[Advocacy Advisors] EU Policy Monitoring Report - July

Wed Aug 7 02:35:11 UTC 2013

Do we have a room for tomorrow's event in HK?

Luis
On Aug 2, 2013 12:44 AM, "Dimitar Dimitrov" <dimitar.dimitrov at wikimedia.de>
wrote:

> 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
>
> From a Wikimedian’s perspective, the most significant events were the
> 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=/ContentManagement/ContentDisplay.cfm&ContentID=132904
>
> [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/2013/510562/JURI_PR(2013)510562_EN.doc(esp. amendment 36)
>
> [5]
> http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fNONSGML%2bCOMPARL%2bPE-513.141%2b01%2bDOC%2bPDF%2bV0%2f%2fEN(esp. amendments 252 and 263)
>
> [6]
> http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2012/0180%28COD%29
>
> [7]
> http://kluwercopyrightblog.com/2012/07/24/proposal-for-a-directive-on-collective-rights-management-and-some-multi-territorial-licensing-part-ii/
>
> [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_barnier_notice_and_takedown.pdf
>
> [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-action
>
> [17]https://wikimania2013.wikimedia.org/wiki/Schedule
>
>
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