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The Package of rules governing the Internet and telecoms sectors proposed by the European Commission in view of supporting competition and providing clearer information and a wider range of services to consumers was approved by the European Parliament on 24 September 2008, in the first reading. The measures that would have allowed a control on Internet users were rejected.
The package including four legislative proposals was proposed on 13 November 2007 and had in view the establishment of a new EU telecoms authority, the introduction of functional separation in order to boost competition, a review of radio-spectrum management and a range of consumer protection measures.
Following a strong pressure from the consumers, privacy groups and telecoms industry, the MEPs rejected the idea that ISPs should filter all downloads and punish the infringers of anti-piracy rules, being thus transformed into a sort of online police.
The key amendments in this respect were Amendment 166 to the Harbour report and Amendment 138 to the Trautmann report, both adopted by the EP. "They state that users' access may not be restricted in any way that infringes their fundamental rights, and (166) that any sanctions should be proportionate and (138) require a court order. They both reinforce the principle established on April 9th in the Bono report, that the Parliament is against cutting off people's Internet access as a sanction for copyright infringement. Cutting off Internet access was not explicitly in the Telecoms Package, but it did open the door to 3-strikes. These amendments close that door." as Monica Horten correctly points out.
The EP decided that personal data processing should not require the user's prior consent. Also, there was no clear decision on the issue of whether IP addresses should be considered as personal data.
However, the EP approved the application of a prior consent clause to software such as cookies, which are installed in the users' computers and which provide information on their behaviour to the companies having created them, such as search engines. Another amendment requires the telecom companies to inform the national telecom regulators if they suffered serious data security breaches, that might affect their users' privacy.
The Parliament's vote was welcomed by most interested parties being considered as a good step in the direction of privacy, the protection of personal data, and principles of proportionality and separation of powers.
The European consumers organisation, BEUC stated: "Today MEPs voted to reinforce consumer rights and competition in telecoms markets across Europe. We hope the Council will follow the same line towards improving and facilitating consumers' daily lives. Many consumers still suffer from problems with their telecom providers: from complicated information to very long-term contracts, not to mention difficulties in switching. Concretely, thanks to today's move, consumers could benefit from more transparent information about tariffs and conditions of contracts."
La Quadrature du Net, the group of citizens acting for individual rights and freedoms and supported by French as well as international NGOs, wanted to thank "all MEPs who have worked in this direction, and all citizens who mobilized en masse to alert their delegates on these issues. We'd like to thank particularly the MEPs who have been able to reconsider their positions as they became aware of the risks to the rights and freedoms of their fellow-citizens." However, the body still warns on some issues of concern particularly that of the danger that the adopted Amendment 138 may be withdrawn. Amendment 138 states that no restriction on the rights and freedoms of end users can be taken without prior decision of the judicial authority, only in cases when public safety is concerned.
There is strong support for the adoption of the telecoms package by the end of the mandate of the present Parliament, at the middle of 2009. The next step in this issue will be the next Telecoms Council which is planned for the end of November.
Parliament backs major telecoms, Internet overhaul (25.09.2008)
http://www.euractiv.com/en/infosociety/parliament-backs-major-telecoms...
MEPs back altered telecoms reform (25.09.2008)
http://www.out-law.com/page-9456
European Parliament votes against 3-strikes (24.09.2008)
http://www.iptegrity.com/index.php?option=com_content&task=view&am...
Telecoms Package : European democracy's victory already threatened
(26.09.2008)
http://www.laquadrature.net/en/telecoms-package-european-democracys-vi...
EDRIgram: The telecom package debated by the European Parliament
(10.09.2008)
http://www.edri.org/edrigram/number6.17/telecom-package-debated