http://www.unitetheunion.com/resources/political_department/unite_in_europe/ eu_news/telecom_package_funny_deal.aspx
TELECOM PACKAGE: "Funny" deal over Amendment 138 22 October 2009 This is a follow-up to the <http://www.unitetheunion.com/resources/political_department/unite_in_europe /eu_news/telecom_package_conciliation.aspx> Telecom "saga" that has already been developed in previous articles . Today, we have reached the negociation phase. Actually, representatives of the EU Parliament and the member states announced that at the beginning of November, they will hold formal talks along with the European Commission to resolve differences between the sides over the telecoms package. EP main positions: French S&D MEP Catherine Trautmann, rapporteur in this dossier declared "Parliament's delegation has agreed a compromise proposal that will serve as a basis for negotiations and towards which the Council and the commission will be able to converge". Spanish conservative MEP Alejo Vidal-Quadras, heading the European Parliament's delegation to the conciliation committee, declared "We will do all we can to achieve a good solution, but Council has to understand that parliament will defend without hesitation the freedom of the citizens it represents," What is the content of the compromise text? As it stands, it does no longer require that only judicial authorities be allowed to cut off internet access. Ouch! Ahead of European elections in which the issue of internet freedoms suddenly pushed its way to the centre of public debate, the chamber seemed ready to mount the barricades in its battle to stop EU member states from attempting to introduce legislation which a majority of deputies considered a breach of human rights. MEPs with strong majorities twice inserted an amendment to the telecoms package that would have forbidden member states from restricting internet access without judicial authorisation and only in exceptional circumstances. Then, more recently, on 6 October, telecoms ministers formally rejected the parliament's key amendment - the now infamous Amendment 138. <http://www.laquadrature.net/wiki/Telecoms_Package_Plenary_Amendments#Amendm ent_138_.2B.2B.2B> http://www.laquadrature.net/wiki/Telecoms_Package_Plenary_Amendments#Amendme nt_138_.2B.2B.2B What does new Amendment 38 mean for internet users? The new text tabled by French S&D MEP Catherine Trautmann, deletes the reference to a prior ruling. <http://www.laquadrature.net/wiki/EP_Flawed_Proposal_20091020> http://www.laquadrature.net/wiki/EP_Flawed_Proposal_20091020 Now it says that "any measures may only be adopted as a result of a prior, fair and impartial procedure". The word 'judicial' has been removed from the key sentence of the amendment. The proposal, however, will require "an effective and timely judicial review" once measures have been taken. In practical terms, should this text become law, member states would be allowed to introduce provisions enabling administrative authorities to cut the Internet connections of suspected offenders without a prior judicial ruling. The connections would later be restored with the authorisation of the 'judicial review'. It is unclear how long the review process would take. According to the legal services of the Parliament, a clear reference to the need of prior judicial ruling would have had an impact on member states' exclusive competences, notably in relation to their judicial systems. It is indeed a matter in which the European Parliament cannot legislate. Now, one may wonder why MEPs did not realise this before starting a long inter-institutional legal battle... At present, apart from this very contentious point, both sides seem to share the same views. However, France-based internet freedom pressure group La Quadrature du Net calls the compromise text "useless legalese" that essentially only restates existing rights protections and does nothing to explicitly rule out internet blocking. According to their spokesman, Jeremie Zimmerman, Amendment 138 will now be "replaced by a weak provision that does not carry any new important safeguard for citizen's freedoms". The new amendment was perceived as a way to "avoid confrontation with the Council and finish up the telecoms package". This move was probably inspired by France's recent anti-piracy legislation which was given the green light by the country's constitutional court. Now in France, internet access can be cut off, fines imposed and in some cases prison sentences handed down. A similar legislation is expected to be put in place in Great Britain in the coming weeks. So, for La Quadrature du Cercle, it is hard to fight against pressure coming from various member states. Now, will the protection of Internet users prevail? Next steps: * 4 November: Conciliation procedure where the parliament, Council and commission delegates will meet. Then, * 6 to 8 weeks later (end Dec), an agreement should be reached. * 6 to 8 weeks later (Feb/March 2010) a final adoption is expected. C 2008 onwards Unite http://www.romanialibera.ro/a168744/deconectarea-de-la-net-se-va-putea-face- fara-ordin-judecatoresc.html [...] Conform unui studiu efectuat de firma Forrester, 14% din utilizatorii europeni de internet ar putea fi deconectati daca legea s-ar pune in aplicare. In mod evident, principala tinta a acestor legi o reprezinta retelele peer-to-peer (torrentele), pentru ca la nivel de retea furnizorii de servicii de acces la internet au posibilitatea, daca li se cere, sa identifice computerele de pe care se fac transferuri ilegale de date. Insa transferurile, la fel de ilegale, din afara retelei, prin e-mail, bluetooth sau chat, nu vor putea fi blocate in acest fel. "Tehnologia evolueaza mai rapid decat legislatia", a aratat Mark Mulligan de la Forrester, citat de BBC. "Daca acum avem peste 20 de alternative la retelele peer-to-peer, cu siguranta acestea se vor dubla in scurt timp." "Cetatenii nu trebuie sa fie privati de accesul la internet fara un proces echitabil", a declarat Willemien Bax, director general adjunct al Organizatiei europene pentru protectia consumatorilor (BEUC). "Consumatorii nu trebuie sa fie tratati ca pirati sau criminali. Suntem in secolul 21 si astfel de masuri draconice nu isi au locul intr-o societate deschisa. Oamenii au drepturi care nu pot si nu trebuie sa fie trecute cu vederea de dragul industriei muzicale sau a filmului." La randul sau, Costel Stanciu, presedintele Asociatiei pentru Protectia Consumatorilor din Romania, a aratat ca "anularea Amendamentului nr. 138 este un pericol pentru fiecare utilizator de internet". "Internetul este un element-cheie pentru strategia de iesire din criza actuala. Nesolutionarea acestei probleme de catre deputatii europeni le poate cauza probleme pe termen lung atat cetatenilor europeni, cat si economiei", a mai adaugat reprezentantul APC. (C) Romania libera ---------------------------- Vali "Noble blood is an accident of fortune; noble actions are the chief mark of greatness." "When the power of love overcomes the love of power, the world will know peace." Aboneaza-te la <mailto:[email protected]> ngo_list: o alternativa moderata (un pic) la [ngolist] Please consider the environment - do you really need to print this email?
