Indymedia e' un collettivo di organizzazioni, centri sociali, radio, media, giornalisti, videomaker che offre una copertura degli eventi italiani indipendente dall'informazione istituzionale e commerciale e dalle organizzazioni politiche.
toolbar di navigazione
toolbar di navigazione home | chi siamo · contatti · aiuto · partecipa | pubblica | agenda · forum · newswire · archivi | cerca · traduzioni · xml | classic toolbar di navigazione old style toolbarr di navigazione old style toolbarr di navigazione Versione solo testo toolbar di navigazione
Campagne

CD GE2001 - un'idea di Supporto Legale per raccogliere fondi sufficienti a finanziare la Segreteria Legale del Genoa Legal Forum


IMC Italia
Ultime features in categoria
[biowar] La sindrome di Quirra
[sardegna] Ripensare Indymedia
[lombardia] AgainstTheirPeace
[lombardia] ((( i )))
[lombardia] Sentenza 11 Marzo
[calabria] Processo al Sud Ribelle
[guerreglobali] Raid israeliani su Gaza
[guerreglobali] Barricate e morte a Oaxaca
[roma] Superwalter
[napoli] repressione a Benevento
[piemunt] Rbo cambia sede
[economie] il sangue di roma
Archivio completo delle feature »
toolbarr di navigazione
IMC Locali
Abruzzo
Bologna
Calabria
Genova
Lombardia
Napoli
Nordest
Puglia
Roma
Sardegna
Sicilia
Piemonte
Toscana
Umbria
toolbar di navigazione
Categorie
Antifa
Antimafie
Antipro
Culture
Carcere
Dicono di noi
Diritti digitali
Ecologie
Economie/Lavoro
Guerre globali
Mediascape
Migranti/Cittadinanza
Repressione/Controllo
Saperi/Filosofie
Sex & Gender
Psiche
toolbar di navigazione
Dossier
Sicurezza e privacy in rete
Euskadi: le liberta' negate
Antenna Sicilia: di chi e' l'informazione
Diritti Umani in Pakistan
CPT - Storie di un lager
Antifa - destra romana
Scarceranda
Tecniche di disinformazione
Palestina
Argentina
Karachaganak
La sindrome di Quirra
toolbar di navigazione
Autoproduzioni

Video
Radio
Print
Strumenti

Network

www.indymedia.org

Projects
oceania
print
radio
satellite tv
video

Africa
ambazonia
canarias
estrecho / madiaq
nigeria
south africa

Canada
alberta
hamilton
maritimes
montreal
ontario
ottawa
quebec
thunder bay
vancouver
victoria
windsor
winnipeg

East Asia
japan
manila
qc

Europe
andorra
antwerp
athens
austria
barcelona
belgium
belgrade
bristol
croatia
cyprus
estrecho / madiaq
euskal herria
galiza
germany
hungary
ireland
istanbul
italy
la plana
liege
lille
madrid
nantes
netherlands
nice
norway
oost-vlaanderen
paris
poland
portugal
prague
russia
sweden
switzerland
thessaloniki
united kingdom
west vlaanderen

Latin America
argentina
bolivia
brasil
chiapas
chile
colombia
ecuador
mexico
peru
puerto rico
qollasuyu
rosario
sonora
tijuana
uruguay

Oceania
adelaide
aotearoa
brisbane
jakarta
manila
melbourne
perth
qc
sydney

South Asia
india
mumbai

United States
arizona
arkansas
atlanta
austin
baltimore
boston
buffalo
charlottesville
chicago
cleveland
colorado
danbury, ct
dc
hawaii
houston
idaho
ithaca
la
madison
maine
michigan
milwaukee
minneapolis/st. paul
new hampshire
new jersey
new mexico
new orleans
north carolina
north texas
ny capital
nyc
oklahoma
philadelphia
pittsburgh
portland
richmond
rochester
rogue valley
san diego
san francisco
san francisco bay area
santa cruz, ca
seattle
st louis
tallahassee-red hills
tennessee
urbana-champaign
utah
vermont
western mass

West Asia
beirut
israel
palestine

Process
discussion
fbi/legal updates
indymedia faq
mailing lists
process & imc docs
tech
volunteer
EDRI-gram Number 4.14, 19 July 2006
by European Digital RIghts Wednesday, Jul. 26, 2006 at 4:14 PM mail:

EDRI-gram Number 4.14, 19 July 2006


EU Patent Policy criticised at the public hearing

    During the EU patent policy hearing on 12 July, the Foundation for a Free Information Infrastructure (FFII) criticised The European Patent Office (EPO) and the proposed European Patent Litigation Agreement (EPLA) which would put the new centralised European Patent Court under EPO control.

    FFII considers that EPLA would first of all make any litigation 2-3 times more expensive (according to EPO itself) bringing an additional burden to SMEs when enforcing a patent as well as in situations when they must defend themselves against a patent infringement accusation.

    The EPLA would give EPO even more power than it already has. The same people who are now running the EPO will be in charge of choosing judges for the new European Patent Court and the same individuals acting as judges will be allowed to work for the EPO as well.

    FFII board member Jonas Maebe said: "We have warned many times about the dangers of an unaccountable and over-ambitious EPO. Not only has the EPO changed its own rules to allow software and business method patents, it became actively involved in EU politics last year when it spent huge amounts of money to lobby the European Parliament in favour of the software patents directive."

    The European Commission seems to have a contradictory attitude towards this matter. It has presented EPLA as a way to optimize the European patent system and Commissioner McCreevy expressed his support for EPLA considering it a promising route forwards.

    On the other hand, in the extended consultation documentation on Patent Policy, the Commission stated about EPO: " Whilst being basically a patent granting office, the EPO has ambitions to steer patent policy at European and international levels. It has a business culture of its own with very little understanding for what happens in Brussels in a more global context."

    Another inconsistent attitude of the Commission is the action of carrying out a second consultation round, behind the curtain, providing support to some 600 SMEs known to hold patents or be involved in patent litigation According to FFII researcher Benjamin Henrion, the Commission promoted its own SMEs answers and discounted the collective answers provided by FFII which had used many man days to prepare them and which were supported by over a thousand SMEs.

    Even so, the SMEs targeted by the Commission reached the same conclusions as the FFII. They saw the danger of legalising software patents through both the Community Patent and the EPLA enforcement. Therefore, the Commission discredited their opinion as well considering these SMEs did not understand the patent system.

    The EPO is also criticised for granting patents with too broad a scope thus creating concerns for free-software advocates who believe that, under EPLA, more software and business method-type patents will be given.

    Concerns were expressed also by the representative of Nokia who expressed Nokia's worry related to a pan-European litigation process that would be disruptive for its business, as, generally, the company enforces its patents one country at a time.

    Florian Mueller , the anti-software patent campaigner who was one of those to address the hearing, predicted that the next step for the Commission would be to establish if EU needs to be involved in finalising and applying the EPLA.

    FFII statement given at EU patent policy hearing (12.07.2006)
    http://wiki.ffii.de/PatHearing060712En

    EPO dogmatic, short-sighted and power-hungry, says European Commission (10.07.2006)
    http://wiki.ffii.de/ComEPOPr060710En

    Commission Cheats European SMEs in Patent Consultation (10.07.2006)
    http://wiki.ffii.de/PatConsultPr060710En

    EC begins new pan-European patent love-in (13.07.2006)
    http://www.theregister.com/2006/07/13/europe_patent/

Dutch court rules for protecting file-sharers' identities

    In a verdict on 13 July 2006, the court of appeals in Amsterdam upheld a lower court ruling about the question whether Internet service providers (ISPs) have an obligation to hand over a user's identity when accused of illegal uploading by copyright holders. The lower court had concluded that ISPs can be ordered by a judge to hand over the identity of their users, when there is no reasonable doubt that those users whose identity is sought in fact did upload unauthorised files. This fairly strong criterion couldn't be met by BREIN, the Dutch Protection Rights Entertainment Industry Netherlands. It had made the appeal, seeking the name and addresses of 42 users, suspected of infringement of copyright through unauthorised uploads, through a provisional remedy procedure.

    The methods of BREIN to investigate unauthorised uploading involved the use of the services of US Company MediaSentry. The court concluded that the methods of this company were not sufficiently careful and precise. These methods included the unauthorised scanning of the shared folders of Internet users. The court was not convinced that this was within the limits of Dutch privacy law. Further more, the investigating techniques of MediaSentry were based on searches by file name and didn't verify the content of the file. The court followed the defence in its statement that, because of this, there was no proof that there had been an actual upload of an unauthorised file, because of the amount of 'decoy-files' and 'spoofed content' put on the Internet (by the music industry itself).

    A comprehensive procedure (this was a provisional remedy case that is meant to give a fast judgement by a court) has already been started by the ISPs. This procedure is longer and will leave more room for the court for its own research. Its outcome could mean a different balance between copyright holder's rights and privacy of Internet users.

    File-swappers' identities protected by Dutch court (14.07.2006)
    http://www.theregister.com/2006/07/14/fileswappers_protected/

    The verdict of the court of appeals in Amsterdam (in Dutch only, 13.07.2006)
    http://www.rechtspraak.nl/ljn.asp?ljn=AY3854

    Dutch file-swapper case collapses (12.05.2005)
    http://www.theregister.com/2005/07/12/dutch_p2p_case/

    (Contribution by Joris van Hoboken - EDRI-member Bits of Freedom - Netherlands)

Draft Administrative Order on data retention in Denmark

    The long awaited draft administrative order on data retention in Denmark is now public. The draft, which implements the data retention provisions in the anti-terrorism law of June 2002, is currently submitted to a group of telecoms, business associations, NGOs, and public authorities for consultations with deadline on 10 August 2006.

    The proposal drafted by the Ministry of Justice and Ministry of Science & Technology, with the advice of a small group of telecom representatives, is more limited in scope than the previous draft of Spring 2004. The proposal implements part of the recent EU data retention directive but is more invasive, since it includes Internet session data.

    Summary of the proposal with focus on internet data:
    - Retention period is one year;
    - Scope of data to be retained are data that are generated or processed in the ISPs current systems, thus it is not limited to data that are generated for billing purposes;
    - No obligation on the ISPs to invest in new equipment;
    - All commercial ISPs are included (non commercial ISPs, housing associations with less than 100 units, libraries, universities and other non commercial public institutions are excluded);
    - The Internet session data to be retained is (paragraph 5, 1): the sending internet protocol address, the receiving internet protocol address, transport protocol, sending port number, receiving port number, start and ending time of the communication.

    These data are to be retained for each internet sessions initiating and closing "communication package" leaving the ISPs own network, or if this is not feasible, for every 500 "communication packages" leaving the ISPs own network (paragraph 5, 4). According to the telecom industry the latter is the solution they expect to implement.

    In addition, the following user data need to be registered (paragraph 5, 2): the assigned user identity (e.g. customer number), the user identity and phone number assigned to communications in a public network, name and address of the registered subscriber or user of a given IP address, user identity or phone number, and start and ending time of the communication.

    For wireless access points offered by ISPs, data on the physical location and identity of the equipment need to be registered (paragraph 5, 3).

    For e-mails, the sending and receiving email address need to be retained, but only for users of the ISPs own email services, e.g. not for email services such as hotmail or gmail (paragraph 6).

    The coming weeks will show how the Telecom Industry, NGOs and others respond to the draft. So far, it seems the industry is willing to accept the proposal without much outcry, not least because it has included much of their earlier critique. Besides, many see it as a lost cause given the legal anti-terrorism provisions adopted in Denmark back in 2002.

    Ministry of Justice Draft administrative order on data retention (in Danish only)
    http://www.jm.dk/wimpdoc.asp?page=document&objno=75577

    EDRI-gram : New anti-terrorism measures in Denmark (5.12.2005)
    http://www.edri.org/edrigram/number3.24/Danish_antiterror

    (Contribution by Rikke Frank Jørgensen, EDRI-member Digital Rights Denmark)

Critical report on Irish e-voting system released

    On 4 July 2006, the Commission on Electronic Voting released its second report on the secrecy and accuracy of the e-voting system purchased by the Irish Government.

    The summary remarks at the beginning of the 200 page report say: "The Commission concludes that it can recommend the voting and counting equipment of the chosen system for use at elections in Ireland, subject to further work it has also recommended, but that it is unable to recommend the election management software for such use."

    The "further work" referred to appears from the phrasing of the rest of the introduction to be relatively minor, but a detailed reading of the report reveals the extent of the changes required.

    In order to comply with the "further work" that is a condition of the commission's recommendation of this system, the following changes (among others) will have to be made:
    1) add a voter verified audit trail;
    2) replace the election management software (which prepares election data, reads votes from "ballot modules", and calculates results) with a version that is developed to mission critical standards;
    3) modify the embedded software within the voting machines to bring it up to mission critical standard;
    4) make certain modifications to the machines themselves;
    5) test all components to mission critical standard;
    6) modify the specification for the PC that is to be used for vote management;
    7) test the system as a whole (including end-to-end testing) to mission critical standard;
    8) rectify the security vulnerabilities identified in the way data is transferred within the system.

    The minister responsible has indicated that he intends to continue with the introduction of this system, but it is not clear that he recognises the extent of the changes required by the report.

    Irish Citizens for Trustworthy Evoting (ICTE) are pushing for a comprehensive cost/benefit analysis to be carried out before any decision to continue is made. The costs in terms of money and time will be considerable, and they need to be calculated accurately before they can be compared to the supposed benefits. ICTE is an independent group of over one hundred concerned Citizens, IT & Security Practitioners, and Legal Professionals calling for the introduction of a Voter Verified Audit Trail with any E-voting system used in Ireland.

    On a more positive note, it is certain that the system will not be used for the next general election in Ireland, which will take place in early 2007. The strength of criticism of this system from opposition parties here means that if there is a change of government through that election this system may finally be scrapped.

    Commission on Electronic Voting - Second report on e-voting (07.2006)
    http://www.cev.ie/htm/report/download_second.htm

    Margaret McGaley - Articles on E-voting - Computer Science department of National University of Ireland, Maynooth
    http://www.cs.nuim.ie/~mmcgaley

    Irish Citizens for Trustworthy Evoting (ICTE)
    http://evoting.cs.may.ie

    EDRi-gram : Irish government to test e-voting system (15.06.2006)
    http://www.edri.org/edrigram/number3.12/e-voting

    (Contribution by Margaret McGaley - spokesperson for ICTE)

Austria joins Privacy International's SWIFT campaign

    As previously reported in EDRI-gram the international financial surveillance programme run by the US government and involving the European company SWIFT (Society for Worldwide Interbank Financial Telecommunication, based in Belgium) continues to raise discussion in several countries in Europe.

    According to SWIFT's Austrian board member, Günther Gall, 150 million data sets of transactions were forwarded to US intelligence services. The whole SWIFT board, including Mr. Gall, has known about this since the beginning in 2001. This is "less than 1 percent" of all transactions, but it is nevertheless a breach of privacy laws and financial secrecy. Members of Austrian business organisations have also voiced big concerns about possible cases of industrial espionage, because it is not known who has access to the intercepted SWIFT data. Combining the data from money transfers and the disputed Passenger Name Records data enables everyone who gets these records to use them for economic advantage.

    Organisations in UK, Germany and Austria have begun to investigate the scope of the damage caused by the SWIFT tapping. Letters to local banks and SWIFT board members have been prepared and published. Every company, business and individual is advised to demand a clarification about the intercepted data on the basis of data protection laws. Furthermore legal steps are being prepared against the SWIFT board since they gave customer details away without mutual consent.

    CIA Spionage - ist auch Ihr Konto betroffen? (only in German, 19.07.2006)
    http://www.quintessenz.at/cgi-bin/index?id=000100003633

    PI launches campaign to suspend unlawful activities of finance giant (28.06.2006)
    http://www.privacyinternational.org/article.shtml?cmd��0�=x-347-538985

    An Open Letter to the CEO of SWIFT on other covert programmes for access to financial data (12.07.2006)
    http://www.privacyinternational.org/article.shtml?cmd��0�=x-347-539512

    Industriespionage statt Antiterrorkampf? (only in German, 11.07.2006)
    http://www.handelsblatt.com/news/Default.aspx?_p=200051&_t=ft&...

    EDRi-Gram : Terrorist Finance Tracking Program raises privacy questions (5.07.2006)
    http://www.edri.org/edrigram/number4.13/swift

    (Contribution by René Pfeiffer - EDRI-member Quintessenz - Austria)

"Free cultures - Free Internet"

    This was the motto of a Swiss symposium on Internet Governance held on 7 July at ETH Zurich. Inspired by the international efforts of convening an Internet Governance Forum (IGF) the symposium in Zurich was co-organized by ETH Zurich, a leading Swiss technical university and SWITCH, a Swiss non-profit ISP which has been established by the Swiss Confederation and eight university cantons, and which primarily serves academic institutions. The conference was supported also by many civil liberties organizations including EDRI-member Swiss Internet User Group (SIUG).

    After a welcome address by Professor Bernhard Plattner (who had been in charge of the Swiss country-code TLD ch. during the pioneer phase of the Internet in Switzerland, until he passed the responsibility on to SWITCH), the Executive Coordinator of the IGF Secretariat, Mr Markus Kummer, spoke about what the Internet Governance Forum (IGF) "is and what it could be".

    Mr Kummer described the beginning of a multistakeholder public-policy dialogue as a result of WSIS, the World Summit on Information Society. He said that "WSIS brought together two worlds", on the one hand the "world of governments" and on the other hand the Internet community, the private sector and civil society. There has been "recognition on both sides that there is merit in talking to each other and discuss public policy issues." Consequently, WSIS has invited UN Secretary-General to convene a new forum for multi-stakeholder policy dialogue - the IGF. There are widely divergent expectations of what the IGF should be, although it is clear that the IGF is not a new organization, it is not a decision-making body and there is no defined membership. For the first IGF Meeting in Autumn in Athens, the "Internet Governance for Development" has been chosen as overall theme with four broad topical areas that will be discussed: openness, security, diversity and access. In closing, Mr Kummer pointed out that international coordination does not work without coordination at the national level. Multi-stakeholder dialogue at the national level is therefore one prerequisite for success of the IGF.

    Afterwards Jakob Lindenmeyer of ETH Zurich and Design for All presented an example of how multistakeholder processes can lead to concrete results in the area of eInclusion - avoiding barriers in websites that prevent many elderly people and people with disabilities from accessing website content and functionality.

    Following that, there were three presentations on the perspectives about the IGF of the three major stakeholder groups. Lynn St. Amour of ISOC spoke about the perspective of ISOC and the private sector. Thomas Schneider from BAKOM (the Swiss government office dealing with matters of communication) represented the perspective of the Swiss government. Wolf Ludwig of comunica-ch.net represented civil society and emphasized the strong contrast during the WSIS process between those areas where civil society was effectively excluded from the discussions (and although civil society provided inputs, these were ignored and had no impact) and the Working Group on Internet Governance which was a true multistakeholder process in which civil society was able to fully participate.

    After all these talks about the IGF as a whole, an attempt was made to hold panel discussions on two issues. The first of these topics was the regulation of privacy and security concerning RFID, mobile telephones and wireless communication in general. The second topic was related to the planned revision of Swiss copyright law; Should copying be freely permitted, or should there be strict rules and punishments? Unfortunately, after the various positions had been presented, there was not enough time for a real debate.

    However a genuine discussion took place during the last item of the programme, when a good number of people who were interested in discussing a possible IGF contribution of Swiss civil society met and decided to work out a text proposing Internet Quality Labels, e.g. for Website Design which would satisfies eInclusion standards, or for Internet Service Providers. The proposal could be an innovative Swiss civil society contribution to the IGF in Autumn, because it reflects a multistakeholder approach; the proposed Internet Quality Labels are not just an instrument of self-regulation (under the control of the private sector) but they should rather be administrated in a manner which would give equal weight to the perspectives of all three major stakeholder groups: governments, private sector and civil society. While the IGF is not a conference that could make decisions about Internet Quality Labels or any other topics, the IGF brings together a great diversity of stakeholders, a good number of which might be interested in working together on this idea.

    Slides and video streams from the Conference "Free cultures - Free Internet" (only in German, 7.07.2006)
    http://www.igf-06.ch/praesentationenigf06/praesentationen.html

    Draft "Internet Quality Labels" (only in German)
    http://elbanet.ethz.ch/wikifarm/igf/

    Internet Governance Forum
    http://intgovforum.org/

    (Contribution by Norbert Bollow - EDRi -member Swiss Internet User Group (SIUG)

UK ID card scheme heading to failure

    Reports by The Sunday Times newspaper revealed an apparent failure of the UK plans for ID cards resulting from an exchange of emails between David Foord, the ID card project director at the Office of Government Commerce, and Peter Smith, the acting commercial director of the Identity and Passport Service (IPS).

    The email sent in June by David Foord suggested ministers would be forced to rethink the plans in order to meet the deadlines of introducing the cards by 2008. Peter Smith replied that his staff were prepared for the possibility that ministers would drop the ID card plan altogether. He also said the Home Office was making sure bigger contracts for projects linked to the ID card scheme were being planned to compensate for the eventual sinking of the ID card plan.

    Although it has denied claims that the national identity card programme was in trouble, on 11 July, the Home Office said that the introduction of ID cards would be dependent on the review of Home Office operations by the new Home Secretary, John Reid.

    A BBC report quoted Home Office sources as saying that tendering had been postponed indefinitely. A Home Office spokesperson affirmed: "Any suggestion that we have abandoned the introduction of ID cards is wrong. We have always made clear that their introduction would be in stages - an incremental process. That remains the position."

    David Blunkett, former Home Secretary, said that the project had always been thought as staged and that it would make sense to issue cards to immigrants and citizens of other EU countries as a first stage.

    Prime Minister's Official Spokesperson PMOS) claimed that a "slight re-sequencing" of the plan would address the issue of foreign nationals first. He apparently believes firmly that ID cards are a crucial tool in dealing with migration and other identity issues.

    The opinions are that the plan could be scaled down in an attempt to save the face and that a downscaled version would only bring about an earlier collapse of the entire project altogether.

    The correspondence between the two civil servants suggested that the Home Office and PM Blair were aware of the difficult situation of the programme and Foord has shown that presently it has no approved business case, and has described the construction and approval of one by March 2007 as "a reasonable target but by no means guaranteed."

    Mr. Blair's insistence on having the first ID cards in place by 2008 has triggered an early smaller sized variant, as well as the creation of a TNIR (Temporary National Identity Register) over which both Foord and Smith have serious concerns especially regarding the timing.

    Foord does not think TNIR can be procured, tested and run in such a short period of time and he doubts the Government and industry have the necessary resources two organise two overlapping procurements. Smith, in his turn, stated TNIR was not part of the procurements that will allow IPS "business as usual" to continue.

    Emails from Whitehall officials in charge of ID cards (8.06.2006)
    http://www.timesonline.co.uk/article/0,,2087-2261631,00.html

    UK ID card scheme near collapse, as Blair pushes cut-down 'variant' (9.07.2006)
    http://www.theregister.com/2006/07/09/st_id_cards_doomed_emails/

    Not delayed, not sleeping, dead - UK ID card scheme goes under (12.07.2006)
    http://www.theregister.com/2006/07/12/idcards_getting_elbow/

    Home Office stands by ID cards (11.07.2006)
    http://www.theregister.co.uk/2006/07/11/id_card_project_not_troubled/

    Does Reid plan to punish businesses mean ID card for immigrants? (17.07.2006)
    http://www.theregister.co.uk/2006/07/17/reid_migrant_hire_plans/

    EDRI-gram : PM supports UK ID Cards Act (24.05.2006)
    http://www.edri.org/edrigram/number4.10/ukid

ISPs reaction to British Phonographic Industry action

    The British Phonographic Industry (BPI) accused the ISPs Tiscali and Cable&Wireless of harbouring filesharers and demanded the close up of 17 and 42 respectively..

    BPI has already taken action against 139 uploaders, having settled in court 111 cases of them and considers its campaign against filesharers is going well. However, it considers ISPs are failing to take effective measures stop illegal filesharing.

    BPI Chairman Peter Jamieson said, "We have demonstrated in the courts that unauthorised filesharing is against the law. We have said for months that it is unacceptable for ISPs to turn a blind eye to industrial-scale copyright infringement."

    Cable&Wireless' answered that it would take "whatever steps are necessary to put the matter right," meaning that any account used for illegal filesharing would be closed. On the other hand Tiscali said it wouldn't close any accounts without more evidence of wrongdoing from the music industry body. BPI had required from the ISPs: to suspend the relevant customers until they enter into an agreement with BPI, to disclose the personal details of the relevant customers and to conclude a legal agreement with BPI.

    Tiscali questioned the quality of the evidence provided, and, under the provisions of the Data Protection Act, refused to give any personal data on the account holders without a court order.

    It has stated that, out of the 17 accounts under question, one customer was contacted, in respect of whom BPI has "provided partial evidence of communication to the public of copyrighted sound recordings". The respective customer was given seven days to provide an explanation. In case it does not receive a proper explanation, Tiscali will suspend the user's account pending the resolution of BPI's investigation, provided it received evidence from BPI of a link between the user account and the IP address at the relevant time.

    For the rest of 16 accounts Tiscali is waiting for more proper evidence. Tiscali has also stated that neither Tiscali, as an ISP, nor the BPI, as a trade association, should act "as a regulator or law enforcement agency and deny individuals the right to defend themselves against the allegations made against them."

    Despite Tiscali's answer, BPI is however pleased with the present outcome being "hugely encouraged" by the ISP's willingness to cooperate. "The first thing is that they've already moved to suspend one account. Yes, they wanted more evidence - we could challenge this in court, but we're happy to provide it. We're pleased they are willing to cooperate," said Matt Phillips, spokesman for the BPI.

    Tiscali and BPI in filesharing standoff (12.07.2006)
    http://www.theregister.co.uk/2006/07/12/tiscali_bpi/

    BPI: ISPs must give filesharers the boot (10.07.2006)
    http://www.theregister.co.uk/2006/07/10/bpi_isps_boot/

    Cable & Wireless likely to suspend file-sharers' accounts (11.07.2006)
    http://www.theregister.co.uk/2006/07/11/bulldog_may_suspend/

Commission strengthens the data protection policy

    Following a complaint by a German citizen against the Hamburg State on the way the public authorities may handle the personal data and a series of arguments from the European Ombudsman and European Data Protection Supervisor, the European Commission decided to review its interpretation of the Data Protection Directive, in order to provide a more extensive protection.

    The German citizen made an infringement complaint in 2004 to the Commission against the State of Hamburg. The complainant considered that the public authorities were breaching Article 14(1)(b) of the EU Data Protection Directive when the public authorities could hand over personal data to companies, even when they knew that the date were used for direct marketing purposes. The initial answer of the Commission stated that the Directive did not cover this eventuality. In its view it only provided protection against public authorities using personal data for their own direct marketing purposes.

    The European Ombudsman intervened and started an inquiry, consulting also the European Data Protection Supervisor (EDPS). The Ombudsman considered that " The Commission's interpretation appeared to exclude from the scope of "controller" in Article 14(1)(b) public authorities and bodies which do not constitute "competitive public-law enterprises" (cf. remarks in point 1.5 above), notwithstanding the explicit reference to "public authority" in Article 2(d) of the Directive, and despite the fact that the text of Article 14(1)(b) does not make any such distinction." Therefore the Ombudsman asked the Commission to review its interpretation of the Directive.

    The European Commission accepted the proposal and "decided to undertake a renewed legal analysis of the case and of its own interpretation of Article 14(1)(b) of the Data Protection Directive in light of the arguments put forward by the complainant and by the Ombudsman." Also the Commission stated that it would address the issue with the Member States in order to improve national legislation in the field of data protection

    Ombudsman welcomes Commission move towards better data protection (26.06.2006)
    http://europa.eu/rapid/pressReleasesAction.do?reference=EO/06/14&f...

    Decision of the European Ombudsman on complaint 2467/2004/PB against the European Commission (9.06.2006)
    http://www.ombudsman.europa.eu/decision/en/042467.htm

Agenda

    16 - 28 July 2006, Oxford, UK
    Annenberg/Oxford Summer Institute: Global Media Policy: Technology and New Themes in Media Regulation
    http://www.pgcs.asc.upenn.edu/events/ox06/index.php

    2-4 August 2006, Bregenz, Austria
    2nd International Workshop on Electronic Voting 2006
    http://www.e-voting.cc/stories/1246056/

    3 August 2006 , Prague, Czech Republic
    Travelers privacy and EU - One day seminar organized by Iuridicum Remedium, providing a space for privacy experts to meet Czech officials to discuss passports, biometrics, RFID, PNR deal and other issues related to privacy risks possibly encountered by travellers in the EU.
    http://www.bigbrotherawards.cz/en/index.html

    14 August 2006, London, UK
    Scrambling for Safety 8
    Discussions on the two current Home Office RIPA consultations (on government access to decryption keys and the code of practice for government access to phone/Internet usage data).
    http://dooooooom.blogspot.com/2006/07/public-meeting-on-ripa-consultat...

    2-4 September 2006, Jerusalem, Israel
    NATO Advanced Research Workshop on Identity, Security and Democracy; Social, Ethical and Policy implications of Automated Systems for Human Identification organised by the Centre for Science, Society and Citizenship and the Israeli Center for the Study of Bioterrorism.
    http://www.biteproject.org

    7-8 September 2006, Munich, Germany
    1st Conference on Policy, Law and Economics of Intellectual Property - European Policy for Intellectual Property
    http://www.epip.eu/activities_conferences.php

    14-16 September 2006, Berlin, Germany
    Wizards of OS 4 Information Freedom Rules
    http://wizards-of-os.org/

versione stampabile | invia ad un amico | aggiungi un commento | apri un dibattito sul forum
©opyright :: Independent Media Center
Tutti i materiali presenti sul sito sono distribuiti sotto Creative Commons Attribution-ShareAlike 2.0.
All content is under Creative Commons Attribution-ShareAlike 2.0 .
.: Disclaimer :.

Questo sito gira su SF-Active 0.9