(Dieser Artikel ist auch in deutscher Sprache verfügbar)
In a press conference on 18 September, Peter Hustinx, the European Data Protection Supervisor (EDPS) expressed the opinion that terrorism fighting legislation must observe data protection rights.
The EDPS has advised EU bodies on relevant and very controversial data protection issues like the transfer of PNR-data, the telecommunications data retention, and large scale IT-systems such as the Visa and Schengen.
According to Hustinx, privacy and data protection does not hinder the fight against terrorism and crime.
"It is a misconception that protection of privacy and personal data holds back the fight against terrorism and organised crime. Current legislation however does allow for instance law enforcement to check suspicious phone numbers found in a computer. Good data protection actually goes hand in hand with legitimate crime fighting because it increases the quality of data bases and at the same time makes sure that only the right people can access them" said Hustinx.
If adopted, the new legislation on fighting terrorism will provide an unprecedented data exchange. Citizens must have the guarantee that their personal data are used only by authorised entities and only when necessary.
One concern expressed by the EDPS is that a check-up of about 100 existing personal data processing systems has revealed that in most cases institutions do not advise individuals when their data are processed and why.
The EDPS is actually one of the few European institutions that tries to make a correct balance in the present controversial debates regarding security legislation, by advising on adequate safeguards and clear standards of data protection.
EU and the right to privacy: EDPS on mid-term state of play (18.09.2006)
http://www.edps.eu.int/Press/EDPS-2006-9-EN_mid_term.pdf
Terrorism no excuse for privacy breaches, says EU regulator (19.09.2006)
http://www.theregister.co.uk/2006/09/19/terrorism_privacy_breaches/
(Dieser Artikel ist auch in deutscher Sprache verfügbar)
The Belgium newspaper group Copiepress sued Google News, considering they should have asked its permission and agreed financial terms when publishing material from their Belgium newspapers. Google lost in the first instance, but also the appeal against the ruling given on 5 September 2006.
Facing a 1 million euro fine per day, Google removed the pages in question but did not answer immediately to the decision of the court asking for the publishing of the full judgment on its site for 5 days, considering that the publicity around the case had made this action "unnecessary". However, in danger of being fined 500 000 euros per day for not publishing the judgment, Google abided to the court's decision on 22 September. The decision can now be found on the Belgium version of the Google website - google.be.
Google lawyers will make a new appeal against the decision of the Belgium court arguing Google News does not infringe the copyright law. The company states: "It is important to remember that we never show more than the headlines and a few snippets of text. If people want to read the entire story they have to click through to the newspapers' website." The company affirmed it would immediately remove an article at its publisher's request. The new appeal will appear in front of the Court in November.
Several media organisations recently announced the intention to introduce the Automated Content Access Protocol (ACAP), a pilot technology for granting permissions on the basis of financial terms. Francisco Pinto Balsemão, chairman of The European Publishers Council (EPC) stated: "ACAP will unambiguously express our preferred rights and terms and conditions. In doing so, it will facilitate greater access to our published content, making it more, not less available, to anyone wishing to use it, while avoiding copyright infringement and protecting search engines from future litigation."
Copyright: Google publishes its condemnation on its Belgium pages (only in
French, 23.09.2006)
http://www.lemonde.fr/web/depeches/texte/0,14-0,39-28274393,0.html
Facing Belgium, Google hesitates between resistance and response (only in
French, 21.09.2006)
http://www.pcinpact.com/actu/news/31538-google-belgique-presse.htm?ca=...
Google loses Belgian news appeal (22.09.2006)
http://www.theregister.co.uk/2006/09/22/google_loses_news_appeal/
Google News faces 1m euros fine in Brussels (18.09.2006)
http://www.theregister.co.uk/2006/09/18/google_news_copyright_belgium/
(Dieser Artikel ist auch in deutscher Sprache verfügbar)
The software patents issue will be back, once again, for discussion, with the European Patent Litigation Agreement (EPLA) proposal which calls for the harmonization of patent laws in EU states. EPLA could to be voted on 11 October 2006 in the European Parliament.
Last year, the Parliament voted against the proposed directive on Computer Implemented Inventions which would have legitimized software patents in Europe. The new EPLA proposal would mean an integrated judicial system and appeals process for patents.
The supporters of the EPLA consider it will help SMEs to better use the patent system and believe it will not open the door to software patent litigation.
Three parliamentary groups, PES (European Socialists), Greens/EFA and GUE/NGL (European United Left), have filed a motion arguing that the agreement is a threat to democracy, to judicial independence, puts SMEs under risk and increases the litigation costs. The proposition faces opposition from anti-patents campaigners as well as businesses.
Critics also accuse Internal market commissioner Charlie McCreevy for not being able to offer clear answers on the draft agreement regarding costs, judicial independence or jurisprudence.
Pieter Hintjens, President of Foundation for a Free Information Infrastructure, also opposing the measure, stated that the European Patent Litigation Agreement "means higher costs for small businesses, and increased litigation risks. More U.S.-style litigation is not the solution. We just need a better patent office."
Europe's software patent war ignites again (21.09.2006)
http://news.com.com/2100-1012-6118063.html
Software patents back to haunt Europe (22.09.2006)
http://www.theregister.co.uk/2006/09/22/europe_patent/
Commission unable to answer MEPs on Patent Litigation Agreement (21.09.2006)
http://press.ffii.org/Press_releases/Commission_unable_to_answer_MEPs_...
(Dieser Artikel ist auch in deutscher Sprache verfügbar)
On 25 September, the German Working Group against Data Retention (Arbeitskreis Vorratsdatenspeicherung) started an online campaign against the mandatory storage of all communications data. Through a special web portal, concerned citizens can send electronic open letters to all 448 parliamentarians of the ruling grand coalition and raise their concern and protest against data retention. The letters are also anonymized and published on the portal website. There is no pre-defined text for the letters that the senders have to write themselves, so such a letter could not be considered spam. The working group is only giving advice on its main website on how to frame the arguments in the letter.
With this campaign, the working group wants to raise pressure on the German government and make it postpone the implementation of the EU data retention directive until a decision has been made by the European Court of Justice. The Irish government has already challenged the directive in the ECJ, and EDRi member Digital Rights Ireland is currently preparing a lawsuit at the Irish constitutional court as well as the ECJ. German groups are also preparing a court challenge, should the grand coalition ignore the protests and enact national legislation for data retention.
Reactions for the online campaign are very good. Within the first two hours after it was reported in the German news ticker heise.de, campaign supporters already have sent 120 individually formulated letters of protest.
Stop the data retention ! (only in German)
http://www.stoppt-die-vorratsdatenspeicherung.de
Open Letters against Data Retention (only in German)
http://briefe.gegen.daten.speicherung.eu
Campaign: Open Letters against total logging of telecommunication (only in
German, 25.09.2006)
http://www.vorratsdatenspeicherung.de/index.php?option=com_content&...
ENDitorial : Fighting Mass Surveillance (13.06.2006)
http://www.edri.org/edrigram/number4.17/enditorial
(Contribution by Ralf Bendrath, EDRi member Netzwerk Neue Medien e.V., Germany)
(Dieser Artikel ist auch in deutscher Sprache verfügbar)
The Office of Communications (Ofcom), the UK communications regulator, commissioned a research report on the draft Audiovisual Media Service (AVMS) directive proposed by the European Commission in December 2005, as an extension to the Television Without Frontiers (TWF) Directive.
The AVMS directive was proposed as a new regulatory framework to cover not only traditional television but also new media TV-like services.
The business groups are opposed to the proposed directive considering it will discourage new business in Europe and the same rules that are applied to television content should not be applied to new media. The business lobby group CBI said :"TWF as drafted would shoehorn digital content providers into rules designed for traditional broadcasters, undermining high-value, high-tech economic growth when it should be stimulating it."
European media scholars have also criticized the directive, considering it might have a negative impact on the Internet.
The research report performed by RAND Europe examined the impact of the proposed regulations on Internet Protocol TV (IPTV), online games and mobile multimedia.
Regarding the IPTV, the study conclusion was that a more internet-like 'open access' style of content would also involve producers from outside the EU and therefore the directive could discourage the establishment of web-broadcasting business in the EU.
It says that AVMS Directive "could itself be a contributory cause of the migration of economic activity towards this 'open-access' model, but clearly, the heavier and less practicable the EU regime, the more likely it is that distributors will favour alternate means to address consumers."
The conclusion of the report is that the proposed AVMS does not offer companies, especially SMEs, sufficient regulatory certainty to encourage investment in EU and that the costs involved by the heavy regulation could make companies move outside Europe.
Based on the report, Ofcom questioned whether the Directive should exist at all. "The Commission should examine whether or not there is a continued need for regulatory measures. Over-regulation risks otherwise driving key strategic activities outside of the EU."
In the event the Directive is implemented, Ofcom said that the regulation should be light and clear guidance should be provided to the Commission and national authorities to ensure that the implementation is done in "a proportionate, transparent, evidence-based and light touch way".
Assessing Indirect Impacts of the EC Proposals for Video Regulation
http://www.rand.org/pubs/technical_reports/TR414/
Television Without Frontiers Directive must protect new media, says Ofcom
(21.09.2006)
http://www.out-law.com/default.aspx?page=7319
EDRI-gram: EU Audiovisual Directive:Budapest Declaration for Freedom of the
Internet (30.08.2006)
http://www.edri.org/edrigram/number4.16/budapestdeclaration
(Dieser Artikel ist auch in deutscher Sprache verfügbar)
Privacy International released on 20 September 2006 a comprehensive review of Freedom of Information (FOI) Laws and practices in nearly 70 countries around the world, including almost 40 countries from Europe
Titled "Freedom of Information Around the World 2006 Global Survey of Access to Government Information Laws", the survey draws attention to the growing movement around the world to adopt FOI laws. In just the past two years, over a dozen countries have adopted new laws and decrees, while dozens more are considering proposals. Important international treaties such as the UN Convention Against Corruption have also gone into force. These laws are being used to fight corruption, make government bodies accountable and promote social and human rights.
The survey also highlights that many problems still exist such as poorly drafted laws, lax implementation and an ongoing culture of secrecy in many countries. There are also dangers in backsliding such as in Ireland where the imposition of onerous fees has significantly reduced use of the law and in the United Kingdom where a similar proposal is being considered. New laws promoting secrecy in the global war on terror have also undercut access.
The report is being released just prior to the Annual International Right to Know Day on 28 September. Advocates in dozens of countries will be holding events celebrating the day.
An interactive version of the survey in conjunction with freedominfo.org and the Open Society Justice Institute will be released shortly.
Freedom of Information Around the World 2006 Global Survey of Access to
Government Information Laws (20.09.2006)
http://www.privacyinternational.org/foi/survey
Events on Annual International Right to Know Day - 28 September 2006
http://www.foiadvocates.net/map2006.php
(Contribution by David Banisar - Privacy International)
(Dieser Artikel ist auch in deutscher Sprache verfügbar)
Vista, the new operating system developed by Microsoft, has received vivid criticism from European officials and possible competitors regarding the new features that might take advantage of the Microsoft position in the market.
Two major software companies, Symantec and Adobe, have complained to EU regarding certain electronic document and security features of Vista.
Symantec has expressed its concern related to the Windows Security Center and to the feature called PatchGuard that blocks access to the system kernel. Adobe has complained about the inclusion in the new Microsoft product of a free software for reading and writing electronic documents.
In its turn, the European Commission has also expressed concerns on how compatible the new operating system would be with other companies' products. It also fears that Microsoft's product could eliminate the competition in computer security.
A letter was sent to Microsoft in March 2006, on this matter, by commissioner Neelie Kroes expressing the fear that the bundling of Vista with a very sophisticated antivirus program would have a similar impact as to the bundling of Media Player with Windows XP in 2004. Then, the Commission had fined Microsoft about 500 million euro considering the bundling as anti-competitive and ordered a new version of Windows without Media Player for the European market.
Microsoft and its partners has accused the Commission of driving a "vendetta" against the company and advised over the risk that the EU actions would delay the release of Vista.
In response to the criticisms, the EU Competition Commissioner said that the agency was not taking actions to prevent Microsoft from making its operating system more secure but was trying to ensure competitiveness is kept on the security software market. Kroes emphasized that she was not asking Microsoft to launch Vista without any security system but she wanted to see changes in the European version to open it up to other software producers.
In a letter to Financial Times she wrote: "I have seen it suggested that the Commission may seek to prevent Microsoft from improving the security of its operating system. This is categorically not the case."
While hoping that the Commission will not ask for the removal of security features in Europe, Microsoft has announced the launching of the product for January.
European Union Criticized for Action Against Microsoft
(7.09.2006)
http://www.pcworld.com/article/id,127073-pg,1-RSS,RSS/article.html
EU Commissioner defends herself against Microsoft's criticism (20.09.2006)
http://www.heise.de/english/newsticker/news/78435
Yet Another Antitrust Challenge for Microsoft? (21.09.2006)
http://www.pcworld.com/article/id,127219-page,1-c,vistalonghorn/articl...
Adobe, Symantec ask EU to ban Vista bundling (21.09.2006)
http://msn-cnet.com.com/Adobe,+Symantec+ask+EU+to+ban+Vista+bundling/2...
Microsoft accused over Vista row (19.09.2006)
http://news.bbc.co.uk/2/hi/business/5359130.stm
(Dieser Artikel ist auch in deutscher Sprache verfügbar)
The Italian wiretapping scandal has continued since this summer, showing that Telecom Italia internal security service has tapped phone calls from their own employees, business partners, competition, but also from political and football circles.
The wiretapped phone calls database was apparently used to blackmail various people. According to a prosecutor that is investigating the case the obtained funds were used for corruption activities. The wiretapping was possible due to a series of accomplices from the Police, Prosecutors and Secret services.
The Italian Government issued last week a new normative act on "wiretapping" that tries to prevent the usage of the wiretapped conversations in any court cases. The new decree even condemns the possession of illegal wiretapping information. The Prime Minister has declared that "The objective is to at least stop the rot spreading. We want to ensure that no wave of blackmail can begin. That would make the attack on democracy even more serious."
Also, the Italian Ministry of Justice, Clemente Mastella, ordered an investigation regarding the Telecom Italia procedures on wiretapping and to check out whether these procedures allow unauthorized access. The final report should be shared with the lawmakers.
The Italian Data Protection Commission (Garante per la protezione dei dati personali) issued a new press release on 21 September making a public call to every citizen, media and other public entities to respect privacy if they have documents or information regarding the content of the wiretapped conversations.
The chaotic way in which the public authorities have dealt with the situation is underlined in several articles that show the state institutions have reacted very late and only when their leaders' personal interests might have been at stake.
Andrea Monti from EDRI-member ALCEI has correctly underlined that the Italian Data Protection Commission, which should have controlled this market has only "succeeded" in sending a press release. He also points out that, contrary to the most spread common opinions that the "hackers", "pirates" and "direct marketing multinational companies" are those targeting our personal data, the authors of the biggest problems related to the misuse of information are actually insiders, not very technical, such as members of the Police and Information Services.
Garante: nobody to publish the contents of the illegal files (only in
Italian, 21.09.2006)
http://www.garanteprivacy.it/garante/doc.jsp?ID=1340198
Decree-Law no. 259/ 22 September 2006,
Emergency provisions for the modification of the norm regarding the
wiretapping (only in Italian, 22.09.2006)
http://www.interlex.it/testi/dl06_259.htm
Eight Years of Abuses and Garante issues a press release (only in Italian,
25.09.2006)
http://www.interlex.it/675/amonti86.htm
Illegal Wiretapping and files: quis custodiet custodes? (only in Italian,
25.09.2006)
http://www.interlex.it/675/telecom.htm
Justice minister seeks information about wiretapping at Telecom Italia amid
scandal (23.09.2006)
http://www.iht.com/articles/ap/2006/09/23/europe/EU_GEN_Italy_Wiretapp...
(Dieser Artikel ist auch in deutscher Sprache verfügbar)
British Academy - Copyright and research in the humanities and social
sciences
Through its series of research-related reviews, the British Academy seeks to
examine issues related to the condition and health of the sector. The
Academy is concerned that recent developments in technology, legislation and
practice have meant that the various copyright exemptions, which enable
creative and scholarly work to advance, are not always achieving the
intended purpose. This document summarises the results of a Review of the
issue by a working group established by the Academy.
http://www.britac.ac.uk/reports/copyright/index.html
(Dieser Artikel ist auch in deutscher Sprache verfügbar)
28 September 2006
Events on Annual International Right to Know Day
http://www.foiadvocates.net/map2006.php
5-6 October 2006, Erevan, Armenia
Pan-European Forum on "Human Rights in the Information Society: Empowering
children and young people" organized by Council of Europe in cooperation
with the Ministry of Foreign Affairs of Armenia and the Information
Technologies Foundation of Armenia.
http://www.coe.int/t/e/human_rights/media/Links/Events/Forum2006YEREVA...
16 October 2006, Brussels, Belgium
The European Commission will organise in Brussels on Monday 16 October a
final conference on Radio Frequency Identification (RFID) to close the
series of consultation initiatives.
http://www.rfidconsultation.eu/
19-20 October 2006 Kirchberg, Luxembourg
Hack.lu 2006
Hack.lu is an open convention /conference where people can discuss about
computer security, privacy, information technology and its
cultural/technical implication on society. The aim of the convention is to
make a bridge of the various actors in the computer security world.
http://www.hack.lu/index.php/Main_Page
19-20 October 2006, Tallinn, Estonia
The Digital Future of Cultural and Scientific Heritage
http://telmemor.net/conference/
20 October 2006, Bielefeld, Germany
Big Brother Awards Germany
http://www.bigbrotherawards.de/
20 October 2006 , Bielefeld, Germany
Demonstration "Freedom instead of Fear" (Freiheit statt Angst), against
Security and Surveillance Delusion
http://www.freiheitstattangst.de/
http://www.vorratsdatenspeicherung.de/
23-24 October 2006, Brussels, Belgium
Conference on International Transfers of Personal Data, organized by the
European Commission jointly with the Article 29 Data Protection Working
Party and the United States Department of Commerce's International Trade
Administration. Registration deadline : 29 September 2006.
http://ec.europa.eu/justice_home/news/events/news_events_en.htm
25 October 2006, Vienna, Austria
Big Brother Awards Austria
http://www.bigbrotherawards.at
29 October 2006, Athens, Greece
First annual conference - Global Internet Governance Academic Network
(GigaNet)
http://www.internetgovernance.org/pdf/GigaNet.Athens.CFP.8.Sept.2006__...
30 October - 2 November 2006, Athens, Greece
Internet Governance Forum
http://www.intgovforum.org/
30 October 2006, Prague, Czech Republic
Czech Big Brother Awards
http://www.bigbrotherawards.cz
31 October 2006 - deadline for nominations
Stupid Security Awards - Privacy International The awards aim to highlight
the absurdities of the security industry. The competition is open to anyone
from any country.
http://www.privacyinternational.org/stupidsecurity
2-3 November 2006, London, United Kingdom
28th International Data Protection and Privacy Commissioners'Conference,
http://www.privacyconference2006.co.uk/
15-16 November 2006, Skopje, Macedonia
International Conference "e-Society.Mk"
http://www.e-society.org.mk/
30 November - 1 December 2006, Berlin, Germany
The New Surveillance - A critical analysis of research and methods in
Surveillance Studies A two day international Conference hosted at the Centre
for Technology and Society of the Technical University Berlin
http://www.ztg.tu-berlin.de/surveillance