distinguishes between four types of network traffic: Traffic originating and terminating within the network is termed  'transport' or 'transport traffic', traffic originating and terminating  outside of the network is termed 'transit' or 'transit traffic, traffic originating inside the network and terminating outside the network is termed 'egress' or 'egress traffic', while traffic originating outside the network and terminating within the network is called 'ingress' or 'ingress traffic.' Network boundaries always occur at a point of interconnection between two or more network elements, hereinafter referred to as a 'network  interface'   or 'interface'.  If all elements attached to a given  interface are  part  of  this network, it is an 'internal' or 'common'  interface. If a  subset  of the elements attached to an interface are  part of this  network, it  is a 'boundary', 'demarcation' or 'demarc'  interface.   If  none of the  elements attached to a given interface are  part of this  network, it is  an 'external' interface. 

==Governance==
Network participants must establish and maintain a Network Governance Body (NGB) capable of effectively instituting rules for provisioning and utilizing network elements in congruence with local conditions. This body is required to facilitate: effective monitoring of the network in  accordance with this license, an expedient process for resolving  conflicts between participants, and a uniformly applicable system of  graduated sanctions for participants that violate either this license or  the body's established rules. 

The NGB must allow for the meaningful involvement of all participants in the decision making process. While the NGB may establish specific definitions of 'installation', and 'maintenance' as they pertain to inclusion as a participant in the network, such definitions should include all those who routinely contribute to the establishment or maintainance of network elements.

Whereas this network may be contained within a  supernetwork, and may itself contain subnetworks, the NGB should be organized in such a way that it can be readily comprehended as constituent in a larger body, and can readily comprehend smaller bodies as constituent in itself. The NGB must accede to the authority of any bodies in which it is constituent, and should defer to the authority of bodies constituent in it whenever doing so is practicable, and would not result in a conflict with this license.

==Participation==
Individuals and organizations have the right to participate in this network to whatever degree they are able. This right necessitates that participants actively enable proponents to expand the network. Proponents must be allowed to add new elements to the network  whenever such additions are feasible and will not jeopardize the proper functioning of the network. The NGB may, in order to ensure that network functionality is not compromised, establish rules limiting the execution of particular duties to those who can demonstrate the requesite expertise and ability to perform those duties safely, efficiently, and reliably. It may not, however, establish rules that unduly privilege particular individuals or organizations either by granting them exclusive rights to service network elements, or by establishing qualifications for duty that cannot reasonably be satisfied by others. In those cases where a proponent is unqualified or unable to provision particular network elements, they must have the right to hire a provably qualified individual or company to provision them on their behalf.

The network must be constructed and operated in such a way that the tools, technologies, and information necessary for the interoperation of network elements are available without unduly prohibitive effort or cost. While reasonable efforts must be made to support interopation of elements, this requirement does not necessitate the sharing of cryptographic and other security-related materials, outside of any guidelines established by the NGB. It is the responsibility of network participants to make adequate documentation of the network and its elements available to all. All elements of the network should be readily knowable to participants, proponents, and the general public.

==Proprietorship==
It is a violation of this license to exact a price for transport traffic above those costs reasonably and demonstrably incurred in establishing and maintaining the utilized network elements. Such costs may include network facilities, electrical power,  roof rights, colocation, rights of way, and other easements, as well as costs for engineering, management, and labor. The recovery of these costs may occur by any means that is mutually agreeable to the involved parties, but should be fairly distributed amongst users of an element over its expected or observed lifetime. Compensation for costs may include currency and/or in-kind compensation, such as network capacity or services rendered.

Indviduals, organizations, and collections thereof may act as proprietors of network elements. Proprietors retain ownership of their elements, and may disconnect those elements from the network at their own discretion. While the NGB may establish guidelines for disconnection, including a reasonable expectation of forewarning, such guidelines cannot prohibit proprietors from repurposing their property at will. ((D))

==Peering==
Participants may interconnect the free network with other networks, be they private, proprietary, or free. Such peering must be conducted in such a way that it does not bring harm to the network.

When interconnecting a private network to the free network, it is the responsibility of the participant establishing the interconnection to ensure that the private network is equipped to deal with whatever traffic may result from such interconnection. Paid or unpaid applications may be offered to the network from interconnected private networks, so long as users are not charged for the use of the private network itself -- for example, a participant may establish a paid web, sensor, or other application residing on a host inside of a private network, but they may not charge participants to reach that host.
When interconnecting a proprietary network to the free network, it is the responsibility of the participant establishing the interconnection to ensure that the proprietary network is equipped to deal with whatever traffic may result from such interconnection in accordance with the terms and conditions associated with the use of the proprietary network. Paid and unpaid services, including ingress and egress capacity as well as other applications, may be offered to the network from interconnected proprietary networks. The provider of such services is responsible for making any terms and conditions of usage clear to users, which may include price above incurred cost. Participants may not exact payment for the use of interconnected proprietary networks in situations where the terms and conditions for the utilization thereof have not been made clear to the user. 

The NGB may establish rules for the sale of transit capacity to interconnected proprietary networks at a price above incurred cost. The NGB may also establish rules for the payment of dividends from those offering egress and ingress capacity to the network to those offering transport to and from points of interconnection. Such rules may provide for the even distribution of revenues amongst participants, or for the proportional allotment of revenues to those providing transport capacity between points of origination, termination, egress, or ingress, as the case may be. ((PPT))

When interconnecting an external free network to this free network, it is the responsibility of the participant establishing the interconnection to ensure that both networks are equipped to deal with whatever traffic may result from such interconnection, and that the licenses governing the two networks are compatible.

==Interception==
Participants  may not intentionally inspect, capture, or store the semantic content  (encapsulated payload) of any communications, unless permission to do so  is granted by the source of the communication in question.

While it is permissible to examine forwarding (e.g. source or destination addresses, hardware addresses) and performance (e.g. throughput, latency, jitter) data, such data should not be stored in such a way that it could possibly serve as personally indentifying information, and operators should only examine such data when it is necessary to improve or troubleshoot network performance.  ((DA))

==Interference ==
Participants are free to utilize the network in any way that does not jeopardize its functionality or otherwise conflict with this License. Participants may not intentionally interfere or seek to interfere with the traffic of others, with few exceptions: It is  permissible to discriminate against traffic based on forwarding  information, if and only if there is a reasonable and demonstrable cause  to believe that the traffic would harm the free network or networks to  which the free network is interconnected. Neither participants nor the  NGB may establish rules or procedures that discriminate against traffic  based on its semantic content.

The NGB may, however, establish rules privileging or discriminating against traffic based on the protocols (e.g. VoIP, BitTorrent) it employs, but may only due so for the purposes of improving the general quality of service on the network.  ((C))

==Errata==
The Network Commons License is distributed under a Creative Commons Attribution, Share-alike license, which stipulates that derivative works are allowed, must give credit to the Network Commons License, and must be released under these same conditions. In addition, we stipulate that derivative works may not use the title 'Network Commons License' or derivatives thereof.