#PRISM #EUdataP

1. Prism and Data Protection - Reactions and Wikimedia actions

Why is this relevant?

As stated elsewhere, rights of privacy are necessary for intellectual freedom [1]. As a major global information provider we are part of the “bigger” picture.

What happened?

As announced, the Wikimedia Foundation has signed a letter urging the US government for more transparency as a reaction to recent surveillance debates. [2] Other signatories include Mozilla, Reporters Without Borders and companies like Google, Facebook and Microsoft. Wikimedia Deutschland has signed an open letter too, to “ensure respect for the fundamental right to privacy and informational self-determination”. [3] Other signatories are the Electronic Frontier Foundation, Creative Commons Deutschland, Transparency International and Greenpeace. Meanwhile, there is considerable debate in Brussels on whether Snowden could and should be nominated for the Sakharov (freedom of thought award by European Parliament) and Nobel prizes.

What comes next?

The Snowden case has significantly changed the landscape for the current and future data protection and internet privacy regulations. It would be wise to think about whether we (the Wikimedia movement) have or should have clear positions on these topics in the future, or, whether it would be wiser stay out of it for the most part.

#L4E

3.Licences for Europe - Inside the work groups

Why is this relevant?

This is a consultation process by the European Commission on licensing of digital content. It is seen as part of a larger initiative to completely overhaul copyright, although there have been voices questioning the seriousness of such an intention. Generally speaking, this dialogue must be seen in the context of the Commission currently bargaining the agenda for a future Copyright reform - which aspects will we be on the table in the next few years.  

What happened?

At the mid-term plenary session the work done so far in the work groups has been presented. The most relevant group for us - User Generated Content - has seen the European Consumer Organisation (BEUC) leave the process and being replaced by a group that claims to represent User Generated projects, but no one has heard of.

This is currently forcing all remaining civil society organisation in the work group to consider whether they should stay on board of a “pseudo” discussion. Content-wise, the talk dominated by industry organisations is going toward created more licensing for user-generated content, on top of what we already have.

What comes next?

As Wikimedia’s core issue is user-generated content and the Commission is looking for new civil society partners to join the consultation, it would be useful to decide until September whether we want to participate or stay out due to the fact that we can’t gain (almost) anything and the credibility of the process has taken numerous hits.

#NnT

5. Notice and Takedown - And now what?

Why is this relevant?

Notice and Takedown procedures define legally who is responsible for (allegedly) unlawful content online and how to handle such cases in practice.  It is very likely that the questions of liability will be defined or refined if it comes to a Directive.

What happened?

It is presently unclear whether this Commission will go ahead and propose a Takedown and Notice Directive. Regardless of that development, a Recommendation (non-binding) is in the making and expected by the end of the year. Meanwhile, a group of 6 MEPs has released a letter [14] urging Commissioner Barnier to go ahead a publish a draft Directive and not hide the obviously heated discussions by shifting focus to a Recommendation.  

What comes next?

There is not enough information for the moment to know what will be proposed and when. However, if a Recommendation is made, there is no way to change it in Parliament and it is up to each Member State whether they want to implement it or not.

Further links:

We have a Notice and Takedown file on Meta, which needs your help [15]

A good overview of the topic so far by IPtegrity.com [16]