[A2k] Questions to Commissioner-designate Kroes on Net neutrality and freedoms in the digital age

[Jérémie ZIMMERMANN - La Quadrature du Net]

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La Quadrature du Net sent this letter to the members of the ITRE and
CULT committees of the European Parliament to urge them to ask the
following questions to Mrs. Kroes, Commissioner-designate for the
Digital Agenda, during her hearing on Thursday, January 14th.

Every EU citizen concerned by freedoms in the digital environment is
encouraged to call1 the members of the ITRE and CULT committees to make
sure that Commissioner Kroes states her views on these important issues.

http://www.laquadrature.net/wiki/MEPs_ITRE
http://www.laquadrature.net/wiki/MEPs_CULT


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Dear Member of the ITRE Committee,

On Wednesday January 14th, you and your colleagues will conduct the
audition of Commissioner Neelie Kroes. We ask you to take the
opportunity of this important exchange of views between the European
Parliament and the Commissioner-designate for the Digital Agenda to
advocate for EU policies that enhance public welfare in the networked
society by asking some specific questions.

We would be honored if these questions could help you as you inquire
after Commissioner Barnier's commitment to European funding values:
freedom, democracy and the rule of law.



Net Neutrality

 * According to you, what is the importance of the principle of network
neutrality? Specifically, do you think there is a need for the European
Union to mandate this principle to both fixed and wireless Internet
Service Providers? As a Commissioner, what steps would you take to
enforce the principle of Net neutrality in order to avoid restrictions
of access to online resources imposed by operators?

 * What importance do you attach to preserving the limited liability of
technical intermediaries (such as Internet Service Providers and hosting
services)?

http://www.laquadrature.net/en/Net_neutrality



Access to the Net, Internet blocking and Fundamental Rights

 * What can be the expectations for European consumers regarding their
right to access the Internet? From a legal point of view, do you think
it would make sense for the EU legal order to ensure that no
restrictions to people's Internet access can be imposed without a prior
ruling by the judicial authorities?

 * Does the Commissioner agree that Internet blocking is causing major
problems for democracy and the rule of Law in the EU and across the
globe? In your view, are such measures an efficient way to enforce
criminal law?



ACTA

 * What are your views on the ongoing negotiation process of the
Anti-Counterfeiting Trade Agreement (ACTA)?

 * Do you think that this agreement should include provisions regarding
non-commercial file-sharing?

 * Do you think that this agreement should increase the liability of
technical intermediaries for the transmission or storage of copyrighted
material?

http://www.laquadrature.net/en/ACTA



Copyright

 * Should copyright enforcement policies be put in place through
voluntary agreements between rights holders and Internet Service
Providers? Specifically, what do you see as the dangers to free speech
and privacy of copyright enforcement policies put in place through such
voluntary agreements?

 * At WIPO, the United States recently stated that copyright exceptions
are important for access to information, cultural expression and ideas
and to ensure full participation in a democratic society. Currently, the
EU framework has no mandatory exceptions apart from technical purpose.
Do you think that current (non-mandatory) exceptions to copyright in EU
legislation are adapted to today's technologies? Will you stand for a
EU-wide compulsory exception for education and research (in the sense of
an exception that must be implemented in every Member state)? Would it
be reasonable to move towards creating a statutory license to allow the
non-commercial exchange of cultural goods over the network, such as the
so-called "cultural flat rate", or "contribution créative"?

 * Which initiative would you undertake to increase European citizen's
access to cultural content on the Internet? How would you help increase
the diversity of works accessible online? How do you think the EU can
further support incumbent and innovative actors on the online cultural
market?

 * Is the EU's push in favor of copyright terms extension something that
you intend to pursue as a Commissioner? What is your opinion on the
effect that retroactive term extensions may have on the market for
cultural works? Does it increase the incentive to invest in new
creations, does it have the opposite effect, or does it have no market
influence at all?

 * Do you think that a unified patent litigation system shoult be set-up
in the EU? If such a system were to be put in place, do you think it is
necessary that a higher court be granted the power to review decisions
and to set patent-related case law?



Philippe Aigrain, Gérald Sédrati-Dinet, Benjamin Sonntag, Jérémie
Zimmermann.
Co-founders of La Quadrature du Net.


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