[Advocacy Advisors] EDRi-news Digest, Vol 119, Issue 1

[Itzik Edri]

EDRi? The stole my family name!

- Sent from my mobile device.
On Feb 15, 2013 8:58 PM, "Stephen LaPorte" <slaporte at wikimedia.org> wrote:

> Many of these topics are probably of interest, especially the discussion
> on ancillary copyright law in Germany.
>
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> Date: Fri, Feb 15, 2013 at 4:42 AM
> Subject: EDRi-news Digest, Vol 119, Issue 1
> To: edri-news at mailman.edri.org
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>    1. EDRi-gram newsletter - Number 11.3, 13 February 2013 (EDRi-gram)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Wed, 13 Feb 2013 23:07:53 +0200
> From: EDRi-gram <edrigram at edri.org>
> Subject: EDRi-gram newsletter - Number 11.3, 13 February 2013
> To: edri-news at edri.org
> Message-ID: <511C00A9.2060702 at edri.org>
> Content-Type: text/plain; charset=windows-1252; format=flowed
>
>
> ======================================================================
>
> EDRi-gram
>
> biweekly newsletter about digital civil rights in Europe
>
> Number 11.3, 13 February 2013
>
> =======================================================================
> Contents
> =======================================================================
>
> 1. Copyright: challenges of the digital era
> 2. Most Internet users would use DNT settings if easily available
> 3. US privacy groups believe US officials lobby to weaken EU privacy
> 4. Dutch government maintains private copying-exception for downloading
> 5. Denmark: Government postpones the data retention law evaluation
> 6. Ancillary copyright law under discussion in Germany
> 7. Human rights orgs ask OECD to investigate surveillance companies
> 8. Big Brother Awards 2013 Bulgaria
> 9. ENDitorial: Licences for Europe and fight club... only one rule
> 10. Recommended Action: support your privacy rights
> 11. Recommended Reading
> 12. Agenda
> 13. About
>
> =======================================================================
> 1. Copyright: challenges of the digital era
> =======================================================================
>
> EDRi has freshly launched a booklet that overviews the challenges that
> copyright is facing in the digital environment.
>
> For the past twelve years, the European Union has discussed how to
> support, develop and protect creation in the digital environment. Two
> months ago, the College of Commissioners recognised the necessity that
> copyright ?stays fit for purpose? in the digital economy.
>
> Until now, the focus point has been on the enforcement of pre-existing
> legislative norms not only within the rule of law but also through
> private policing via internet service providers. However, despite all
> these efforts, there is still an ubiquitous lack of respect for copyright.
>
> The booklet looks at the reasons for this profound gap that has emerged
> between citizens and the law. Following a brief introduction to the
> logic behind granting monopoly rights, the booklet lists some reasons
> that lead to difficulties in respecting copyright law, ranging from
> excessive penalties for breaching the law to legally-protected
> restrictions on citizens' rights to use digital products they paid for.
> It then focuses on the impact of rigid and outdated copyright law on
> legitimate businesses. Finally, it gives a glance at the wide range of
> excessive enforcement measures that underline the deterioration of
> copyright leading to unreasonable and wrongful practices.
>
> In short, this booklet presents a simplified overview of the
> difficulties facing public support for copyright. EDRi hopes that it
> will have a positive impact on the current debate regarding the
> necessity of reforming copyright law and adapting the current system to
> the digital age, allowing the achievement of the digital single market,
> removing existing barriers and giving citizens a better access to their
> culture.
>
> Copyright: challenges of the digital era (02.2013)
> http://www.edri.org/files/paper07_copyright.pdf
>
> Commission agrees way forward for modernising copyright in the digital
> economy (5.12.2012)
> http://europa.eu/rapid/press-release_MEMO-12-950_en.htm
>
> Report from the Commission on the application of Directive 2004/48/EC
> (22.12.2010)
>
> http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0779:FIN:EN:PDF
>
> (Contribution by Marie Humeau - EDRi)
>
> =======================================================================
> 2. Most Internet users would use DNT settings if easily available
> =======================================================================
>
> According to a survey by IT service analysts Ovum, 68% of the Internet
> users would use ?do-not-track? (DNT) settings to restrict the use of
> their personal data, if such a tool was "easily available?.
>
> Websites and third-parties, such as advertisers, may record Internet
> users? behaviour in order to serve targeted, personalised ads. Such
> user-specific data can be collected by several means, including the use
> of cookies. The information thus stored can be passed on by operators to
> advertisers for behavioural adverts, based on the users' activity and
> declared interests.
>
> Yet, lately, consumers have become more aware of the fact that their
> personal information can be used as merchandise. Ovum?s survey has shown
> that only 14% of consumers believe Internet firms are honest about the
> way they use their consumers' personal data. "Unfortunately, in the gold
> rush that is big data, taking the supply of ?little data? ? personal
> data ? for granted seems to be an accident waiting to happen," said Mark
> Little, principal analyst at Ovum who added: "However, consumers are
> being empowered with new tools and services to monitor, control, and
> secure their personal data as never before, and it seems they
> increasingly have the motivation to use them."
>
> In Little?s opinion, the Internet companies would have to change their
> attitudes towards their customers. The operators should make privacy
> tools available to consumers and use ?a new set of messages to change
> consumers? attitudes. These messages must be based on positive direct
> relationships, engagement with consumers, and the provision of genuine
> and trustworthy privacy controls.? Although EU Commissioner Neelie Kroes
> had previously asked for a new DNT standard to enable Internet users to
> indicate their consent for the use of their personal data in a manner
> that would comply with the EU's Privacy and Electronic Communications
> Directive, last year she indicated that she would accept a DNT
> standard that would only partially meet the requirements under the
> Directive. Under the EU's amended Privacy and Electronic Communications
> Directive, storing and accessing information on users' computers is only
> lawful "on condition that the subscriber or user concerned has given his
> or her consent, having been provided with clear and comprehensive
> information ? about the purposes of the processing".
>
> The World Wide Web Consortium (W3C) has been working on developing a new
> DNT controls system which, in its opinion, should not be switched on by
> default but require an explicit instruction to operate. Firefox has
> already implemented it since 2011.
>
> Microsoft, on the other hand, has developed its own DNT tool for its new
> Internet Explorer 10 web browser. The DNT setting is automatically
> activated and the users have to change the settings in case they wish to
> let websites and advertising networks track their online activity. This
> has obviously crossed advertising companies and the system does not
> actually guarantee that all companies would respect it. Yahoo! for
> instance, has stated that it would not "recognise IE10?s default DNT
> signal".
>
> Google introduced the DNT standard in November 2012, with the launching
> of its Chrome 23, but warned that the results could be variable. "The
> effectiveness of such requests is dependent on how websites and services
> respond, so Google is working with others on a common way to respond to
> these requests in the future," wrote Google engineer Ami Fischman on the
> company?s blog.
>
> Most consumers would activate do-not-track privacy settings if they were
> 'easily available', according to Ovum survey (6.02.2013)
>
> http://www.out-law.com/en/articles/2013/february/most-consumers-would-activate-do-not-track-privacy-settings-if-they-were-easily-available-according-to-ovum-survey/
>
> The data black hole that could suck the life out of the internet economy
> (8.02.2013)
>
> http://www.zdnet.com/the-data-black-hole-that-could-suck-the-life-out-of-the-internet-economy-7000011002/
>
> Google's Chrome finally embraces Do Not Track, but with a warning
> (7.11.2012)
>
> http://www.zdnet.com/googles-chrome-finally-embraces-do-not-track-but-with-a-warning-7000007022/
>
> =======================================================================
> 3. US privacy groups believe US officials lobby to weaken EU privacy
> =======================================================================
>
> A coalition of 18 US privacy groups sent a letter on 30 January 2013 to
> US politicians such as the Attorney General Eric Holder, Secretary
> of State John Kerry and the Acting Secretary of Commerce Rebecca Blank,
> asking for assurances that US policy makers in Europe "advance the aim
> of privacy" and do not hinder the European data law proposals.
>
> The European Union is considering the data protection regulation that
> could give the citizens significant control over the use of their
> personal data by websites and marketing companies. Several proposals
> would require companies to obtain permission before collecting personal
> data and specify exactly what information will be collected and how it
> will be used.
>
> One proposal refers to the so-called ?right to be forgotten? that
> obliges companies like Facebook to delete all information about users
> who want to do that. The coalition shows concern over the fact that, as
> the new EU Data Protection Regulation is under discussion and debate,
> Members of the European Parliament (MEPs) have lately reported that US
> policy makers are "mounting an unprecedented lobbying campaign to limit
> the protections that European law would provide."
>
> The privacy groups believe that U.S. policymakers, politicians and
> bureaucrats are undermining the work of the European Parliament. "The
> U.S. should not stand in the way of Europe's efforts to strengthen and
> modernize its legal framework," the letter states. Jeff Chester,
> Executive Director of the Center for Digital Democracy told ZDNet that
> despite President Obama?s pro-privacy speeches, his administration is
> "working to protect the U.S. data lobby."
>
> He added: "One of the U.S.' few growth areas is stealing other peoples
> data. So, the U.S. is arguing that the EU should not enact strong
> baselines rules requiring citizens to provide affirmative consent for
> such critical uses as profiling, and adopt its weak industry friendly
> approach based primarily on industry self-regulation."
>
> EU Justice Commissioner Viviane Reding said in 2012 that the lobbying
> effort had been "absolutely fierce" and unprecedented in scale.
>
> On 3 February 2013, the head of a big pan-European industry group
> revealed "intensifying pressure from U.S. lobbyists on behalf of
> Google and Facebook," as reported the Financial Times. Jacob
> Kohnstamm, the chairman of the EU's Article 29 Working Party also said
> European lawmakers were "fed up" of U.S. lobbying.
>
> The letter of the coalition notes that updating the U.S. Electronic
> Communications Privacy Act (ECPA), under which authorities need only a
> subpoena approved by a federal prosecutor, rather than a judge, to
> obtain electronically stored messages six months old or older, would be
> a good start for the U.S. officials to bring the country in compliance
> with international human rights standards.
>
> The US lobby has shown its practical results after several newspapers
> and websites have pointed out that MEPs in the EP's Internal Market and
> Consumer Committee (IMCO) have included copy-paste amendments written by
> Amazon, eBay or the American Chamber of Commerce (AmCham EU).
>
> Privacy groups call on U.S. government to stop lobbying against EU data
> law changes (4.02.2013)
>
> http://www.zdnet.com/privacy-groups-call-on-u-s-government-to-stop-lobbying-against-eu-data-law-changes-7000010721/
>
> The E.U. could approve a new privacy policy later this year. Europe
> Moves Ahead on Privacy (3.02.2013)
>
> http://www.nytimes.com/2013/02/04/opinion/europe-moves-ahead-on-privacy-laws.html
>
> Lobby groups take CTRL+V of data protection proposal (11.02.2013)
> http://edri.org/lobbyplag-eudatap
>
> LobbyPlag
> http://www.lobbyplag.eu/
>
> =======================================================================
> 4. Dutch government maintains private copying-exception for downloading
> =======================================================================
>
> The Dutch government announced that it wouldn't prohibit the
> unauthorised downloading of copyrighted material.
>
> It did so on 4 February 2013 in a letter to the Parliament, putting an
> end to a heated debate that lasted for years. As a result, the
> Netherlands remains one of the few countries in Europe where downloading
> without permission of the rightsholders is allowed under the private
> copying-exception. Dutch digital rights organisation Bits of Freedom
> urged that this should be the first step in a long overdue modernisation
> of the copyright system.
>
> The Dutch government responded to a resolution by the Dutch Parliament
> earlier this year. In this resolution, the Parliament called on the
> government to maintain the application of the private copying-exception
> to downloading. It did so after the government did not respond to a
> similar resolution one year earlier, instead continuing its plans to
> abolish the private copying-exception for downloading. Now, however, it
> admitted defeat in the face of enduring opposition.
>
> Bits of Freedom hopes that this decision paves the way for the
> modernisation of the copyright system. Past political endeavours focused
> on the criminalisation of sharing by individual internet users. This is
> counterproductive and does not address the real challenge: ensuring that
> knowledge and culture is shared as widely as possible while remunerating
> rightsholders. The Dutch government should start together with the
> Parliament exploring remuneration models which support this goal.
>
> Letter of government to parliament (only in Dutch, 04.02.2013)
> https://www.bof.nl/live/wp-content/uploads/briefTeeven040213.pdf
>
> Resolution of Dutch parliament (only in Dutch, 11.12.2012)
>
> https://www.bof.nl/2012/12/11/parlement-spreekt-zich-uit-tegen-downloadverbod/
>
> Blog Bits of Freedom: Download Prohibition finally buried (only in
> Dutch, 05.02.2013)
> https://www.bof.nl/2013/02/05/downloadverbod-eindelijk-begraven/
>
> (Contribution by Ot van Daalen - EDRi member Bits of Freedom Netherlands)
>
> =======================================================================
> 5. Denmark: Government postpones the data retention law evaluation
> =======================================================================
>
> In the coming months, the Danish Parliament will conduct an evaluation
> and revision of the Danish data retention law which implements directive
> 2006/24/EC. The review process has been postponed twice on earlier
> occasions (2010 and 2012), and the Danish government wants another
> two-year extension, officially in order to coordinate with any changes
> in the directive at the EU level.
>
> The Danish law exceeds the requirements of the data retention directive
> in several respects, especially as far as Internet logging is concerned.
> The Danish law contains a requirement for session logging which includes
> data about every Internet packet being transmitted.
>
> Specifically, the following information must be retained: source and
> destination IP address, source and destination port number, transmission
> protocol (like TCP and UDP) and timestamps. The contents of the
> Internet packets are not being logged, but the IP addresses will contain
> information about visits to websites of political parties (that is, in
> effect, registration of political preferences) and the online news
> services that the citizen reads. Last year in the Danish Parliament,
> there was considerable debate about the Danish over-implementation of
> the data retention directive, in particular Internet session logging.
>
> The Parliament instructed the Danish government to produce an evaluation
> report with special focus on session logging. The Danish Ministry of
> Justice published this report in December 2012.
>
> The evaluation report contains detailed descriptions of nine police
> cases where telephone logging was useful, or maybe even critical, to the
> Danish police. These cases are taken from an earlier report submitted to
> the EU Commission. All nine cases are about serious and violent crimes
> such as murder, armed robbery and organized narcotics smuggling.
>
> For Internet logging there are only three police cases. Moreover, one of
> the three cases is really about telephone logging since location data
> from a mobile device is used by the police. The location registration
> just happens to be triggered by "data calls" from a smartphone. This
> leaves two police cases to demonstrate the value of internet logging,
> and only one case uses session logging. Both cases involve economic
> crimes (fraud) on a relatively minor scale. There is a huge discrepancy
> between the nature of the police cases involving telephone and Internet
> logging.
>
> The report confirms the EDRi member IT-Pol suspicion that Internet
> logging, and especially Internet session logging, is rarely used by the
> Danish police. Quite interestingly, the Ministry of Justice formally
> states in their own evaluation report that session logging was
> implemented in a way that made it useless for the police (the
> implementation is according to the requirements of the law). Before
> September 2007, the Danish Internet service providers repeatedly warned
> the Ministry of Justice that session logging would be useless for the
> police.
>
> The Danish Ministry of Justice report (only in Danish, 12.2012)
> http://www.ft.dk/samling/20121/lovforslag/l142/bilag/2/1213533.pdf
>
> Danish government wants to postpone the evaluation of the data retention
> law for the third time (12.02.2013)
> http://www.itpol.dk/notater/Danish-data-retention-evaluation-Feb13
>
> EDRi-gram: Key privacy concerns in Denmark 2007 (30.01.2008)
> http://www.edri.org/edrigram/number6.2/privacy-denmark-2007
>
> (Contribution by Jesper Lund, EDRi member IT-Pol Denmark)
>
> =======================================================================
> 6. Ancillary copyright law under discussion in Germany
> =======================================================================
>
> The Judiciary Committee of the German Bundestag held on 30 January 2013
> an expert hearing on the proposed ?Leistungsschutzrecht? (LRS, known
> also as ?ancillary copyright?) law for news publishers which will
> require search engines and others to ask permission from news publishers
> to link to their content or even give summarize news content.
>
> The draft law was criticized by civil society groups as well as the
> German association of Internet economy which pointed out the lack of
> clarity of the terms used in the text and the negative effects that the
> law may bring by restricting the diversity of information on the
> internet. Moreover, the legislation is superfluous as publishers are
> already protected by copyright provisions. If this bill is enacted
> as-is, search engines would be allowed to display snippets only after
> having received permission which may involve or not some payment to the
> news publishers.
>
> In some cases, a press publisher might pay a search engine to be
> included in its searches. The important issue is that a search engine,
> and maybe even social networks, will be obliged to ask permission to
> provide snippets from a news publisher. The law has several unclear
> areas. For instance, it is not clear whether blogs will be considered as
> press products due to the vague definition of the term. The expert
> hearing was not focused on technological expertise but rather
> on how such a law might fit into the current legal framework.
>
> A representative from the publishers? associations asked for a
> technical language to express conditions such as temporal, topical or
> size restrictions, payment requirements and other conditions but did not
> succeed in presenting a proper way of how this could be implemented. All
> experts in the hearing agreed the law would create a period (estimated
> at about 5 years) of legal uncertainty, requiring a series of lawsuits
> before realizing who will actually be within the sights of the LRS. This
> uncertainty also applies when we talk about Facebook or Twitter. It is
> not yet clear whether the law will cover only search engines such as
> Google or it will extend to social networks. MP Siegfried Kauder of the
> Christian Democrats party stated that in his opinion, after hearing the
> experts, there seemed to be no reason for the promotion of the law as,
> it appeared to be unlikely the law would help in actually producing new
> income for news publishers.
>
> In the meantime, in France, Google seems to give in under similar
> pressure. Eric Schmidt, Executive Chairman of Google made a statement on
> the company blog on 1 February 2013, in an attempt to point out that the
> search engine had generated ?billions of clicks each month? for news
> publishers, ?and our advertising solutions (in which we have
> invested billions of dollars) help them make money from that traffic.?
>
> But Schmidt also stated that on the same date, he, together
> with President Hollande of France, announced two new initiatives ?to
> help stimulate innovation and increase revenues for French publishers.?
>
> One was the creation of a 60 million euro Digital Publishing Innovation
> Fund financed by Google ?to help support transformative digital
> publishing initiatives for French readers.? The second initiative is to
> increase the partnership with French publishers ?to help increase their
> online revenues using our advertising technology.?
>
> German Parliament Hears Experts On Proposed Law To Limit Search Engines
> (31.01.2013)
> http://searchengineland.com/german-leistungsschutzrecht-146826
>
> Google creates ?60m Digital Publishing Innovation Fund to support
> transformative French digital publishing initiatives (1.02.2013)
>
> http://googleblog.blogspot.co.uk/2013/02/google-creates-60m-digital-publishing.html
>
> EDRi-gram: Ancillary copyright madness in Germany and France (26.09.2012)
>
> http://www.edri.org/edrigram/number10.18/ancillary-copyright-proposal-madness
>
> =======================================================================
> 7. Human rights orgs ask OECD to investigate surveillance companies
> =======================================================================
>
> In the beginning of February 2013 several human rights organisations,
> including Privacy International, the European Center for
> Constitutional and Human Rights, the Bahrain Center for Human Rights,
> Bahrain Watch and Reporters without Borders, filed formal complaints
> against surveillance software firms Gamma International and Trovicor.
>
> The OECD (Organisation for Economic Cooperation and Development)
> National Contact Point (NCP) in the UK was asked to investigate Gamma
> International regarding the company?s potential complicity in serious
> human rights abuses in Bahrain and in Germany, the complaint was
> directed against Munich-based Trovicor.
>
> In the opinion of the complainants, there are grounds to believe that
> the surveillance products and services provided by the two companies
> have led to human rights abuses in Bahrain, including arbitrary
> detention and torture, violations of the right to privacy, freedom of
> expression and freedom of association. It appears that the information
> gathered from intercepted phone and internet communications have been
> used to detain and torture bloggers, political dissidents and activists
> and to extract confessions from them. If the investigation concludes
> that the complaints have a real basis, the companies are likely to be
> found in breach of the OECD Guidelines for Multinational Enterprises
> which sets out principles and standards for responsible business conduct.
>
> ?The failure of governments to properly control exports of surveillance
> technology has left companies like Gamma and Trovicor regulated
> exclusively by their own moral compasses. Unfortunately, these compasses
> seem to have malfunctioned and directed companies towards some of the
> most dangerous and repressive regimes in the world. We very much hope
> the OECD process will persuade Gamma and Trovicor to take a long hard
> look at their current and future clients, and to think carefully about
> the role their products play in the targeting and torture of activists
> and the suppression of pro-democracy voices,? stated Eric King, Head of
> Research at Privacy International.
>
> Miriam Saage-Maa?, Vice Legal Director at ECCHR, said: ?By maintaining
> permanent business relations with the state of Bahrain and maintaining
> their surveillance software, both companies have accepted the risk that
> they may be accused of abetting torture and other grave human rights
> violations. If true, such actions would amount to a violation of the
> OECD Guidelines.?
>
> These are not the only companies involved in providing surveillance
> equipment to countries where freedom of expression is oppressed. Many
> suppliers, besides the two companies in question, such as Nokia Siemens
> Networks, Hacking Team and Bull / Amesys have supplied equipment to
> Libya, Egypt, Syria, Bahrain, Morocco and many more countries that have
> violated human rights during the last years.
>
> Human rights organisations filed formal complaints with the OECD against
> surveillance companies (4.02.2013)
>
> http://en.rsf.org/bahrein-human-rights-organisations-file-04-02-2013,44016.html
>
> Briefing note on OECD Complaints against Gamma International and
> Trovicor in the UK and Germany (02.2013)
> http://www.statewatch.org/news/2013/feb/oecd-complaint.pdf
>
> Human rights organisations file formal complaints against surveillance
> firms Gamma International and Trovicor with British and German
> governments (3.02.2013)
>
> https://www.privacyinternational.org/press-releases/human-rights-organisations-file-formal-complaints-against-surveillance-firms-gamma
>
> EDRi-gram: Export Controls for Digital Weapons (19.12.2013)
> http://edri.org/edrigram/number10.24/export-controls-digital-weapons
>
> EDRi-gram: German government intends to use FinFisher Spyware (30.01.2013)
> http://edri.org/edrigram/number11.2/germany-finfisher-spyware
>
> =======================================================================
> 8. Big Brother Awards 2013 Bulgaria
> =======================================================================
>
> EDRi member ISOC Bulgaria and the Access to Information Program
> organized the Big Brother Awards for 2012. This year the "winners" are
> the Council of Ministers of the Republic of Bulgaria - for lack of
> action in changing the way special investigative resources (wiretapping)
> is being used with regards to data traffic, which should ensure high
> protection of privacy.
>
> For private companies, the "winner" is Toplofikatsia (Central Heating)
> for collecting and processing private data of its customers.
>
> The BBA awards have been given in Bulgaria since 2003, and usually the
> worst governmental institution to deal with privacy is either the
> Council of Ministers, or the Ministry of Interior. Among private company
> winners have been also mobile operators, advertising companies and power
> distributing companies.
>
> Details about the Bulgarian Big Brother Awards 2013 (only in Bulgarian,
> 28.01.2013)
> http://bg.bigbrotherawards.org
>
> (Contribution by Veni Markovski - EDRi member ISOC Bulgaria)
>
> =======================================================================
> 9. ENDitorial: Licences for Europe and fight club... only one rule
> =======================================================================
>
> There was a moment in November 2012 when even the most cynical observers
> of the European Commission were hopeful of an effective reform of
> copyright. Commissioner Barnier gave a speech where he demonstrated that
> he understood the problems. He explained that ?the digital revolution
> has not yet lived up to expectations in the European context? and
> described some barriers to cross-border access to content as
> illegitimate. Finally, the problems had been identified. And recognising
> a problem is a first step to solving it.
>
> Then, in December 2012, the Commission was even more explicit. It
> explained that the following would be addressed: territoriality in the
> Internal Market; harmonisation, limitations and exceptions to copyright
> in the digital age; fragmentation of the EU copyright market; and how to
> improve effectiveness and efficiency of enforcement while underpinning
> its legitimacy in the wider context of copyright reform.
>
> So far, all that has actually happened is the launch of the Commission's
> ?licences for Europe? initiative. Or rather, the Commission's launched
> industry's initiative... or... well, whoever it is that owns it, was
> launched. The last line of Commissioner Barnier's speech at the opening
> event was very telling. ?The ball is in your court,? he said. He didn't
> explain who ?you? are ? the overwhelming majority of participants
> (industry lobbyists), the tiny minority of civil society... or society
> in general?
>
> Actually, we know that ?you? is not society in general. The first rule
> of fight club ...?licences for Europe? is... you do not talk about
> ?licences for Europe?. No web streaming of the working groups, ?Chatham
> House Rules? that forbid the attribution of statements to particular
> participants or their organisations. The public at large is kept firmly
> outside of the process. After the lack of transparency that helped bring
> down ACTA, we now have closed doors and ?Chatham House Rules? for
> ?licences for Europe?. And no problem definition for the working groups
> to work on.
>
> Barnier's subsequent comment that ?it is incomprehensible that Europeans
> are coming up against obstacles online which they have been dismantling
> in the physical world for more than 50 years,? hovers somewhere between
> tragedy and comedy. This statement comes from a Commissioner who
> inherited a demonstrably failed 2001 Copyright Directive but has not
> acted to fix it. This is the Commissioner that inherited a demonstrably
> failed 2004 IPR Enforcement Directive, but has not acted to fix it.
>
> After four years of inaction on licensing and four years of inaction on
> exceptions and limitations to copyright, Commissioner Barnier demanded
> action... by everyone in the room except himself, to ?meet together to
> find fast, specific solutions to problems arising in the here and now?.
> Fast? Faster than what?
>
> So, what now? Well, we will have months of working group meetings,
> carefully shielded from the public by the opaque walls of the European
> Commission, bringing us closer and closer to the end of this
> legislature, at which time Commissioner Barnier can hand over the
> dossier to the next incumbent of the ?Internal Market? portfolio.
> Instead of less red tape and fewer licences, licences ?for? Europe are
> likely to generate new barriers and new bureaucracy.
>
> For example, one of the working groups is on ?user-generated content?.
> User-generated content is... well... how can this be explained...? It is
> user-generated and should not require licensing. Obviously? In many
> European countries, users can generate content that avails of exceptions
> to copyright for parody/pastiche, for incidental use, uses of minor
> importance etc., without licences. However, none of these exceptions are
> mandatory, so there is a lack of harmonisation across Europe caused by a
> European Directive which the Commission has no obvious intention of
> resolving. So, if harmonisation is not possible by the removal of
> licensing obligations in those countries which don't have appropriate
> exceptions... what will the ?working group? be ?working? on? Adding
> voluntary ?licensing? to remove rights that citizens currently have?
>
> The speech from Commissioner Kroes was not much more inspiring. She said
> that she was not ?too keen on heavy-handed legislative measures. They
> aren't always needed.? This is true. The question is: when you've
> already got heavy-handed legislative measures that are not fit for
> purpose ? do you repeal or reform them, or do you farm the problem out
> to an ad hoc collection of industry lobbyists in order to make it seem
> that the problem is being solved?
>
> It normally takes at least 9-12 months for the European Parliament to
> adopt a legislative text. The next elections are in 15 months. Is there
> no hope for a real reform in the next two years?
>
> Licenses for Europe
> https://ec.europa.eu/licences-for-europe-dialogue/en
>
> Commissioner Kroes speech: Digital technology and copyright can fit
> together (4.02.2013)
> http://europa.eu/rapid/press-release_SPEECH-13-96_en.htm
>
> Commissioner Barnier speech: Making European copyright fit for purpose
> in the age of internet (7.11.2012)
> http://europa.eu/rapid/press-release_SPEECH-12-785_en.htm
>
> Commissioner Barnier speech: Licences for Europe: quality content and
> new opportunities for all Europeans in the digital era (4.02.2013)
> http://europa.eu/rapid/press-release_SPEECH-13-97_en.htm
>
> (Contribution by Joe McNamee - EDRi)
>
> =======================================================================
> 10. Recommended Action: support your privacy rights
> =======================================================================
>
> EDRi together with other civil rights and data protection organisations
> launched on 5 February 2013 the European campaign portal
> Privacycampaign.eu in support of better protection for European
> citizens' rights to privacy and data protection.
>
> ?This is our one opportunity to develop a strong legal framework,
> building trust and removing unnecessary red tape for business. We need a
> framework that is guided by clear, predictable legal principles and
> strong enforcement. Instead, we have an unprecedented wave of
> ill-informed, ill-advised and destructive corporate lobbying. Democracy
> needs to be injected back into this debate in order to protect the
> rights of European citizens? says Joe McNamee, Executive Director of
> European Digital Rights.
>
> The joint campaign launched by European Digital Rights (representing 32
> organisations), Privacy International, The Julia Group, La Quadrature du
> Net and Access aims at creating a counterweight to the massive lobbying
> by the US government, trade associations and big internet business on
> the data protection reform.
>
> The organisations believe that without a successful reform of the data
> protection framework European citizens will be left with a series of
> legal loopholes and a range of unpredictable enforcement gaps where
> nobody, neither citizens nor business, knows what law will be enforced.
>
> The action of the European citizens is even more needed after the recent
> news that prove that MEPs in the Internal Market and Consumer Committee
> (IMCO) have adopted amendments written by Amazon, eBay or the American
> Chamber of Commerce (AmCham EU) ? to the detriment of European citizens
> and their fundamental rights to privacy and data protection.
>
> Privacy Campaign - European Campaign Portal for the Data Protection Reform<
> http://www.privacycampaign.eu/
>
> Lobby groups take CTRL+V of data protection proposal (11.02.2013)
> http://edri.org/lobbyplag-eudatap
>
> LobbyPlag
> http://www.lobbyplag.eu/
>
> =======================================================================
> 11. Recommended Reading
> =======================================================================
>
> EU: Protection of human rights in the EU "rarely a priority", says
> Human Rights Watch (02.2013)
> http://www.statewatch.org/news/2013/feb/03hrw-eu-report.htm
>
> EU cyber security directive considered harmful (8.02.2013)
>
> http://www.lightbluetouchpaper.org/2013/02/08/eu-cyber-security-directive-considered-harmful/
>
> =======================================================================
> 12. Agenda
> =======================================================================
>
> 14-15 February 2013, Vienna, Austria
> Internet 2013 - Shaping policies to advance media freedom
> http://www.osce.org/event/internet2013
>
> 21-22 February 2013, Washington DC, USA
> Intellectual Property and Human Rights Conference and Roundtable Discussion
> Webcasted live and archived
>
> http://www.wcl.american.edu/pijip/go/blog-post/intellectual-property-and-human-rights-conference-and-roundtable-discussion
>
> 22 February 2013, Warsaw, Poland
> ePSIplatform Conference: "Gotcha! Getting everyone on board"
>
> http://epsiplatform.eu/content/save-date-22-february-2013-epsiplatform-conference
>
> 21-22 March 2013, Malta
> Online Privacy: Consenting to your Future
> http://www.onlineprivacyconference.eu/
>
> 6-8 May 2013, Berlin, Germany
> re:publica 2013
> http://re-publica.de/en/
>
> 20-21 June 2013, Lisbon, Portugal
> EuroDIG 2013
> http://www.eurodig.org/
>
> 25-26 June 2013, Barcelona, Spain
> 9th International Conference on Internet Law & Politics: Big Data:
> Challenges and Opportunities.
> http://edcp.uoc.edu/symposia/idp2013/?lang=en
>
> 25-26 June 2013, Washington, DC, USA
> 23rd Computers, Freedom and Privacy Conference (CFP)
> CfP by 1 March 2013
> http://www.cfp.org/2013
>
> 31 July ? 4 August 2013, Geestmerambacht, Netherlands
> Observe. Hack. Make. - OHM2013
> CfP by 1 March 2013
> https://ohm2013.org/
>
> 23-26 September 2013, Warsaw, Poland
> Public Voice Conference 2013
> 35th International Data Protection and Privacy Commissioners conference
> http://www.giodo.gov.pl/259/id_art/762/j/en/
>
> ============================================================
> 13. About
> ============================================================
>
> EDRi-gram is a biweekly newsletter about digital civil rights in Europe.
> Currently EDRi has 32 members based or with offices in 20 different
> countries in Europe. European Digital Rights takes an active interest in
> developments in the EU accession countries and wants to share knowledge
> and awareness through the EDRi-gram.
>
> All contributions, suggestions for content, corrections or agenda-tips
> are most welcome. Errors are corrected as soon as possible and are
> visible on the EDRi website.
>
> Except where otherwise noted, this newsletter is licensed under the
> Creative Commons Attribution 3.0 License. See the full text at
> http://creativecommons.org/licenses/by/3.0/
>
> Newsletter editor: Bogdan Manolea <edrigram at edri.org>
>
> Information about EDRi and its members:
> http://www.edri.org/
>
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>
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> End of EDRi-news Digest, Vol 119, Issue 1
> *****************************************
>
>
> --
> Stephen LaPorte
> Legal Counsel
> Wikimedia Foundation
>
> *For legal reasons, I may only serve as an attorney for the Wikimedia
> Foundation. This means I may not give legal advice to or serve as a lawyer
> for community members, volunteers, or staff members in their personal
> capacity.*
>
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