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MEPs want to torpedo the Free Internet on July 7th
Brussels, July 1st, 2008 - updated : July 2nd, 2008 One week before a key vote in the reform of European law on electronic communications ("Telecoms Package"), La Quadrature du Net (Squaring the Net) denounces a series of amendments aimed at closing the open architecture of the Internet for more control and surveillance of users. European Internet users could be blocked from lawful activities by mandatory spyware, in the interests of their security. The right to use free software for internet access would therefore not be assured anymore. The neutrality of the Internet is also directly attacked, as is the principle that technical intermediaries have no obligation to prior surveillance of contents. Other amendments will de facto enable administrative authorities to obligate ISPs to work with content producers and rights-holders' private police, including the sending of intimidating messages, with no judicial or regulatory oversight. These measure goes further than the French "graduated response" project, which has been subject to widespread opposition, including by the European Parliament on April 10th. That is undoubtedly why those amendments have turned up on early july, and why those drafting them use subtle rhetoric and crossed-references to make the overall text harder to understand (more than 800 amendements on 5 directives were tabled).
European Internet users could be blocked from lawful activities by mandatory spyware, in the interests of their security. The right to use free software for internet access would therefore not be assured anymore. The neutrality of the Internet is also directly attacked, as is the principle that technical intermediaries have no obligation to prior surveillance of contents. Other amendments will de facto enable administrative authorities to obligate ISPs to work with content producers and rights-holders' private police, including the sending of intimidating messages, with no judicial or regulatory oversight. These measure goes further than the French "graduated response" project, which has been subject to widespread opposition, including by the European Parliament on April 10th. That is undoubtedly why those amendments have turned up on early july, and why those drafting them use subtle rhetoric and crossed-references to make the overall text harder to understand (more than 800 amendements on 5 directives were tabled).
"The politicians who engage in these summer manoeuvres dishonour Europe and their mandate. They rely on the fact that nobody watches them a week before Parliamentary holiday, to divert the Telecoms package from its primary objectives of consumer protection. They pave the way for the monitoring and filtering of the Internet by private companies, exceptional courts and orwellian technical measures. It is inconceivable for freedom but also for European economic development. We call on all MEPs to oppose what they have already rejected." said Christophe Espern, co-founder of La Quadrature du Net (Squaring the Net).
Netzpolitik.org summarises thus:
A very complex law (5 directives, more than 800 amendments), and crucial votes on the beginning of the summer in a very opaque process. Various amendements (from Mavromatis, Guardans, Harbour, Trautmann, etc.) seem to do the opposite of the announced goal of the text of increasing the consumer protection.
That I'd call a trojan law, then.
See also futurezone@orf.at: EU-Pläne bedrohen das freie Internet
The ‘Telecoms Package’ and the copyright amendments – a European legal framework to stop downloading, and monitor the Internet / by Monica Horten, PhD researcher in European communications policy at University of Westminster, Communications and Media Research Institute. – Draft, 2008-06-30
This is far more serious than the journalistic neutrality bill.
How likely is it to pass?
European Parliament: Telecom Package: overhauling EU rules (Free movement of services - 07-05-2008 - 11:05)
EU legislation needs to be updated to keep pace with the rapid progress in the market and technologies of the electronic communications industry internet, fixed line and mobile telephone. Two committees of the European Parliament are sharing this legislative workload: the Internal Market Committee focuses on universal service provision and consumer rights while the Industry Committee deals with other aspects of the telecoms package. Both committees debated these issues with about 20 industry and consumer experts on Tuesday. Industry Committee: ensure investments in next-generation networks ... Set up a small, streamlined "Body of European Regulators in Telecoms" (BERT) ... Internal Market Committee: experts' views ... Better information for consumers ... Easier access to emergency numbers ...
Both committees debated these issues with about 20 industry and consumer experts on Tuesday.
Industry Committee: ensure investments in next-generation networks
...
Set up a small, streamlined "Body of European Regulators in Telecoms" (BERT)
Internal Market Committee: experts' views
Better information for consumers
Easier access to emergency numbers
Amendment H1, Harbour : Allows national regulation authorities and the Commission to establish standards which restrict the running of lawful applications and lawful services and access and distribution of lawful content. A national regulatory authority may issue guidelines setting minimum quality of service requirements, and, if appropriate, take other measures, in order to prevent degradation of services and slowing of traffic over networks, and to ensure that the ability of users to access or distribute lawful content or to run lawful applications and services of their choice is not unreasonably restricted. Those guidelines or measures shall take due account of any standards issued under article 17 of Directive 2002/121EC (Framework directive). The Commission may having examined such guidelines or measures and consulted [XXX], adopt technical implementing measures in that regards if it considers that the guidelines or measures may create barrier to the internal market. Theses measures designed to amend non-essential elements of this directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 37(2).
A national regulatory authority may issue guidelines setting minimum quality of service requirements, and, if appropriate, take other measures, in order to prevent degradation of services and slowing of traffic over networks, and to ensure that the ability of users to access or distribute lawful content or to run lawful applications and services of their choice is not unreasonably restricted. Those guidelines or measures shall take due account of any standards issued under article 17 of Directive 2002/121EC (Framework directive).
The Commission may having examined such guidelines or measures and consulted [XXX], adopt technical implementing measures in that regards if it considers that the guidelines or measures may create barrier to the internal market. Theses measures designed to amend non-essential elements of this directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 37(2).
This is basically a call for DRM for both software and content, and possibly bandwidth caps on file sharing.
But DRM exists already, and so do bandwidth caps. Measures like these are always unenforceable in practice because it would mean data monitoring at the OS level. Considering what a disaster that has been in Vista, and considering how much iTunes sucks, and considering how easy it is to rip CDs and DVDs without DRM, and considering that there is no reliable DRM technology, it's not going to happen. I can't see Linux being outlawed just yet, especially when some governments are looking at Open Source options to save cash.
Para 2 is more worrying, because it could be read as a net neutrality Trojan, depending on how generous your definition of 'lawful' is.
But I'm not convinced yet that this is a serious push to give corporate content bandwidth priority, or that the support exists to make any such push a reality.
Article 2 point 5 a (new) Directive 2002/58/EC Article 14 paragraph 1 (5a) In Article 14, paragraph 1 shall be replaced by the following: 1. In implementing the provisions of this Directive, Member States shall ensure, subject to paragraphs 2 and 3, that no mandatory requirements for specific technical features, including, without limitation, for the purpose of detecting,intercepting or preventing infringement of intellectual property rights by users, are imposed on terminal or other electronic communication equipment which could impede the placing of equipment on the market and the free circulation of such equipment in and between Member States. For information paragraph 2 and 3 mentionned in this paragraph 1 : 2. Where provisions of this Directive can be implemented only by requiring specific technical features in electronic communications networks, Member States shall inform the Commission in accordance with the procedure provided for by Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society ser vices(9). 3. Where required, measures may be adopted to ensure that terminal equipment is constructed in a way that is compatible with the right of users to protect and control the use of their personal data, in accordance with Directive 1999/5/EC and Council Decision 87/95/EEC of 22 December 1986 on standardisation in the field of information technology and communications(10).
This is 'If there are measures, they have to be standardised across the EU and can't be seen as restriction of trade.'
It's almost redundant given the previous amendment.
I'm not seeing suggestions here for institutional government monitoring of all data, or blanket crack-downs on file sharing. If there are proposals to do that, they're not in these amendments.
File sharing can't be stopped, because if someone is prosecuted for file sharing legal files - which is always possible - these amendments mean there's no legal case against them.
If I upload one of my own songs to Demonoid, and people download it, it's going to be hard to persuade any court that laws have been broken.
The entire "codecision" file is here. This is a first reading of the original Commission proposal. When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
So this must be a vote in committee. When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
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