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Today's Topics:
1. EDRI-gram newsletter - Number 4.3, 15 February 2006
(EDRI-gram newsletter)
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Subject: EDRI-gram newsletter - Number 4.3, 15 February 2006
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============================================================
EDRI-gram
biweekly newsletter about digital civil rights in Europe
Number 4.3, 15 February 2006
============================================================
Contents
============================================================
EDRI-gram in Macedonian
1.Government communication illegally wiretapped in Greece
2. European Commission starts antitrust procedure against CISAC
3. Dispute over data retention costs in Czech Republic
4. French Big Brother Awards 2006
5. Worldwide overview of freedom of information laws
6. No private copy for DVD in France?
7. DVD circumvention device released in Ireland
8. Civil Rights and Consumer Protection in ICANN's policies
9. Recommended reading
10. Recommended action : European Commission Consultation on IPv6
11. Agenda
12. About
============================================================
EDRI-gram in Macedonian
============================================================
Starting with February 2006, part of EDRI-gram will be available in
Macedonian, a few days after the English edition. The translation is done by
the NGO Metamorphosis, which is also an EDRI-member. Some of the articles
from the previous EDRI-gram 4.2 are already available online at
http://www.metamorphosis.org.mk/index.php?option=com_content&task=view&id=62
6&Itemid=4&lang=mk
============================================================
1.Government communication illegally wiretapped in Greece
============================================================
Over a 100 phone numbers of Greek Government officials were illegally
wiretapped for 11 months, during and after the 2004 Olympic games. This
was confirmed on 2 February 2006 by three ministers during the daily
Greek government press conference.
The illegal wiretaps were discovered in March 2005 during a
routine control at Vodafone, one of the main mobile providers in Greece.
Those under surveillance included the Prime Minister, many ministers, the
police, army and intelligence heads and headquarters, along with left wing
political activists, journalists, and lawyers. The system was deactivated
by the mobile operator too soon to trace the perpetrators, yet their
approximate location was interpreted by some in the media as being
suspiciously close to the US embassy in Athens.
The events received world-wide coverage yet most news agencies
failed to highlight the technology policy implications of the affair. The
illegal wiretaps used the "lawful interception subsystems" present in most
telecommunication equipment that security services and law enforcement to
listen to a live copy of every call. The perpetrators managed to bypass the
authorisation mechanisms by technical means or or, more likely, by using an
insider, then installed software on the control computers of Vodafone that
redirected the monitored calls to a group of "shadow" pre-paid mobile
phones, from which the conversations could be listened to and recorded.
Traffic data including the location of the handsets under surveillance may
also have been collected.
These interception interfaces first came to light in 2001, when
they were standardised by the European Telecommunications Standard
Institute (ETSI). Many specialists predicted that "surveillance by
design" would introduce a systemic vulnerability into the communication
infrastructure that would in time be inevitably abused. The Greek case
confirms this grim prediction, yet no word has been spoken about reversing
this trend.
The matter is now being investigated by the Greek justice, but polls reveal
that many people are pessimistic about ever finding the perpetrators and are
distrustful of the overall state of mobile phone privacy. The government is
wary of blaming Vodafone for the security breach. If the operator had not
raised the alarm no one would have ever known about the illegal wiretapping,
the minister of Interior admitted.
The independent authority whose job it is to preserve the confidentiality of
communications learnt of the case at the same time the journalists were
briefed, nearly a year after the discovery and the deactivation of the
monitoring operation. So far the response of the government has
been to look at strengthening the legal apparatus to protect citizens
against illegal wiretapping, without considering any of the technical
telecommunication security options. As a Greek journalist remarked during
a press conference, the current, already modern and sophisticated, legal
apparatus seems to have failed at each and every stage.
Some translations of the Greek ministers' press conferences with a focus
on technical details
http://homes.esat.kuleuven.be/~gdanezis/intercept.html
Some technical manuals of the Interception Management Systems and AXEs
from Ericsson (similar to the equipment used by Vodafone)
http://www.quintessenz.at/cgi-bin/index?id=000100003502
http://www.wedophones.com/EricssonManualsLead.htm
Greek Government Press Briefing (Greek only, 2.02.2006)
http://www.hri.org/news/greek/kyber/2006/06-02-02.kyber.html
Wiretaps of phones and ministers (Greek only, 2.02.2006)
http://ta-nea.dolnet.gr/print_article.php?e=A&f=18454&m=N01&aa=0
Athens Olympics phone tapping revealed (3.02.2006)
http://www.guardian.co.uk/international/story/0,,1701218,00.html
The ETSI Interception Dossiers (27.03.2001)
http://cryptome.org/etsi-intercept.htm
ETSI Lawful Interception Summary
http://portal.etsi.org/li/Summary.asp
The masts betrayed the bugs (Greek only, 13.02.2006)
http://ta-nea.dolnet.gr/print_article.php?e=A&f=18463&m=N08&aa=1
Press Release - Authority for the assurance of the confidentiality of
communications (ADAE) (Greek only, 6.02.2006)
http://www.adae.gr/adae/viewarticle.html?langid=el&articleid=73
(Contribution by Dr George Danezis from Katholieke Universiteit Leuven)
============================================================
2. European Commission starts antitrust procedure against CISAC
============================================================
The European Commission has decided to open formal proceedings against the
International Confederation of Societies of Authors and Composers (CISAC)
and its individual national members and has sent them a Statement of
Objections, as a first step in antitrust investigations
The Commission objects to parts of the contracts closed amongst
national authors and composers societies. Bilaterally the societies
close agreements on internet, satellite and cable transmissions.
The Commission is concerned that the royalty collectors are trying, by
various methods, to ensure that each of them maintain exclusive access to
broadcast royalties in the countries they operate. This might infringe on
the prohibition of restrictive business practices in the EC Treaty.
The occurrence of a network between the collecting societies by means of
these interlocking agreements ensures the collective societies a monopoly on
their domestic markets and prevent the new entrants from getting into the
copyright management market.
The contracts also include membership restrictions obliging the authors to
transfer their rights only to their own national collecting society as well
as territorial restrictions obliging the commercial users to get a license
only from the domestic collection society, limited to the domestic
territory.
CISAC has two months to present its defence in writing.
The procedure looks like a logical follow-up to the decision in 2005 to
create one European internet rights clearinghouse for internet content
providers. The Commission concluded that the current territorial system
"is a source of considerable inefficiency" and proposed a serious reform.
Following these actions the Belgian and Dutch music copyright collecting
societies, SABAM and BUMA, announced last year their intention to drop their
claims of national exclusivity on the licensing of online rights.
Competition: Commission sends Statement of Objections to the International
Confederation of Societies of Authors and Composers (CISAC) and its EEA
members (07.02.2006)
http://europa.eu.int/rapid/pressReleasesAction.do?reference=MEMO/06/63
EC marks copyright monopoly's cards (09.02.2006)
http://www.theregister.co.uk/2006/02/09/ec_probes_cisac/
EDRI -gram NL and BE collecting societies to drop national exclusivity
(24.08.2005)
http://www.edri.org/edrigram/number3.17/onlinemusic
EDRI-gram: Music: commission wants 1 internet clearing house (14.07.2005)
http://www.edri.org/issues/copyright/collecting
============================================================
3. Dispute over data retention costs in Czech Republic
============================================================
The Czech authorities are currently in a debate with telecommunication
companies over the exact amounts they will have to pay to reimburse the
costs related to the new data retention legislation that came into force at
the middle of the last year. The Czech republic already adopted data
retention legislation in the middle of 2005, in anticipation of new EU
legislation. It stipulates a maximum period of data retention for 12 months.
An ordinance of the Czech telecommunication authority (CTZ) established, in
the middle of December 2005, the minimum retention period of 3-6 months for
different types of data. The special CTZ ordinance stipulates the price of
each "service" of transmitting data from the operators to the Czech police
and the other security agencies.
According to a report on the popular TV station Nova, the Czech police owed
around 300 million Czech Crowns (approx. 10 million Euro) to the operators
for their services related to tapping and transmitting telecommunication
data for the for the last 6 months of 2005. In addition to that sum Pravo
Daily reported that the counterintelligence service (BIS) owed the operators
18 million Czech Crowns (approx. 0.6 million Euro) for tapping the
conversation during the same period. Spokesmen of the Czech police and BIS
refused to present the exact amounts currently under discussion with the
operators. "It is not only about payments for services but also
reimbursements of necessary investments are discussed," said Jan Subert,
spokesman of BIS. "BIS will probably pay some millions in the next few years
for investments and the payments for services will not exceed hundreds of
millions," predicted Subert. According to Jakub Hrabovsk}, spokesman of
telephony operator Vodafone negotiations will be concluded by the end of
March.
More information about this dispute (Czech only)
http://www.iure.org
Czech Telecommunication Office
http://www.ctu.cz/main.php?pageid=178
(Contribution by Filip Pospmsil, EDRi-member Iuridicum Remedium - Czech
Republic)
============================================================
4. French Big Brother Awards 2006
============================================================
The 6th edition of the French Big Brother Awards taking place in Paris on 3
February has chosen the following in the 5 different award sections, for
causing the most damage to personal privacy.
The Orwell Award for State official - the winner was Jean-Michel Charpin,
Directeur de l'Insee (INES) for his participation in the INES project
(Electronically Secured National Identity card). By this project he created
a direct link to the Ministry of Interior Affairs ignoring the separation
between population statistics and police administration. The card will
include two biometric identifyers on a RFID chip.
The section for enterprises was won by Lidl (at close range to Carrefour)
for having installed 65 video cameras for the surveillance of 60 employees
in a store. The company has had similar policies in other countries as well.
The local Orwell Award went toArmand Deprez, the director of the
Joliot-Curoe college of Carqueiranne. He enforced a rule to obtain
fingerprints of all students. Fingerprints are necessary to enter the school
canteen, thus enabling total surveillance of the students eating behaviour.
This was necessary for "absolute transparency" as he said it.He also put the
student grades online, for parents to control, and implemented an SMS system
to inform the students they were late for classes.
The award of lifetime achievement was unanimously awarded to minister
Nicolas Sarkozy for having created an environment of fear, for having
weakened the justice's power while increasing that of the police, for having
violated the information law and freedom with the spam for UMP, for having
extended video-surveillance and cyber-surveillance and police access to
administrative files with his third anti-terrorist law, for asking for the
expel of people with no papers including minors, for having encouraged the
fear of police forces.
The positive Voltaire award was won by Le Collectif National Unitaire de
Resistance a la Delation (The National Unitary Team of Resistance to
Denunciation) which had continued for their 3 year fight against the law on
'crime prevention' meant to be adopted next year which obliges educators and
social workers to denounce families and individuals showing "a risk".
Press Release Big Brother Awards France (4.02.2006)
http://www.bigbrotherawards.eu.org/article.php3?id_article=582#winnerz
============================================================
5. Worldwide overview of freedom of information laws
============================================================
Roger Vleugels, an independent Netherlands-based legal consultant, published
on 1 February, with the help of the Freedom of Information Advocates
network, a very comprehensive overview of the situation of of freedom of
information laws all over the world.
The document offers a complete image of the adoption of FOI laws in the
world and is structured into 5 lists of countries.
A first list (A) covers the 68 countries where FOI laws has been approved or
adopted and provides the formal adoption dates, the dates for entering into
force as well as the name of the law. The countries are listed in
chronological order of adoption, in alphabetical order as well as grouped on
continents.
List B is a list of countries where FOI law is either not yet in power or is
pending and list C is a list of countries where nothing has been done in
this direction.
The last list (Z) is a list with countries where the author considers FOI
laws is applied only in name. In the EU there are three countries still
lacking formal access to information legislation: Cyprus, Luxemburg and
Malta. Besides, the situation in some mini states is unclear: Andorra,
Monaco, San Marino and the Vatican.
The latest news regarding the application of of access to information in
Europe stems from Germany, where a federal FOI law
(Informations-freiheitsgesetz [IFG]) came into force on 1 January 2006
(previously there were in power FOI laws in 4 out of 16 German regions
(Bundesldnder)) and in Macedonia where a brand new FOI law will come into
power June 2006.
Mr. Vleugels expressed his intention of updating the lists once or twice a
year and welcomes any comments and corrections.
Overview of FOIA Countries Worldwide (1.02.2006)
'The Fringe'- monthly e-mail newslettter from the Dutch legal advisor FOI
Roger Vleugels. For subscription send mail to [log in to unmask]
(contribution of 24 euro per individual per year).
EDRI-gram : Freedom of information in Germany and the UK (29.05.2005)
http://www.edri.org/edrigram/number3.13/FOI
EDRI-gram : Freedom of Information Act in Macedonia (19.01.2006)
http://www.edri.org/edrigram/number4.1/macedoniafoia
============================================================
6. No private copy for DVD in France?
============================================================
According to information published by the newspaper Les Echos a working
document of the Ministry of Culture on the draft copyright law excludes the
DVD from the private copy exception.
Representatives of the industry such as SEV (The Audio Edition Union)
consider such an approach will only acknowledge a reality. As Jean-Yves
Mirski, general delegate of SEV put it + for the DVD sold in the commerce
equipped with anti-copying systems, the notion of the private copy (which is
not a right but an exception) is not applied."
On the other hand consumers associations such as UFC-Que Choisir think the
draft law also threatens the private copy of CDs and the legal downloading
of files. Mr. Dourgnon from UFC Que Choisir says the new law will create
confusion between the notion of the private copy and the exclusive copyright
of an author. The consumer will keep on paying for the private copy when
buying blank CDs and DVDs, while at the same time being restricted by DRM.
The debate follows a French court decision (in January 2006) protecting
the right to be able to read CDs on any device, in spite of any copy
protection. (See EDRI-gram 4.2)
This is not the first debate about the new draft copyright law that has
raised a lot of controversies after the adoption by the French National
Assembly of amendments that would legalise the exchange of music and video
files on the Internet, as private copies.
In order to stop criticicism about not having consulted opponents to
the draft law, the Minister of Culture will open a new debate website on 22
February 2006.
The Minister of Culture would like to forbid copying DVD (in French,
8.02.2006)
http://www.01net.com/editorial/304141/droit-d-auteur/le-ministere-de-la-cult
ure-souhaiterait-interdire-la-copie-de-dvd/
EDRI-gram : A CD should work on any device, says French court (2.02.2006)
http://www.edri.org/edrigram/number4.2/privatecopy
DADVSI : one official site for debate (in French, 10.02.2006)
http://www.ratiatum.com/news2845_DADVSI_un_site_officiel_pour_debattre.html
French Parliament is making the first step in legalising P2P (18.01.2006)
http://www.edri.org/edrigram/number4.1/frenchp2p
New French debating website (after 22.02.2006)
http://www.lestelechargements.com
============================================================
7. DVD circumvention device released in Ireland
============================================================
SlySoft, a company registered in Ireland, has released software that
allows users to convert their own DVDs to formats they can watch on
mobile phones, Playstation Portables, video iPods and similar devices.
This is one of the first examples seen in the wild of a "circumvention
device" which bypasses the copy restriction technology contained in the
DVD format - something that is illegal under the Irish law
transposing the European Union Copyright Directive of 2001.
Those publishing DVDs now have the right to sue SlySoft for copyright
infringement. Will they risk the bad publicity and possibility that
Irish courts might set a precedent not to their liking?
SlySoft Software
http://www.slysoft.com/en/clonedvd-mobile.html
Guide to the EU Copyright Directive
http://www.fipr.org/copyright/guide/
Irish copyright law
http://www.irishstatutebook.ie/ZZA28Y2000.html (s.370)
http://www.entemp.ie/publications/sis/2004/si16.pdf
(Contribution by EDRI board member Ian Brown)
============================================================
8. Civil Rights and Consumer Protection in ICANN's policies
============================================================
In a public call to action released on 13 February 2006, Annette Muehlberg,
European member of At-large Advisory Committee (ALAC) and co-chair network
new media asked for public support in building up a regional structure to
represent individual's interests and concerns.
The petition with the title "Help to strengthen Civil Rights and Consumer
Protection in ICANN's policies! " considers that:
"The question of how Internet Governance is shaped is one of the central
sociopolitical tasks of the coming years. It will be a matter of how
consumers and Internet users can become involved in the policy making of
ICANN.
There is, nevertheless, a civil society element in ICANN, the At-large
Advisory Committee (ALAC), composed to represent Internet users, five
regions in world each providing 3 representatives. At this point these
representatives are chosen by a nominating committee of ICANN. However,
the goal is that the current ALAC members build structures to foster
participation in their respective regions, and furthermore facilitate
the direct election of regional ALAC representatives.
This year, a European Regional At-Large Organisation (EU-RALO) will be
build, to facilitate the broadest possible participation of European
Internet users.
Current ICANN bylaws require organizational participants, who would like
to build up a regional structure, to represent individual's interests
and concerns. These organizations (or groups of people working on
internet users' issues) are, in ICANN's terms, "At-Large Structures"
(ALSes) and they form the so called "Regional At-Large Organisation" (RALO).
To reach the status of what ICANN refers to as an "At-Large Structure"
(ALS), has a few simple requisites and a questionnaire to be filled.
There are already a few European organizations that have become ALSes,
however, yet they are not representative for the diversity of European
Internet oriented Human rights and consumer protection organizations.
With a Regional At-Large Organisation, we want to work issue oriented
and influence ICANN's policies - with the profound knowledge of as many
as possible European internet related consumer protection and civil
rights organisations.
It would be helpful if you could use your individual and institutional
contacts in north, south, west and east Europe to solicit for an
inclusive civil society engagement and accrediting as At-large Structure."
The public call to action is open to signatures. It has already received
support from several German EDRI-members.
Help to strengthen Civil Rights and Consumer Protection in ICANN's policies!
(13.02.2006)
http://www.wecann.de/2006/help-to-strengthen-civil-rights-and-consumer-prote
ction-in-icanns-policies/
Wiki for discussion of the best possible structure of a European Regional
At-Large Organisation
http://www.wecann.net/ralowiki
Form to fill in order to get accredited to ALAC
http://alac.icann.org/correspondence/structures-app.htm
Form to fill in order to get accredited to ALAC (in Spanish and Italian)
http://alac.icann.org/framework.htm
(Thanks to Annette Muehlberg, EDRI-member Netzwerk Neue Medien - Germany)
============================================================
9. Recommended reading
============================================================
Introduction to Openness and Access to Information
The Danish Human Rights Institute has launched in cooperation with a number
of national and international partners a new Handbook: Introduction to
Openness and Access to Information. The Handbook elaborates on four
different areas of access to information: the public administration,
Ombudsman and National Human Rights Institutions, the judiciary and NGOs.
The book is meant to serve as a basis for debate and dialogue and as
background material for training and education.
Introduction to Openness and Access to Information is available at
http://www.humanrights.dk/upload/application/a99e42a1/accesstoinformation.pd
f
============================================================
10.Recommended action : European Commission Consultation on IPv6
============================================================
As the current generation of the internet will "run out of space" because of
its lack of addresses, IPv6 -the sixth version of the Internet Protocol-
will succeed and provide a wide range of addresses and services. It will
underpin the convergence process between fixed and mobile, as well as
between data, voice and video. With IPv6, addresses can be assigned to a new
breed of internet-capable devices -mobile phones, car navigation systems,
home appliances, industrial equipment and much more. All of these devices
can be linked together, constantly communicating wirelessly. After intense
developments and investments, first IPv6 deployments are happening at
European and global level. The European Commission is engaging in a process
of identifying the hurdles and triggers for IPv6 deployment and ultimately
to define policies moving forward its wide adoption. As part of this
process, a consultation on IPv6 evolution is now launched (closing date : 24
February 2006).
http://europa.eu.int/yourvoice/ipm/forms/dispatch?form=ConsultationIPv6
============================================================
11. Agenda
============================================================
15-17 February 2006, Malaga, Spain
Second Open Source World Conference
http://www.opensourceworldconference.com/malaga06/en/modules/wiwimod/
16-17 February 2006, Geneva, Switzerland
Consultation on convening Internet Governance Forum (IGF)
http://www.intgovforum.org/index.htm
20-24 February 2006, Geneva, Switzerland
Provisional Committee on Proposals Related to a WIPO Development Agenda:
First Session
http://www.wipo.int/meetings/en/details.jsp?meeting_id=9643
21-22 February 2006, Copenhagen, Denmark
Where to go from Tunis? Implementation of and follow-up to the World Summit
on the Information Society and the role of Civil Society in this process
http://www.una.dk/wsis
1-3 March 2006, Geneva, Switzerland
WIPO - Open Forum on the draft Substantive Patent Law Treaty (SPLT)
http://www.wipo.int/meetings/2006/scp_of_ge_06/en/
9 March 2006, Hannover, Germany
The RFID Revolution
To address the RFID challenges, and to launch a wide-ranging public debate,
the European Commission is organising a high-level Conference within the
CeBIT Fair (9-15 March, Hanover, Germany).
http://www.cebit.de/34733?x=1
20-21 March 2006, Brussels, Belgium
The Politics and Ideology of Intellectual Property
The TACD conference will provide an opportunity to stand back from specific
legislative proposals and consider the broader intellectual and
philosophical aspects of the debate.
http://www.tacd.org/docs/?id=286
29-30 March 2006, Brussels, Belgium
European Spectrum Management Conference 2006
http://www.epsilonevents.com/pdf/SPECTRUM%20BROCHURE.pdf
27-28 April 2006, Washington, USA
IP Disputes of the Future - TACD
This conference will ask what will be the IP disputes in new fields of
technology, and how advances in biotechnology and information technologies
will change the nature of IP disputes.
http://www.tacd.org/docs/?id=287
2-5 May 2006, Washington, USA
CFP2006
The Sixteenth Conference on Computers, Freedom & Privacy
http://www.cfp2006.org
2-4 August 2006, Bregenz, Austria,
2nd International Workshop on Electronic Voting 2006
Co-organized by Council of Europe (CoE) ESF: European Science
Foundation (ESF) within the project TED: Towards Electronic Democracy
International Federation of Integrated Processing, Working Group 8.5
Information Systems in Public Administration, Vienna University of
Economics and Business Administration. The deadline for contributing
papers is set on 24 February 2006. Students may apply for funds to
attend the workshop until 30 June 2006.
http://www.e-voting.cc/stories/1246056/
===========================================================
11. About
===========================================================
EDRI-gram is a biweekly newsletter about digital civil rights in Europe.
Currently EDRI has 21 members from 14 European countries and 5 observers
from 5 more countries (Italy, Ireland, Poland, Portugal and Slovenia).
European Digital Rights takes an active interest in developments in the EU
accession countries and wants to share knowledge and awareness through the
EDRI-grams. All contributions, suggestions for content, corrections or
agenda-tips are most welcome. Errors are corrected as soon as possible and
visibly on the EDRI website.
Except where otherwise noted, this newsletter is licensed under the
Creative Commons Attribution 2.0 License. See the full text at
http://creativecommons.org/licenses/by/2.0/
Newsletter editor: Bogdan Manolea <[log in to unmask]>
Information about EDRI and its members:
http://www.edri.org/
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