The most recent working documents from the Council of EU show an obvious will of denying fundamental rights and freedom of internet users recalled by the European Parliament: along with Amendment 138 protecting the right to a due and balanced trial, Amendment 166 recalling the principle of proportionality may also be removed, as well as crucial protection of privacy measures that were added, according to the recommendations of the European Data Protection Supervisor (EDPS).

Just to give a glimpse of the foul play that apparently goes on in Brussels - and not limited to the Council - amendment 166 disappeared from the EP webpage the crucial day before the voting. The day before the voting NGO:s give their recommendations to the parlamentarian groups, and if the amendment is not there it might be missed. For example BEUC - The European Consumers' Organisation missed it. PES puts a lot of weigth on BEUCs recommendations. Swedish internet activists were up in arms about it at the time.

Lines of communications appears to have been working, PES decided in favour of 166 and it passed but by a much slimmer margin then 138. Do not think there has been any explanations as to why 166 disappeared. It evidently appeared later as it can be found now but at two o'clock the day before the vote is just was not there (follow link and scroll down for screenshot).

Now why all this fuss about an amendment recalling the principle of proportionality? Because if it stands net filtering (that is general net surveilliance and censorship of the forbidden parts) can not be used to counter online copying. And net filtering is a wet dream for the copyright lobby as well as a lot of politicians and bureaucrats.