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Background
These guidelines set out rules about the
structure of a Government Internet site, in order to bring about
the creation of high quality and fitting sites for Government offices
represented on the Internet. These guidelines deal with legal problems
that come up in the use of this medium, discuss problems that may
occur in the future, and set out a framework of rules pertaining
to site operation and responding to citizens' queries.
Definitions
These guidelines use the following terms:
a. Document - a complete unit of information,
a document including a beginning and an end, the result of a query
generating a temporary document which constitutes a complete unit.
b. Screen - part of document. Its size
is not constant and depends on the application and the hardware
used.
c.Site - a collection of documents that
are linked and include shared components (such as graphic elements).
The site usually focuses on a defined subject.
d. Meta-information - information about
information or information that describes other information, e.g.,
a document that contains a description of other documents on the
site (a menu).
e. Home page - the document that introduces
the site, the first document on the site.
f. Information server - the hardware and
software components that permit dissemination of information over
the Internet.
g. Subject index - a list of main topics
on the site. The list includes specific documents and documents
that contain a list of documents on a certain topic. The index
is arranged alphabetically by topics.
h. Site map - a list of the order of documents
on the site, according to their links and hierarchy, relative
to each other. Also known as the "menu tree" of the site.
i. Icon - a graphic symbol kept in a special
file that can be displayed in the software.
j. Toolbox - part of a document, comprised
either of a graphics file or a collection of textual components,
used to navigate within the document or the site.
k. Banner - part of a document, comprised
either of a graphics file or a collection of textual components,
used to introduce a document and to provide information on the
site and the particular document.
l. Teaser - part of a document, comprised
either of a graphics file or a collection of textual components,
used to focus users’ attention on, or to advertise, a certain
topic.
m. Graphic work files - files that belong
to the working process in that they generate graphic elements
and documents on the site. Mostly, these are source files of three
software applications: Freehand, Photoshop, and Strata. In the
context of photographs, the term refers to high-resolution files
generated by an initial scan of the photos and their negatives
or positives.
n. Webmaster - the person who maintains
the integrity of site structure, feeds the site with information,
and ensures sound performance of various components in the site,
including software and links between files. The webmaster keeps
the file dynamic and interesting.
o. Postmaster - the person responsible
for receiving mail at the office site (through the public queries
mailbox) and for disseminating it to the appropriate officials.
The extent of the postmaster’s position is larger when all mail
at the office is directed to one mailbox, and smaller when the
mail is referred to several officials.
Purpose
These guidelines are intended to regulate
the following aspects of the use of information sites by Government
offices:
a. Structure and components of the site;
b. Use of Hebrew on the site;
c. Queries from the public;
d. Copyright;
e. Dissemination of information and advertisements;
f. Services and applications on the site;
g. Backups;
h. Redundancy of information;
i. Contracting with outside parties;
j. Rules for the transition period;
k. Changes in these guidelines.
l. Appendix B - terms of use in Hebrew
for Government information sites.
m. Appendix A - terms of use in English
for government information sites.
Structure and Components of the Site
1. Site name and address - the name of the
site shall appear on the home page and shall include the words,
"State of Israel - Ministry of..." If the site belongs to a division
within a Ministry, the name of the division should be added to the
site name. The site address should comply with the regulations regarding
addresses and names for the Government network (see the document
produced by the Government Network Administration, dated 10 December
96). If the site belongs to an auxiliary unit of a Ministry, the
name of the Ministry in charge of the unit should be added as well.
2. Reference to the office site - if the
site belongs to a division of the Ministry, its home page should
reference the Ministry’s main site. This reference should also be
included in the toolbox of the site, if possible. If the Ministry
does not have a main site, this provision should be disregarded.
3. Reference to the Government gateway -
the home page of the Ministry site should reference the main site
of the Government Ministries (for the time being, http://www.info.gov.il).
This reference should also be included in the tool box, if possible.
4. Seal of the State - the Seal of the State
should be included on the home page of the site. It should be of
a reasonable size and no less than 70*58 pixels. On other pages,
the Seal of the State may be inserted in a smaller format (see http://www.itpolicy.gov.il/icons.htm).
5. Update of pages on the site -
a. Every document on the site shall include
the time of its most recent update. This date may appear at any
appropriate place in the document. The date is important because
the State is responsible for the information on the site and its
timeliness.
b. If the document displays items of information
with different updates, the update of each item shall be noted
separately.
c. If one document on the site contains
another document that has its own date of creation (e.g., an international
agreement), three dates shall be noted: the date of creation of
the separate document, its most recent update, and the update
of the main document on the government site.
d. In the case of records that appear
in a database, the date of creation of each record and the date
of its most recent update shall be cited separately. The updates
and creation dates shall be displayed each time the record is
retrieved from the database and displayed.
6. Searches - to permit rapid and convenient
access to documents on the site, the site shall include a rapid
mechanism for document retrieval. This mechanism will permit free
search of text and retrieval of the appropriate documents. The preferred
option is a Hebrew search engine, but because this is costly, it
may be replaced by a lexicon containing the names of all documents
on the site (an index of topics). For an example, consult http://www.itpolicy.gov.il/mainpage.asp
7. List of office telephone numbers and
addresses - The site shall provide an updated list of telephone
numbers, addresses, and reception hours of service providers at
the ministry who deal with queries from the public. This list shall
not present officials’ first names and cellular telephone numbers;
it suffices to display the name of the office/bureau that provides
the service.
8. Site map - A map of the site structure
should be included in a prominent place. (See http://www.itpolicy.gov.il/site_map.htm).
Standard for Use of Hebrew on the Site
9. Hebrew on the site - according to a document
dated August 28, 1996, issued by the Government Communications Network
Administration, the top of every document shall contain a meta-header
with details concerning the type of Hebrew character set being used.
For visual Hebrew: <meta http-equiv="Content-Type"
contents="text/html; charset=iso-8859-8">
For logical Hebrew: <meta http-equiv="Content-Type"
contents="text/html; charset=iso-8859-8-I">
Visual Hebrew shall be used for the time
being, the Government Network Administration decides otherwise.
Queries from the Public
10. Queries from the public -
a. Every document on the site shall include
a electronic address for queries. The address may appear at any
appropriate place in the document. (Most such addresses are shown
at the bottom of the document.)
b. Every office shall appoint a postmaster
to receive mail from users of the site. His or her address shall
be a general one with no specific name mentioned (for example:
feedback, info). The postmaster shall forward incoming queries
to the officials at the office who are designated to respond.
The postmaster should inform the inquirer that the query has been
received and forwarded to the competent official, mentioning the
official’s name. In this case, the person to whom the message
was forwarded shall be responsible for answering it.
c. The postmaster shall forward questions
on technical matters to the webmaster.
d. A collection of replies to FAQS (frequently
asked questions) from the public should be included in a prominent
place on the site. These replies may be gathered from the e-mail
in-box of the site or from answers to queries that arrive by ordinary
mail to providers of public services at the office. The collection
of replies shall be reviewed by the competent officials at the
office.
e. The office may appoint additional people
to handle and respond to queries from the public, under such guidelines
as the office stipulates. It is recommended that the these officials’
electronic-mail addresses be named for their unit and not after
their own names. For example, the publications department of the
Central Bureau of Statistics would be called pub@cbs.gov.il
f. Whenever a query is answered, a copy
of the reply should be saved. It is recommended to open a special
mailbox at each office for posting of copies of such replies.
g. Every e-mail transmission disseminated
on the office site shall be answered in a manner similar to a
letter arriving by ordinary mail, as set forth in Section 61.3
of the Civil Service Code, in terms of the stipulated deadline
for response (two weeks), determining the competent officials
to respond to inquiries, and the phrasing of the reply.
h. Every letter sent by a civil servant
using electronic mail shall include a "signature" including the
names of the author, the department, and the office. A telephone
number and address may be added.
Copyright
11. Copyright
a. Every document on the site should include
a notice of copyright, in Hebrew and English, with the English
phrasing as follows:
Copyright ã The State of Israel.
All Rights Reserved
b. The expression "terms of use" and its
Hebrew equivalent shall be written next to the copyright notice
and shall include a reference to the document that explains the
"terms of use" for the site.
c. The year of copyright should be updated
each year.
d. It is responsibility of each Ministry’s
legal advisor to prepare a notice of "terms of use" concerning
the Ministry’s site. The "terms of use" shall refer explicitly
to copyright, limitation of the State’s liability to the user,
and the official status of the information on the site. The "terms
of use" shall be tailored to the special nature of each office’s
site. Attached herewith in Appendix A is a recommended notice
of "terms of use" in Hebrew. Attached herewith in Appendix B is
a recommended notice of "terms of use" in English. These "terms
of use" apply to information provided at no charge. Insofar as
information is provided at charge, the liability clause should
be rephrased.
e. With respect to any information displayed
on the site that is not owned by the office, the office shall
make sure:
-that explicit permission to publish
it on the Internet site was given;
-The terms of use for the site should
include a further notice pertaining to the copyright of the
owner of the information.
f. Information which the State holds no
copyright in shall not be included on a Government site unless
the State has obtained authorization as aforesaid (Paragraph e)
to disseminate it on the Internet site of the relevant office.
Dissemination of Information and Advertisements
12. Dissemination of information - dissemination
of information on the office’s Internet site will take place under
all pertinent legal provisions (statutes, regulations, court judgments,
administrative provisions, the Civil Service Code, the General Rules
of Public Administration). Accordingly, information that will result
in an infringement of privacy in contravention of the Protection
of Privacy Law may not be disseminated. Each office shall create
a supervisory mechanism at the appropriate administrative level
for control of information disseminated under the auspices of the
office site, including replies to queries from the public.
13. Advertisements on government sites -
a. Commercial advertisements (i.e., advertisements
not belonging to the offices themselves) shall not be displayed
on government sites. This provision will be revised after standard
methods of handling commercial advertisements on government sites
are stipulated.
b. It is permissible to mention in text
only, in one place on the site, the name of the company that created
the site and the names of other parties involved in having done
so (graphic artists, software writers, site-maintenance providers).
This information should appear in a document called "About the
Site."
Services and Applications on the Site
14. Use of the applications ActiveX, Java,
and JavaScript -
a. In principle, the applications ActiveX,
Java, and JavaScript should not be used on Government sites because
they are incompatible with some of the users’ browsers and operating
systems. These applications often disabled computers or cause
them to "crash."
b. If the office wishes to use an application
of this type, it should place the application in a separate document.
Users who select this document shall be advised of the presence
of the application and the problems that its use may cause.
c. The "terms of use" on the site should
include a general warning about problems that may be caused by
the use of such applications, as well as a disclaimer of liability
of the State for damage that may be caused pursuant to such use.
d. This provision will be modified after
it becomes clear that the use of these applications cannot cause
damage or that protection against such damage can be obtained
in reasonable ways.
15. Forms - Wherever a form appears in the
site, a warning shall be inserted concerning the prohibition against
forwarding information that includes personal or sensitive data.
This provision will be changed after standard secure ways of transmitting
sensitive information are worked out.
16. Discussion groups - an office that wishes
to open a discussion group shall refer the matter to its legal advisor,
who shall elaborate appropriate guidelines. These guidelines shall
ensure that the participants in the discussion group will not publish/disseminate
material prohibited by law - such as material that can infringe
on privacy, copyright, reputation, or State security. The office
shall be responsible for striking the appropriate balance between
control of activity in the discussion group and observance of the
value of freedom of speech.
Backups
17. Backups - thought should be given to
development of a system that will save the history of every document
and save replies to every query sent over a Government site, even
if the site has ceased to exist, for a period of time stipulated
in guidelines. This must be done as a matter of principle which
has implications relating to the Archives Law and the Civil Service
Code. The matter will be brought up with the Government Archives
and the Civil Service Commission in order to determine policy over
this matter.
Redundancy of Information
18. Redundancy of information - redundancy
of information between sites of different divisions of one office,
and between sites of different offices, should be avoided. If an
office wishes to display information that appears on a different
site, it should reference that site instead of duplicating the information.
Contractiwith Outside Parties
19.1 Written Contract Assuring Intellectual
Property Rights:
a. An office that contracts with an outside
party to establish an Internet site shall, by means of its legal
advisor, establish the relationship in a written contract that
assures, inter alia, that the State of Israel will own
all intellectual-property rights to the site, including the contents
and files thereof, except for the provisions in subparagraph b
below.
b. If the contractor, in designing the
site, inserted existing works in which intellectual property rights
belong to a third party or to the contractor himself (e.g., photographs,
graphics, audio and/or video segments, or application software),
the terms of use for these works shall be stipulated in the contract,
pursuant to authorizations of use from the owners of the rights
therein.
c. The terms of the contract shall assure
the State’s right to make any use of the site, including transfer
to a third party for update and maintenance, and including the
use of the site and any or all or its components on the sites
of other Government offices and their auxiliary units.
19.2 Modifications, Title Attribution, and
Moral Rights
a. The contract shall set forth appropriate
arrangements for modification of the site, including its files,
and for mention of the contractor (including contractor’s employees
and anyone operating on his/her behalf) on the site.
b. The contract shall stipulate explicitly
that the arrangements in subparagraph a above shall supersede
any "moral right" (under Paragraph 4a of the Copyright Ordinance)
of the contractor, his/her employees, or anyone acting on his/her
behalf, and that said arrangements express the waiver of said
moral rights.
c. Because a proliferation of changes
and updates, sometimes by different players, is part of the special
nature of Internet sites, it is recommended not to mention by
name every person who took part or is taking part in designing,
building, updating, or maintaining the site. This precaution is
meant to avoid disagreements among the various parties as to their
share in the site at any given time.
d. If the names of the designers and/or
builders of the site are nevertheless mentioned, the contract
should stipulate the terms under which names shall be added or
deleted in case of changes in the structure or design of the site,
and should stipulate that this will be done only on the "About
the Site" document.
19.3 The contractor shall state in the contract
that neither he/she nor any third party, including his/her employees
or anyone else acting on his/her behalf, owns property rights or
other rights in the site, including its contents and files, including
moral rights, save those rights spelled out under the provisions
of Paragraph 11.b above.
19.4 Infringement of Intellectual Property
Rights:
a. The contract shall contain a provision
for indemnification/compensation in case of claim by a third party
for infringement of intellectual property rights with respect
to a site provided by the contractor. This indemnification/compensation
provision shall also apply to claims on the part of employees
of the contractor who dealt in designing and building the site,
and any other party who operated on the contractor’s behalf.
b. The contract shall also contain terms
under which the contractor shall delete from the site any work
that creates an infringement and replace it with a legal work
as the office demands.
Rules for the Transition Period
20. Transition period - offices that already
operate Internet sites shall fit their sites to these Guidelines
within a reasonable period of time from the date on which these
Guidelines goes into effect, but no later than six months from that
time.
Changes in this Guidelines
21. These guidelines shall be updated from
time to time and shall be disseminated widely.
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