[A2k] Citizen safeguards striked out in EU Council

Mon Dec 1 10:39:10 2008

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Permanent link:
http://www.laquadrature.net/en/citizen-safeguards-striked-out-in-EU-council

Citizen safeguards striked out in EU Council

** Paris, November 27th 2008 =E2=88=92 The EU Council reached a political
agreement on the telecommunication reform (=E2=80=9CTelecoms Package=E2=80=
=9D) on
thursday, Nov. 27th. On one hand, crucial modifications to the text
finally doom Nicolas Sarkozy's project to impose graduated response to
the whole Europe. On the other hand, important safeguards to citizen's
fundamental rights and freedoms were deleted. The agreed text lowers the
protection of privacy in the EU, in the name of =E2=80=9Csecurity=E2=80=9D.=
 **

During last weeks, citizens from many European countries[1] raised
awareness of their ministers representatives in Council on the Telecoms
Package, by meeting them, sending letters, alerting the press, etc. This
intense activity undoubtedly helped modifying critical parts of the text
agreed by the ministers of the twenty-seven Member States.

The dispositions imposing the =E2=80=9Cgraduated response=E2=80=9D scheme i=
n the
European Union (or =E2=80=9Cthree strikes and you're out=E2=80=9D) were neu=
tralized in
the Council's version. This is a striking blow at the entertainment
industries who spent much effort[2] in promoting it.

But the agreed text contains major problems:

    * An unacceptable revision has been made to Art.6, par.6 of ePrivay
directive[3], allowing private operators to collect and process traffic
data and exonerate from current privacy rules. This exoneration is so
broad that it allows any web company to process any citizen's[4] data
for broad, undefined purposes and for a potentially infinite duration.
This is a frightening decline, openly ignoring the European Data
Protection Supervisor (EDPS)'s recommendations[5] that were followed by
the European Parliament.

    * The Bono/Cohn-Bendit/Roithova amendment 138 (Art.8, par.4 (ga) of
the Framework directive), restating an essential principle of protection
of fundamental rights and freedom in European law, has been removed.
Deletion of amendment 138, on the vague pretext that the wording was too
broad, is in opposition with the democratic expression of 88% of the
Members of European Parliament (MEPs) and the European Commission. It
clearly shows from the Council a disturbing lack of political courage in
protecting citizens' fundamental rights and Freedom.

    * The dispositions related to =E2=80=9Ccooperation in the promotion of
lawful content=E2=80=9D (Art.33 par.2a of Universal Service directive), sti=
ll
included in the text, must be deleted as well as the related recital
(12c). These texts were pushed by the French cinema lobby to introduce
the graduated response. Their vague wording could still be used by
national governments to violate fundamental rights of their citizens
until a European court remind them the law. This is exactly what France
aims to do in few weeks with its =E2=80=9Cgraduated response=E2=80=9D law.

=E2=80=9CIt is not tolerable that the Council deleted crucial implementatio=
ns of
fundamental principles. The Council lets Nicolas Sarkozy free to violate
French citizen's rights with his national project of 'graduated
response'. The Commissioner, Viviane Reding, has been quite alone not to
share this Pilate's position. The Commission even recalled today[6] that
this project is a freedom-killer.=E2=80=9D explained G=C3=A9rald S=C3=A9dra=
ti-Dinet,
analyst for La Quadrature du Net (Squaring the Net).

=E2=80=9CThe Council's agreement failed to protect fundamental rights by
deleting two important safeguards. Let's hope the European Parliament
will fight against industry lobbies during the second reading and
finally clean up the whole package. No compromise must be made in
preserving the right to a due process and privacy in the digital
environnement.=E2=80=9D concluded J=C3=A9r=C3=A9mie Zimmermann, co-founder =
and coordinator
of La Quadrature.

** About la Quadrature du Net **

La Quadrature du Net (Squaring the Net) is citizen group informing about
legislative projects menacing civil liberties as well as economic and
social development in the digital age.

La Quadrature du Net informs citizens, public authorities,
organizations, corporations.

It works with everyone to elaborate balanced alternative solutions.

La Quadrature du Net is supported by French, european and international
NGOs including the Electronic Frontier Foundation, the Open Society
Institute and Privacy International.

List of supporting organisations :
http://www.laquadrature.net/en/they-support-squaring-net-la-quadrature-du-n=
et

** Press contact and press room **

J=C3=A9r=C3=A9mie Zimmermann, jz@laquadrature.net, +33 (0)6 615 940 675

http://www.laquadrature.net/en/press-room

* R=C3=A9f=C3=A9rences *

1. Letters were sent and published from Czech Republic, France, Germany,
Netherlands, Poland, Portugal, Spain, United Kingdom, etc.

2. Privacy: Film industry pirates European law.

http://www.laquadrature.net/en/privacy-film-industry-pirates-european-law

3. Formerly amendment 181 adopted by European Parliament.

4. Whether they are clients from this operator or not.

5. =E2=80=9CBecause [the provision] is broadly constructed, for example, [.=
..]
it does not limit the type of entities (data controllers) it is meant to
apply, the EDPS is concerned that it could be interpreted too broadly.
In particular, the EDPS is concerned that it could be used to legitimise
the collection of traffic data for purposes that are not purely security
related. He is also concerned that it could open the door for anyone,
not only providers of security services and products, to process traffic
data alleging to do it for security purposes.=E2=80=9D
      http://www.laquadrature.net/wiki/EDPS_Comments_Telecoms_Package_IMCO

6. French newspaper La Tribune published today the Commission response
to France's obligation of notification for its "graduated response" law
:
http://www.latribune.fr/entreprises/communication/telecom-internet/20081127=
trib000314818/loi-antipiratage-sur-internet-les-observations-de-bruxelles-.=
html

- --
- ---  Jeremie ZIMMERMANN  ---------------------------------------------
- ---  La Quadrature du Net  -------------------------------------------
- ---  http://laquadrature.net  ----------------------------------------

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