[Advocacy Advisors] EU Policy Monitoring Report - July

Hello, Wikimedians! As expected, lots of busy bees have been flying around Brussels in July trying to finish off things before the summer break. This made it a rather long read, but I am sure there are worse things to have on your tablet on the beach :). Anyway, enjoy the summer (or winter if you’re way south) and see you in Hong Kong or back here in a month! Dimi EU Policy on Meta: http://meta.wikimedia.org/wiki/EU_policy tl;dr signing of two open letters as a reaction to PRISM (by WMF and WMDE) and the Committee vote on the Collective Rights Management Directive. This is the Directive that will decide whether it will be legal for musicians to donate single pieces of music to our projects. ToC 1. Prism and Data Protection - Reactions and Wikimedia actions 2. Collective Rights Management Directive - Committee vote passes 3. Licences for Europe - Inside the work groups 4. Net Neutrality - Leaked draft 5. Notice and Takedown - And now what? 6. Meet us in Hong Kong! ----------------- ----------------- #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. ----------------- ----------------- #CRM 2. Collective Rights Management Directive - European Parliament Committee Vote Passes Why is this relevant? A new Directive aiming to harmonise the rules on collective rights management in the EU is in the making (Full name: Collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market). Currently, many artists find it legally impossible to release single pieces of music under free licenses, as collecting societies have “all or nothing”-clauses. Additionally, in many Member States collecting societies are state-approved monopolies, leaving no room for free choice. The current proposal might make it possible for musicians to release even individual pieces of music under a free licence. What happened? The original Commission proposal did not include the possibility for authors to release individual works under free licenses. In the European Parliament, Rapporteur for the lead Committee (Legal Affairs) Marielle Gallo (EPP, FR) proposed [4] to include such an option in her draft. This change was lost in a compromise agreement within the committee before the the vote. However, an amendment by Christian Engström (Greens, SE) was somewhat surprisingly accepted that will most likely allow free licensing for individual works. [5] What comes next? The Legal Affairs Committee’s version is expected to be voted in the parliament in a single reading plenary session in October. Then it will move on to the Council, where it might again be changed. In the meantime, it would be helpful to canvass the Member States’ (Permanent Representatives) positions so we get a clearer picture on whether the Engström amendment is at risk. The first possible review date for the Permanent Representatives is the 2nd December. Further links: Procedure file on the CRM Directive [6] General review of the Directive [7] ----------------- ----------------- #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. Further links: We have a file on Licences for Europe on Meta [8] The European Commission Page [9] The European Consumer Organisation’s letter to Commissioner Barnier [10] ----------------- ----------------- #netneutrality 4. Network Neutrality - Leaked draft Why is this relevant? Our mission is to disseminate Free Knowledge globally and we do so through our projects (internet websites). How people’s access to them is regulated is fundamental to us. What happened? After years upon years of flip-flopping on the issue, Digital Commissioner Neelie Kroes finally seemed resolute on a coherent protection of the neutrality of the internet. [11] However, a leaked working draft of interservice consultation process [12] goes in a completely different direction. According to the document it would be possible for website operators to pay internet service providers to guarantee that their sites load faster (or others are throttled). What comes next? An official legislative proposal is due to be published by the Commission by the end of the year. Further links: We have a Network Neutrality file on Meta that can use your help! [13] ----------------- ----------------- #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] ----------------- ----------------- #Wikimania 7. Meet us in Hong Kong! Me (Dimi, a.k.a. Dimitar Dimitrov) and Niko (Nikolas Becker, WMDE Board) will be in Hong Kong to present the EU Policy initiative and the newly founded Free Knowledge Advocacy Group EU. Meet us during the Pre-Conference on Thursday (8th) from 12-15 for an introduction and see our presentation titled “Hacking Brussels” on Sunday (11th) in room TU201 [17]. Also, chat us up wherever you see us! ----------------- ----------------- Linkography: [1] http://www.ala.org/Template.cfm?Section=interpretations&Template=/Conte… [2] https://www.cdt.org/files/pdfs/weneedtoknow-transparency-letter.pdf [3]http://www.stopsurveillance.org/ [4] http://www.europarl.europa.eu/RegData/commissions/juri/projet_rapport/2013/…. amendment 36) [5] http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fNONSGML…. amendments 252 and 263) [6] http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2012/… [7] http://kluwercopyrightblog.com/2012/07/24/proposal-for-a-directive-on-colle… [8]http://meta.wikimedia.org/wiki/EU_policy/Monitor/L4e [9]http://ec.europa.eu/licences-for-europe-dialogue/en/content/about-site [10]http://blog.quintarelli.it/files/2013-00138-01-e.pdf [11]https://twitter.com/NeelieKroesEU/statuses/340020753510563840 [12]https://netzpolitik.org/wp-upload/CONSOLIDATED-DRAFT-for-ISC-070713.pdf [13]http://meta.wikimedia.org/wiki/EU_policy/Monitor/NN [14] http://ameliaandersdotter.eu/sites/default/files/letter_commissioner_barnie… [15]http://meta.wikimedia.org/wiki/EU_policy/Monitor/NnT [16] http://www.iptegrity.com/index.php/ipred/867-will-the-eu-act-on-notice-and-… [17]https://wikimania2013.wikimedia.org/wiki/Schedule