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Subject: EDRI-gram newsletter - Number 5.21, 7 November 2007
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EDRI-gram
biweekly newsletter about digital civil rights in Europe
Number 5.21, 7 November 2007
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Contents
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1. EDRI supports PI's comments on Google-Doubleclick merger 2. EU pushes for an international Anti-Counterfeiting Trade Agreement 3. EC plans to profile all passengers in and out EU 4. Putin wants control of Russian Internet 5. Whois privacy problems not solved by ICANN 6. Government attempts of increased level of surveillance in Czech Republic 7. Open Document Format gains more support 8. Recommended Action 9. Recommended Reading 10. Agenda 11. About
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1. EDRI supports PI's comments on Google-Doubleclick merger ============================================================
European Digital Rights Initiative (EDRI) is supporting the letter Privacy International (PI) sent on 5 November 2007 asking the head of the European Commission DG Competition, Commissioner Kroes, to take the merger of Google-Doubleclick to the next phase. PI argues that the merger could have serious implications for privacy innovation in advertising.
The letter explains the problems that the merger could bring to the online advertising market: "Google's purchase of Doubleclick is particularly worrying because it is a significant consolidation in this domain and we worry that this very competition to provide high-quality privacy practices will dissipate. Google's dominant position in the search marketplace will be compounded by Doubleclick's dominant position in online profiling, leading to a potentially abusive situation for the protection of privacy. If the merger is approved, then Google's dominant service will transform radically from one with a search advertising function into one that collects both searches and browsing habits of users. "
PI showed how the decision could influence privacy of the Internet users if the merger is approved :
"Privacy innovation could suffer under the merger as the two largest online databases come together. Other companies will have to compete against this massive entity and we worry it will lead to a race to the bottom for privacy protection. (...) Little is actually known about how all these companies protect their customers' data, even though they must do so in accordance with European privacy laws. (...)We know little about how firms make use of this data.
Google promises that it does not yet create online user profiles, but it is purchasing a firm that is renowned for the depth and extent of its online user profiles. We need strong and enforceable assurances that profiles will not be developed and enhanced through this merger."
BEUC, the Consumer's Organization, as well as the Data Protection Commissioner of the German state of Shleswig-Holstein, Thilo Weichert, have publicly opposed the Google-Doubleclick deal. However, Commissioner Kroes announced on 15 October: "We are looking at the influence on competition and that's it." The new deadline for the enquiry has been set for 13 November 2007.
PI Comments on Google-Doubleclick Merger to the European Commission
(5.11.2007)
http://www.privacyinternational.org/article.shtml?cmd[347]=x-347-558328
EU review of Google bid won't cover privacy issue (15.10.2007) http://business.guardian.co.uk/story/0,,2191128,00.html
BEUC expresses concern over DoubleClick acquisition by Google (18.07.2007) http://www.edri.org/edrigram/number5.14/beuc-doubleclick-google
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2. EU pushes for an international Anti-Counterfeiting Trade Agreement ============================================================
A recent statement from the European Commission reveals that it has started negotiations with US, Japan, Korea, Mexico and New Zealand to create an international treaty on counterfeiting - Anti Counterfeiting Trade Agreement (ACTA), despite the absence of any independent data on the topic.
The European Commission is looking for a mandate from the European Member States to proceed in this endeavour, but the ball is already rolling, taking into consideration the almost simultaneous press statements from the US Trade Representative and Canada's Minister of International Trade as well.
But "while the claims regularly focus on health and safety risks or suggestions that organized crime or terrorist groups benefit from counterfeiting, the reality is that the policy prescription typically includes a range of issues that have little to do with those issues", as Michael Geist puts it.
Even though the OECD estimates the losses of the international trade are 3-4 times lower than the ones the industry has so heavily promoted, the big states still have their ears open to the industry lobbists' claims.
EU announces that the new ACTA should build the international cooperation leading to harmonised standards and a better communication between authorities and should establish common enforcement practices to promote strong intellectual property protection in coordination with right holders and trading partners. Also it suggests "creating a strong modern legal framework which reflects the changing nature of intellectual property theft in the global economy, including the rise of easy-to-copy digital storage mediums and the increasing danger of health threats from counterfeit food and pharmaceutical drugs."
In fact, it seems that the negotiations have started since mid-2006 between the European Commission, Canada, US and Japan on such an agreement on counterfeiting. But ACTA aims higher. US Trade Representative Susan Schwab explained that the negotiations would "expand upon the enforcement standards of the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) and countries would be encouraged to comply with other international IPR agreements. The goal is to set a new, higher benchmark for enforcement that countries can join voluntarily."
Or, as Michael Geist better explains it: "This treaty could ultimately prove bigger than WIPO - without the constraints of consensus building, developing countries, and civil society groups, the ACTA could further reshape the IP landscape with tougher enforcement, stronger penalties, and a gradual eradication of the copyright and trademark balance."
European Commission seeks mandate to negotiate major new international anti- counterfeiting pact (23.10.2007)
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/07/1573
Is ACTA the New WIPO? (24.10.2007)
http://www.michaelgeist.ca/content/view/2318/125/
Top Economies To Negotiate Anti-Counterfeiting Trade Pact (24.10.2007) http://www.ip-watch.org/weblog/index.php?p=799&res=1024_ff&print=0
EDRI-gram: OECD finds the real piracy losses(23.05.2007) http://www.edri.org/edrigram/number5.10/oecd-piracy-loss
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3. EC plans to profile all passengers in and out EU ============================================================
The European Commission(EC) put forward on 6 November 2007 a PNR plan that is almost similar to the EU-USA PNR (Passenger Name Records) agreement. The EU PNR plan is part of a new package of proposals "aimed at improving the EU's capabilities in the fight against terrorism."
According to this proposal, EU will have to collect 19 pieces of personal data on air passengers coming into and leaving the EU space, including phone number, e-mail address, travel agent, full itinerary, billing data and baggage information. The information will be collected in analysis units that will make a "risk assessment" of the traveller, which could lead to the questioning or even refusal of the entry. The data is to be kept for five years and then another eight years in a "dormant" database.
"The availability of PNR data ... is necessary for the purpose of preventing and fighting terrorist offences and organised crime," is the reason expressed by the draft.
In October 2007, Justice Commissioner Franco Frattini told Parliament members that the creation of a PNR database was justified by the high level of terrorist risk for Europe. "The Union is at least as much a potential target of a terrorist attack as the United States, and the use and analysis of passenger name records is an important law enforcement tool to protect our citizens".
However, legal experts, human-rights groups and data-protection activists oppose this plan and find it a threat to privacy.
Tony Bunyan, editor of Statewatch stated: "This is yet another measure that places everyone under surveillance and makes everyone a "suspect" without any meaningful right to know how the data is used, how it is further processed and by whom [.] We have already got the mandatory taking of fingerprints for passports and ID cards and the mandatory storage of telecommunications data of every communication, now we are to have the mandatory logging of all travel in and out of the EU. The underlying rationale for each of the measures is the same - all are needed to tackle terrorism. Yet there is little evidence that the gathering of "mountain upon mountain" of data on the activities of every person in the EU makes a significant contribution. On the other hand, the use of this data for other purposes, now or in the future, will make the EU the most surveilled place in the world".
MEP Sophie in 't Veld has also made an appeal to the European Commission to make an analysis of the situation in USA and Canada in order to verify the effectiveness of such a system before taking any decision on a similar system in Europe. "EU counter-terrorism policies must be regularly assessed on their effectiveness.their impact on reducing the threat and increasing security, on improving cooperation and exchange between countries and agencies, as well as an evaluation of the cumulative impact of individual measures on privacy and civil liberties," she stated.
The Commission's proposal for EU PNR is proposed as a Framework Decision meaning that the European Parliament is only consulted and its opinion can be ignored as it happens on a regular basis. The European Council can, in its secret working parties, change at will this legislative proposal.
Another question raised is why 2004 Directive on the collection of API (Advance Passenger Information), meant to be applied by all member States by September 2006, is not enough in supporting the fight against terrorism and is not yet applied. The API data is more limited including only name, nationality, passport number, date of birth and the details related to the flight.
The proposal did not take into consideration the opinions of EU's Article 29 Data Protection Working Party which, during the consultation period concluded that they "have not seen any information presented by the Commission that would substantiate the pressing need to process PNR data for the purpose of preventing and fighting terrorism and related crimes or law enforcement". They also stated that "Bulk transfer of personal data, which would include unsuspected travellers to other authorities would be disproportionate, as data may only be provided to an authority if necessary for a given purpose".
Concerning data protection, the draft proposal has in view the Council Framework Decision on the protection of data for police and judicial cooperation that should apply to the proposed PNR scheme as well. However, the decision has not been adopted and offers very little protection to individuals. The decision ignored the opinions of the European Parliament, the European Data Protection Supervisor, and the EU's Article 29 Data Protection Working Party and allows the personal data exchange with third states such as USA.
On the other hand, the draft makes no reference to 1995 EC Directive on data protection covering the collection of PNR data by the airlines.
PNR (passenger name record) scheme proposed to place under surveillance all travel in and out of the EU (1.11.2007) http://www.statewatch.org/news/2007/nov/01eu-pnr.htm
Draft Framework Decison on the use of PNR data (22.10.2007) http://www.statewatch.org/news/2007/oct/eu-com-pnr-proposal.pdf
EU plans anti-terror screening for air passengers (5.11.2007)
http://www.euractiv.com/en/transport/eu-plans-anti-terror-screening-air-passengers/article-168103
EU plans to collect personal data on air passengers (4.11.2007)
http://www.reuters.com/article/asiaTopNews/idUSIndia-30328920071104
Fight Against Terrorism: stepping up Europe's capability to protect citizens against the threat of terrorism (6.11.2007) http://europa.eu/rapid/pressReleasesAction.do?reference=IP/07/1649&format=HTML&aged=0&language=EN&guiLanguage=en
EDRI-gram Final agreements between EU and USA on PNR and SWIFT (4.07.2007) http://www.edri.org/edrigram/number5.13/eu-us-pnr-swift
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4. Putin wants control of Russian Internet ============================================================
As the Internet use in Russia increases spectacularly, having tripled in the last three years, Putin' governance concentrates its efforts on getting control over the Russian Internet after having already gained much control over the traditional mass media.
Putin's allies and supporters have created blogs and news sources to flood the Internet with messages favourable to the present political power.
During a national broadcast live on TV and Radio in October 2007, Putin tackled the issue of Internet censorship. "Naturally, in this sphere, as in other spheres, we should be thinking about adhering to Russian laws, about making sure that child pornography is not distributed, that financial crimes are not committed" said Putin.
Besides numerous pro-government blogs, several already established online outlets have been bought by Putin's allies with the purpose to create a network to disseminat propaganda and to control the online information.
Such a publication is Gazeta.ru, the most respected online newspaper which was sold in December to a metals magnate loyal to Putin. Russian officials have also been looking for the possibility of establishing a separate Internet within Russia that would serve their purposes.
The reaction of the Kremlin power comes to counterpart situation as the one having occurred in 2004 when, due to concentrated efforts of uncensored blogs and on-line publications, a popular uprising in Ukraine provoked the revoking of the vote for a pro-Moscow candidate in the presidential elections.
In April 2007, when an opposition movement held a march in Moscow, blogger Pavel Danilin, a Putin supporter, together with his team, started blogging about a smaller pro-Kremlin march being held the same day. They blogged so much, and linked to each other so effectively, that they crowded out all the items about the opposition march from the very influential top-five blog post listing on the Yandex Web portal.
Prosecutors have also started focussing on Internet chat sites, blogs and postings in order to charge the users that criticize Putin or other officials. However, the federal officials deny any campaign to control the Internet. "Personally, I am against developing and adopting a special law that would regulate the Internet," declared Leonid Reiman, Minister of IT&C.
"The Internet has been always developing as a free medium, and it should remain as such" he added.
Despite the officials' statements, in July 2007, Putin already announced his plans to create a global information technology powerhouse network, a statement that was interpreted by the mass media as an attempt from his part to establish a controlled network separated from the current Internet which is organised by ICANN. According to Wolfgang Kleinwaechter, special adviser to the chairmen of the Internet Governance Forum, some Russian officials are thinking of a separate Internet, with Cyrillic domain names, taking the example of China.
Kremlin Seeks To Extend Its Reach in Cyberspace (28.10.2007) http://www.washingtonpost.com/wp-dyn/content/article/2007/10/27/AR2007102701384.html
Putin tightens his grip on Russia's internet (29.10.2007) http://www.theregister.co.uk/2007/10/29/putin_censors_internet/
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5. Whois privacy problems not solved by ICANN ============================================================
ICANN meeting that took place last week (29 October - 2 November 2007) in Los Angeles was expected to decide on the WHOIS database privacy problems.
But unfortunately the decision taken was just to make further studies on the matter, despite the already seven years of discussions on this topic.
The need for WHOIS reform has been a hot topic for some years in the civil society and some ICANN structures. An EPIC & NGO Letter to ICANN Board on Need for Whois Reform sent on 30 October 2007 asks "for changes to WHOIS services that would protect the privacy of individuals, specifically the removal of registrants' contact information from the publicly accessible WHOIS database."
The letter explains that the "current ICANN WHOIS policy conflicts with national privacy laws, including the EU Data Protection Directive, which requires the establishment of a legal framework to ensure that when personal information is collected, it is used only for its intended purpose. As personal information in the directory is used for other purposes and ICANN's policy keeps the information public and anonymously accessible, the database could be found illegal according to many national privacy and data protection laws including the European Data Protection Directive, European data protection laws and legislation in Canada and Australia." Moreover, it points to the Article 29 Working Party's opinion that underlines that "in its current form the WHOIS database does not take account of the data protection and privacy rights".
The NGOs supported Final Outcomes Report recently published by the WHOIS Working Group that "accepted the Operational Point of Contact (OPoC) proposal as a starting point, and the best option to date. The OPoC proposal would replace publicly available registrant contact information with an intermediate contact responsible for relaying messages to the registrant."
The public letter accepted the fact that the WHOIS Working Group proposal was a workable framework and not a perfect one, recommending "a distinction between commercial and non-commercial domains."
But the proposal was rejected by the ICANN, as well as another proposal that would have allowed domain name registration companies to stop making the data available through WHOIS. Instead, the ICANN decided to ask for further studies, that will be identified by the The Generic Names Supporting Organization (GNSO) Council until 15 February 2007.
The move was seen as a new delay after seven years of discussions. Ross Rader from the GNSO said to AP: "We've had seven years of study on this issue... what has not been answered is what are the specific questions we want answers to. From my perspective, further, broad, open study is just a way for (opponents) to say you don't have enough votes to change the status quo."
The lack of a concrete decision from GNSO meant a renewal of a call for a procedure to allow exemptions from ICANN standard contractual obligations for WHOIS. ICANN's Government Advisory Committee (GAC) said "uniform process" among governments was not to be expected and the specific cases should just be referred to national authorities in order to come to a procedure for the respective registries and registrars.
EPIC & NGO Letter to ICANN Board on Need for Whois Reform (30.10.2007) http://ipjustice.org/wp/2007/10/30/epic-ngo-letter-to-icann-board-on-need-for-whois-reform/
Whois Studies Approved, Privacy Deferred (31.10.2007) http://ap.google.com/article/ALeqM5hCiHLmZiymo5BhARlugPCaGcTsUQD8SKFC680
Faced with clamor for WHOIS reform, ICANN votes to study the issue more
(31.10.2007)
http://arstechnica.com/news.ars/post/20071031-faced-with-whois-reform-icann-votes-to-study-the-issue-some-more.html
Whois reform: ICANN says let's run more tests (1.11.2007) http://www.theregister.co.uk/2007/11/01/whois_reform/
Change Of Leadership At ICANN As Cerf Makes Way For IP Expert (4.11.2007) http://www.ip-watch.org/weblog/index.php?p=807&res=&res=1024_ff&print=0
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6. Government attempts of increased level of surveillance in Czech Republic ============================================================
The Czech Interior Ministry introduced in October 2007 a new National Action Plan to Combat Terrorism that would increase the access of the police and intelligence authorities to personal data, under the pretext of the protection against terrorism.
The Czech Ministry of Interior has introduced a similar plan every year since 2002 - in 2005 it actually won the Czech Big Brother Award for it - which, until now, has been rejected by the Parliament. The Plan of Action is meant to be used to draft legislation allowing police and other agencies to have access to emails and to wiretap without following any court procedures.
"According to the current legal regulations, in order to perform certain actions it is necessary that security bodies meet a number of requirements and conditions, the existence of which is unquestionable," stated Vladimír Repka, spokesman for the Interior Ministry.
As compared to the plan proposed last year, this year's plan seems to have a much more ambiguous wording that " it is actually very difficult to argue against it" says privacy expert Filip Pospísil from the EDRI-member Czech NGO Iuridicum Remedium. According to him, the plan is inspired from the US Patriot Act that that give the US police authorities direct access to personal data.
Presently, in Czech Republic, the interception of emails and wiretapping can be done only by a court order that is valid for up to six months. "They want to have the power just to call the judge and then to get written approval later" said Pospísil.
What the Interior Ministry also wants is to force financial institutions and private Internet providers to pass on clients' information to security agencies as well as to eliminate anonymous phone cards.
In Pospísil's opinion, the present plan is meant as a test to check out on the position of the policy makers and of the public as anyway, even if approved by the government, the plan has no value if it is not passed by the Parliament. "I think it's just a kind of test by the Interior Ministry and other intelligence services to test the willingness of the public and its representatives to exchange some privacy for promises of improved security,"
he said.
Privacy International has issued reports on the situation in the Czech Republic showing concern on the increase of the government attempts to legalise wiretapping, to create a central database from the separate databases of the security agencies as well as on the high level of video surveillance in the country, unrestricted by law.
Hana Stepánková, the spokeswoman of the Office of Personal Data Protection, which is responsible for enforcing the country's privacy laws, stated that the office lawyers are presently studying the proposal.
The draft plan may receive comments from the public until the end of October but there is no guarantee that the Interior Ministry will take any comments into consideration.
Ministry seeks approval for terror law (24.10.2007) http://www.praguepost.com/articles/2007/10/24/ministry-seeks-approval-for-terror-law
EDRI-gram: Big Brother Awards presented in 4 countries (3.11.2007) http://www.edri.org/edrigram/number3.22/BBA
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7. Open Document Format gains more support ============================================================
The first international workshop of Open Document Format (ODF) public sector users took place in Berlin on 29-30 October 2007, hosted by the Foreign Office of the Federal Republic of Germany.
The position of the German Foreign Office, as host of the event, was made very clear. The Federal Foreign Minister Frank-Walter Steinmeier, in his opening word, called ODF "a completely open and ISO-standardized format", considering it an "excellent basis" for "a free exchange of knowledge and information in a time of globalization". The Foreign Office has already linked its foreign missions in a network using open-source programs and shifted to OpenOffice and Linux operation systems on their laptops and has in view to extend this program to all diplomatic workstations by the middle of 2008.
According to Florian Schießl of the LiMux Project Office of Munich, where a migration to Linux is in progress, the ODF is a good tool in reducing the large range of templates and macros in the municipal government and in creating more uniform file management standards. The municipal administration of Freiburg will also implement a project for the migration of 2000 workstations from Microsoft Office 2000 to OpenOffice, relying in the future solely on ODF and PDF. ODF will also be adopted as the standard file format by all agencies and departments of Schwäbisch-Hall as Horst Bräuner, IT director, stated.
Germany is not the only country in favour of ODF. As expressed by Gavin Beckett of the city administration of Bristol, UK, a migration to Sun Microsystems's StarOffice is currently in progress in the city administrative offices. Mr. Beckett pointed out that the difficulty in the development of the progress is the inertia and habit of the office employees having been used Microsoft operation system for many years. "The point is to overcome deeply ingrained modes of behavior," he stated.
Brazil and India are also leaders in the use of open standards in the office area. Deivi Kuhn of Serpro, a company coordinating the use of open source in Brazil, declared that ODF standard adopted by the International Organization for Standardization, a good tool providing both access to knowledge and ensuring user freedoms, was mandatory for e-government state interoperability standards. In India, in the federal state of Assam, PCs with Linux and OpenOffice were given to students and the migration to open source software was in progress in government offices.
German Foreign Office comes out in favor of Open Document Format
(30.10.2007)
http://www.heise.de/english/newsticker/news/98208
ODF Workshop (29-30.10.2007)
http://www.odfworkshop.org/
EDRI-gram: OOXML - negative vote at International Organization for Standardization (12.09.2007) http://www.edri.org/edrigram/number5.17/ooxml-rejected-iso
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8. Recommended Action
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Privacy International in a coalition with over 50 other organisations from around the world, including EDRI, is in the process of appealing for the imminent implementation of the Immigration Control and Refugee Recognition Act by the Japan's Ministry of Justice. The act will make fingerprint and face-scan compulsory for Japan's visitors and foreign residents. The campaign will be launched later this week.
If any organisation wants to endorse this privacy campaign, please contact as soon as possible Gus Hosein - Privacy International - gus at privacy.org.
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9. Recommended Reading
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Big Brother Eyes German Journalists
http://www.spiegel.de/international/germany/0%2C1518%2C514872%2C00.html
ENISA Position Paper : Security Issues and Recommendations for Online Social Networks (25.10.2007) Social Networking is like a 'digital cocktail party': a powerful mixture of human social instincts and web 2.0 technology which is revolutionising the Internet. In this position paper, ENISA emphasises the many benefits of Social Networking but identifies 14 important threats. This leads to 17 recommendations on how Social Networking can be made safer.
http://www.enisa.europa.eu/doc/pdf/deliverables/enisa_pp_social_networks.pdf
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10. Agenda
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9 November 2007, St. Gallen, Switzerland Big Brother Awards Switzerland http://bigbrotherawards.ch/
11 November 2007, Rio de Janeiro, Brazil
GigaNet'07 - Global Internet Governance Academic Network 2nd Annual Symposium http://www.igloo.org/giganet
12-15 November 2007, Rio de Janeiro, Brazil The Government of Brazil will host the second Internet Governance Forum meeting.
http://www.intgovforum.org/
http://cgi.br/igf/
15-16 November 2007, Lisbon, Portugal
On RFID: The Next step to the Internet of Things http://www.rfid-outlook.pt/
16-18 November 2007, Munich, Germany
20 years of grassroot networks - 20 years /Cl-Network in Germany Congress on Networking of alternative media, privacy, environment, anti-nuclear, antifascism, peace and human rights http://www.cl-netz.de/cl-netz/20-jahre-datennetze-von-unten-20-jahre-cl-netz
21 November 2007, London, UK
Privacy enhancing technologies: How to create a trusted information society http://www.petsfinebalance.com/index.php
29-30 November 2007, Skopje, Macedonia
The International Conference e-Society.Mk on inclusive e-Government http://www.e-society.org.mk
3-4 December 2007, Bonn, Germany
Network Neutrality - Implications for Europe http://www.wik.org/content/netneutrality_main.htm
4-5 December 2007, Rome, Italy
First QualiPSo Conference - Fostering trust and quality of Open Source Software systems
http://www.qualipso.org/index.php?option=com_content&task=view&id=63&Itemid=64
5-7 December 2007, Pisa, Italy
Second DELOS Conference on Digital Libraries
http://www.delos.info/index.php?option=com_content&task=view&id=606&Itemid=337
17 January 2008, London, UK
Nanotechnology for security and the crime prevention III http://www.nano.org.uk/events/ionevents.htm#security
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11. About
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EDRI-gram is a biweekly newsletter about digital civil rights in Europe.
Currently EDRI has 28 members based or with offices in 17 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-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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