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Subject:

[CSL] EDRi-gram newsletter - Number 7.18, 23 September 2009

From:

Joanne Roberts <[log in to unmask]>

Reply-To:

Interdisciplinary academic study of Cyber Society <[log in to unmask]>

Date:

Wed, 23 Sep 2009 16:57:18 +0100

Content-Type:

text/plain

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Parts/Attachments

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From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of EDRI-gram newsletter
Sent: 23 September 2009 16:27
To: [log in to unmask]
Subject: EDRi-gram newsletter - Number 7.18, 23 September 2009

============================================================

            EDRi-gram

 biweekly newsletter about digital civil rights in Europe

     Number 7.18, 23 September 2009


============================================================
Contents
============================================================

1. "Freedom not Fear" 2009 - Protests Against the Surveillance Mania 2. Three strikes law version 2 - one step closer to adoption in France 3. MEPs ask for a new agreement on SWIFT bank data transfers to USA 4. Ambitious study published by Swedish EU Presidency 5. UK music industry shows divided opinions on cutting off p2p users 6. Macedonia: Activities for citizen education about their privacy rights 7. A human rights commissioner in the European Commission ?
8. EESC opinion on the impact of social networking sites on citizens 9. Secret IPR measures in EU - South Korea trade agreement 10. Civil society coalition discuss global privacy standards 11. Recommended Action 12. Recommended Reading 13. Agenda 14. About

============================================================
1. "Freedom not Fear" 2009 - Protests Against the Surveillance Mania ============================================================

On Saturday, 12 September 2009, civil liberties activists in many countries again took it to the streets under the motto "Freedom not Fear - Stop the Surveillance Mania". It was the second time these activities took place after the first international action day on 11 October 2008.

The biggest event was held in Berlin, where more than 25 000 people marched through the streets and applauded the speeches and the bands.
Frank Bsirske, chairman of the world's largest trade union ver.di, called for a comprehensive law for employee and workplace privacy protection. Patrick Breyer from the working Group against Data Retention (AK Vorrat), which again had initiated the protests, reminded participants of the democratic rallies and events of 1847 and 1989 and called for continuous resistance against the surveillance state. Other speakers included Franziska Heine from the Working Group against Censorship (AK Zensur), who had organized the most successful online petition ever to the German parliament against a recent German law that permits blocking of web sites by the federal police. The event sent a strong signal to the political parties and was widely reported in the context of the upcoming German federal election. At the end of the demonstration, activists from EDRi member Chaos Computer Club were able to film a police assault on a peaceful participant. Public pressure as a result of this has now led to an announcement of the Berlin police that all officers will get mandatory name badges in early 2010.

Other activities took place in Bulgaria, Finland, Italy, Macedonia, the Netherlands, Austria, Sweden, Switzerland, the Czech Republic, and the United Kingdom. Activists had organized a plethora of events, including a full week of activities in Prague; demonstrations in Amsterdam, Stockholm and Sofia; public teach-inns in Skopje (co-organized by EDRi member Metamorphosis), Milano, and Helsinki (co-organized by EDRi member EFFi); privacy parties and film screenings, and much more. Activists in Vienna (from EDRi member Vibe.at) reported such big interest from the population that they had to print 1000 more leaflets on the same day.
Outside of Europe, privacy activists in Guatemala joined the action day this year with a reading event from a new volume of fiction stories about surveillance, titled "stop the surveillance mania".

Overview of Freedom not Fear activities
http://wiki.vorratsdatenspeicherung.de/Freedom_Not_Fear_2009

Press center for the Berlin demonstration http://wiki.vorratsdatenspeicherung.de/Press_center

Report from activities in Skopje - EDRi-gram: Macedonia: Activities for citizen education about their privacy rights (23.09.2009)
http://www.edri.org/edri-gram/number7.18/macedonia-freedom-not-fear-2009

Report from activities in Vienna (only in German, 12.09.2009) http://www.heise.de/newsticker/foren/S-Bericht-FSA-Wien/forum-165693/msg-17357119/read/

International Action Day "Freedom not Fear" (11.10.2008) http://www.edri.org/edri-gram/number6.20/freedom-not-fear-international-day

(contribution by Ralf Bendrath, EDRi member Netzwerk Neue Medien)

============================================================
2. Three strikes law version 2 - one step closer to adoption in France ============================================================

On 15 September 2009, the French deputies adopted the amended version of the three strikes law (also known as Hadopi 2) by only 55% votes. A day after, the mixed paritary commission made of seven senators and seven deputies validated in its turn the version voted by the deputies.

Minister of Culture Frédéric Mitterrand announced after the adoption of the text that both Hadopi 1 and Hadopi 2 will be applied starting with the end of this year when he would also make his propositions for a third text, Hadopi 3.

Socialist deputy Patrick Bloche has reaffirmed the opposition's intention to appeal to the Constitutional Council to stop the text as it happened in June with the first version of the law, Hadopi 1. "We vigorously contest the creation of a sanction for negligence which flagrantly violates the principle according to which someone can be judged only for his (her) acts"
said the deputy.

"The HADOPI is a disturbing step towards the control of information circulating on the Internet by economic and political actors. All seem to agree now to stifle this great space of expression and freedom that we, as citizens, must protect," stated Jeremie Zimmermann, spokesperson for La Quadrature du Net. In La Quadrature du Net's opinion, "this legal text severely put into question the Republican values which are the presumption of innocence and the right to an equitable procedure." "HADOPI is a worrying stage towards the control of information on the Net by economic and political actors." commented Jérémie Zimmermann.

Already the law is considered by many as obsolete having in view the permanent technological progress which allows for several methods to go round the restrictions of the law. Right after the adoption of the text, searches of "going around Hadopi" would result in almost 60 000 responses on the Internet.

The Senate gave its final vote on the draft law on 21 September and it is no suprise that the lower Chamber of the French Parliament also gave its positive final vote the next day. The only step that could now stop the law remains the appeal to the Constitutional Council.

Hadopi 2 law adopted in the Assembly by 55 % of deputies (only in French,
15.09.2009)
http://www.numerama.com/magazine/13926-la-loi-hadopi-2-adoptee-a-l-assemblee-par-55-des-deputes.html

La Quadrature du Net is waiting for the Constitutional Council's advice (only in French, 15.09.2009) http://www.numerama.com/magazine/13927-la-quadrature-du-net-attend-l-avis-du-conseil-constitutionnel.html

Hadopi law validated, but already obsolete (only in French, 16.09.2009) http://www.lesechos.fr/info/hightec/300376175-la-loi-hadopi-validee-mais-deja-depassee.htm

France passes three-strikes bill (15.09.2009) http://www.theregister.co.uk/2009/09/15/france_hadopi_passes_lower_house/

EDRI-gram: Hadopi 2's final vote is postponed till 15 September (29.07.2009) http://www.edri.org/edri-gram/number7.15/hadopi-2-postponed-15-september

============================================================
3. MEPs ask for a new agreement on SWIFT bank data transfers to USA ============================================================

The European Parliament issued on 17 September 2009 a resolution reaffirming the need that for the Council and EU ministers to renegotiate the agreement to transfer bank data to the United States Treasury Department.

MEPs have previously expressed their concern for not having been involved in the negotiation of the EU-US interim agreement on banking data transfers as EU ministers had decided unanimously to give the European Commission a negotiating mandate without involving the Parliament. MEPs consider this goes against the opinion of Council's legal service, which recommanded to include the European Parliament in this process.

The EP resolution sets up guidelines for the new agreement in order to ensure data protection and privacy, underlining once more that the data should be transferred to the US authorities only for the purpose of fighting terrorism and that the transferred data should be used or stored proportionately to this objective.

The resolution reaffirms the "determination to fight terrorism" but also expresses the "need to strike the right balance between security measures and the protection of civil liberties and fundamental rights, while ensuring the utmost respect for privacy and data protection."

The EP believes that the transfer requests should be "based on specific, targeted cases, limited in time and subject to judicial authorisation, and that any subsequent processing is limited to data which disclose a link with persons or organisations under examination in the US" and that "EU citizens and enterprises are granted the same defence rights and procedural guarantees and the same right of access to justice as exist in the EU and that the legality and proportionality of the transfer requests are open to judicial review in the US". In order to prevent any abuse, the transferred data should be "subject to the same judicial redress mechanisms as would apply to data held within the EU, including compensation in the event of unlawful processing of personal data."

The resolution also asks for a reciprocity mechanism that would oblige the US authorities to equally transfer relevant financial data to the competent EU authorities, upon request.

The EP resolution did not reach consensus amoung different parliamentary groups. The adopted resolution was rejected by the Greens (who had their own
resolution) and the left groups. The opposition to this resolution considered the present text is not strong enough after the compromises between different political groups. It also highlighted the fact that the current format does not call for a stop of the current negociations.

Beatrice Ask, the Swedish Justice Minister, also stated that the new text under negotiation with the United States will be in force for no more than
12 months.

"If we don't get real assurances concerning the protection of (personal) data there won't be a deal," said EU Justice Commissioner Jacques Barrot who also stated that "an immediate renegotiation will take place under the Treaty of Lisbon", thus giving EP the final word on the text.

SWIFT: new EU-US agreement will be renegotiated next year (17.09.2009) http://www.europarl.europa.eu/news/expert/infopress_page/019-60698-257-09-38-902-20090915IPR60697-14-09-2009-2009-false/default_en.htm

European Parliament resolution of 17 September 2009 on the envisaged international agreement to make available to the United States Treasury Department financial payment messaging data to prevent and combat terrorism and terrorist financing (updated 21.09.2009)
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P7-TA-2009-0016&language=EN&ring=B7-2009-0038

Motion on a resolution on the envisaged international agreement to make available to the United States Treasury Department financial payment messaging data to prevent and combat terrorism and terrorist financing - Raül Romeva i Rueda, Jan Philipp Albrecht on behalf of the Verts/ALE Group
(14.09.2009)
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+MOTION+B7-2009-0050+0+DOC+XML+V0//EN

EU poses conditions on US access to bank account info (17.09.2009) http://www.google.com/hostednews/afp/article/ALeqM5hmZQkLlqCKitST820Wq-q6tMYjlA

EDRI-gram: A new SWIFT agreement under negotiation between EU and USA
(9.09.2009)
http://www.edri.org/edri-gram/number7.17/swift-european-parliament

============================================================
4. Ambitious study published by Swedish EU Presidency ============================================================

The Swedish Presidency of the EU has produced a study entitled "A Green Knowledge Society" that was made public in September 2009. The study aims to set the scene for the "tipping point in the transition to the knowledge economy" and to help prepare policy making for the "enormous consequences"
that this will have for society and interaction between governments and citizens. The report also looks at the ways in which ICT can be used for environmental protection. Key issues for the digital civil rights domain include creativity and infrastructure.

As regards creativity the report underlines the changes in today's
situation: "Some interviewees pointed to the need for Europe to move away from a 'permission to innovate' culture. For instance, one of the few examples of European innovation is the file sharing service Pirate Bay, which challenges current intellectual property rules. Rather than attempt to stymie this innovation, we need a more thoughtful response and to rethink rules around protection of intellectual property rights so that they are fit for a digital economy. Member State governments currently retain orthodox views about protection of intellectual property but we may need to embrace radical solutions if innovation and creativity is being held back (Boldrin and Levine, 2008)."

Policy goals for infrastructure development are "a new regulatory regime based on more effective ex ante regulation across all ICT layers", open source software and open standards for ICT infrastructure and public procurement, strong Internet governance participation and ensuring that next generation infrastructure can be built in a competitive market. Policy actions include common enforceable regulation with service legal agreements for ISPs and portal providers, harmonised spectrum policy and "vigorously"
deploying competition law with accelerated processes.

Full report - A Green Knowledge Society - An ICT policy agenda to 2015 for Europe's future knowledge society - A study for the Ministry of Enterprise, Energy and Communications, -Government Offices of Sweden (09.2009) http://www.se2009.eu/polopoly_fs/1.14425!menu/standard/file/A%20green%20knowledge%20society_low%20res_web_12_09_09.pdf

Executive summary
http://www.se2009.eu/polopoly_fs/1.12580!menu/standard/file/Revision03_executive%20summary_0830.pdf

(Contribution by Joe McNamee - EDRi)

============================================================
5. UK music industry shows divided opinions on cutting off p2p users ============================================================

UK Secretary of State Lord Mandelson's proposal to use technical measures to cut off connections of illegal file-sharers met different reactions within UK music industry.

A coalition including the Featured Artists Coalition (FAC), the British Academy of Songwriters, Composers and Authors (BASCA) and the Music Producers Guild (MPG) has recently expressed its opinion that the suspension of connections of allegedly illegal file-sharers was a "grossly disproportionate" measure. Besides the fact that the costs necessary for the implementing of technical measures to cut off online connections are much too high as compared to the supposed benefits, the members of the coalition also stated they did not want to punish their fans.

While believing that copyright is essential for the protection of songs writers and artists, the members of the coalition "have serious reservations about the content and scope of the proposed legislation outlined in the consultation on P2P file-sharing.  Processes of monitoring, notification and sanction are not conducive to achieving a vibrant, functional, fair and competitive market for music."

FAC brings as argument that, as a recent research made by MusicAlly shows, the decreasing in the CD sales should not be solely blamed on illegal online filesharing and that "it is dangerous to view the downloading of music as the direct online equivalent of CD sales". The coalition believes that what the proposals lack is a differenciation between downloading and online sharing music by fans on a non-commercial basis and those who do it for financial gains or advantages. "This second group of 'commercial' P2P users and facilitators should be pursued with the full force of the law as is the case with illegal CD plants in the offline world. Ordinary music fans and consumers should not be criminalised because of the failings of a legacy sector of business to adapt sufficiently fast to new technological challenges."

FAC expressed the opinion that the music industry should adapt to the digital age and create new business models. "As creators' representatives we are willing to be partners with government in exploring and navigating the opportunities and challenges brought by digital technologies.  What we will not be a party to is any system that alienates our members' existing audience and potential new audiences."

Actually, on 25 August 2009, Mandelson's Department for Business said that following the responses to the consultation on Digital Britain proposals, the introducing of the threat of disconnection from the Internet should be reconsidered. "Since the issue of the consultation some stakeholders have argued strongly that none of those technical measures (short of suspension) is powerful enough to have a significant deterrent effect on infringing behaviour," it said.

UK Music, the body representing a large part of the music industry made a statement on 16 September clarifying its position on file-sharing in which it was forced to drop any mention of cutting off Internet connections in order to ensure unity across the industry. Although FAC is not a member of UK Music, BASCA, which made common front with FAC, is.

"UK Music would like to clarify that all our members remain committed to supporting proposals that will benefit the future growth and sustainability of our commercial music industry. We believe that Government intervention is extremely welcome and that, subject to assessment, Ofcom should be granted appropriate and proportionate powers as directed by the Secretary of State.
The purpose of these powers is to encourage users of unlicensed P2P networks towards existing and future digital music services," says the statement making no mention to any specific enforcement measures.

A final view of the industry will probably be submitted after the consultation process closes on 28 September.

Cracks show in music industry over P2P enforcement (16.09.2009) http://www.theregister.co.uk/2009/09/16/uk_music_statement/

UK Music statement on Government's proposed P2P file-sharing legislation
(15.09.2009)
http://www.ukmusic.org/policy/163-uk-music-statement-on-governments-proposed-p2p-file-sharing-legislation

UK.gov revives net cut-off threat for illegal downloaders (25.08.2009) http://www.theregister.co.uk/2009/08/25/p2p_disconnection/

Don't punish our fans, say UK musicians (16.09.2009)
http://www.iptegrity.com/index.php?option=com_content&task=view&id=408&Itemid=9

Joint Statement on P2P Legislation (10.09.1009) http://www.featuredartistscoalition.com/showscreen.php?site_id=161&screentype=site&screenid=161&newsaction=showitem&newsid=2489&dc=6&sn=News

Music industry ready for climbdown on internet piracy demands (16.09.2009) http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/music/article6836104.ece?&EMC-Bltn=9AQGEB

EDRI-gram: UK: p2p three strikes clamp down despite civil liberties concerns
(26.08.2009)
http://www.edri.org/edri-gram/number7.16/uk-3-strikes

============================================================
6. Macedonia: Activities for citizen education about their privacy rights ============================================================

Due to the low level of public awareness on privacy issues, the activities of the international action "Freedom Not Fear" in Macedonia included efforts for educating the citizens on 12 September 2009.

In order to provide opportunities for the citizens to get to know their rights and ways to solve their privacy related problems, about fifty volunteers from nine NGOs and the Directorate for Personal Data Protection organized several knowledge sharing activities.

Around 3000 flyers in Macedonian and Albanian languages were disseminated throughout the capital of Macedonia. They contain info about the basic rights and links to websites which provide resources and tutorials about the legal and technical tools available to the citizens who need to protect their privacy from infringements from the state, companies and individuals.
The volonteers also disseminated the printed version of the Call to Action from Berlin, translated into Macedonian.

On 12 September 2009, legal experts who work on the implementation of the law on private data protection and the law on free access to public information answered to citizens questions face to face, offering practical advice and guidelines.

Several NGOs contributed for the organization of this event, including the EDRi-member Metamorphosis Foundation.

Macedonia: Freedom Not Fear 2009 - Activities for Citizen Education about Their Rights (12.09.2009)

http://www.metamorphosis.org.mk/activities/macedonia-freedom-not-fear-2009-activities-for-citizen-education-about-their-rights.html

(Thanks to EDRi-member Metamorphosis Foundation)

============================================================
7. A human rights commissioner in the European Commission ?
============================================================

On 16 September 2009 the European Parliament re-elected Jose Manuel Barroso for a second five-year term as president of the European Commission by a clear majority.

During his campaign, Barroso presented his proposals for commissioner posts.
At a meeting on 9 September with political groups in the Parliament, the commissioner promised a human rights commissioner post thus creating a separate portfolio for fundamental rights and civil liberties.

The European Commission has now a justice, freedom and security commissioner, but critics have argued that the domain was too broad and issues such as data protection, immigration and the rights of migrants in the Member States should be given more attention.

Barroso also committed to create a second post to focus on interior security and to a third one for a single financial supervisor. He also promised a review of the economic crisis situation in three years time.

Mr Barroso intended to travel to Ireland to campaign for a Yes vote in Ireland's second referendum on the Lisbon Treaty that is to take place on 2 October. After the poll, he will start forming a new Commission.

However, according to Swedish Europe minister Cecilia Malmstrom, even if the Irish vote is in favour, the fate of the Lisbon Treaty will still be unclear as the Czech Republic is taking its time in ratifying the document. "If everything goes well, if there's a yes in Dublin and all the states have ratified in October, our ambitious, optimistic goal is to get the whole package for the October summit (29-30 October)," said the minister.

If Ireland says no to the Lisbon Treaty, the commission will be appointed on Nice treaty which foresees a reduction in the number of commissioners without specifying a number however. A solution in this case according to the Swedish prime minister would be to give the member state that does not get a commissioner the post of EU foreign policy chief.

Next commission set for human rights post (10.09.2009)
http://euobserver.com/9/28643

EU to appoint human rights commissioner (14.09.2009) http://www.telegraph.co.uk/news/worldnews/europe/6183484/EU-to-appoint-human-rights-commissioner.html

José Manuel Barroso reelected European Commission president (16.09.2009) http://www.telegraph.co.uk/news/worldnews/europe/eu/6198292/Jos-Manuel-Barroso-reelected-European-Commission-president.html

============================================================
8. EESC opinion on the impact of social networking sites on citizens ============================================================

The European Economic and Social Committee (EESC) debated in a meeting organized on 17 September 2009 a new approach in regulating social networing websites, with the appointment of an EU Ombudsman to be responsible for the protection of human dignity, privacy and data protection in the audiovisual sector, that should include specific responsibility for social networking websites. The final opinion would be made public in the beginning of November 2009.

But this new approach by the EESC needs to be in line with other EU developments in the field of regulating social networks. In July 2008, the European Commission held an extensive public consultation on "Online Social Networking", the data and conclusions of which form an essential study base for future developments under the Safer Internet Programme (2009-2013) and on 26 September 2008, the European Commissioner Viviane Reding, pointed out the issue during a speech in Luxembourg at the Safer Internet Forum, setting out the main guidelines for the Commission's future action in this field.

The 30th international conference of data protection and privacy authorities on 17 October 2008 resulted in a detailed resolution with recommendations related to the protection of privacy in social networking services. The "Safer Social Networking principles for the EU document" was adopted on 10 February 2009 having at the basis an agreement concluded by the 17 largest operators of the main social networking sites in Europe. By this document the operators recognise their responsibility and identify the potential risks to which young people under the age of 18 using these sites are exposed.

The EESC's preliminary draft opinion, prepared by rapporteur Pegada Liz and issued on 11 August 2009 recognised the positive aspects of social networks, but expressed concerns related to the risks of the illegal and abusive use of social networks drawing a special attention to the risks related "to the use of social networking sites by minors and other vulnerable members of the public, specifically people with poor digital literacy, who frequently fall victim to others who take advantage of them to engage in illegal activities that affront their personal dignity and endanger their physical and mental wellbeing and even their lives."

The documents also suggests the appointment of an European Community Ombudsman similar to the Canadian Privacy Commissioner. The Canadian commissioner already performed an investigation on Facebook following which, the operator agreed to add new privacy safeguards to the website.

EESC draft opinion considers that a single regulator at the level of the Community could have regulatory or co-regulatory powers on social networks, including the power to impose penalties.

Other proposals of the draft opinion include a call on the European Commission to adopt a green paper on Social Network Services (SNS), the development of self-regulation and co-regulation schemes for the SNS industry, especially on the protection of minors. Launching initiatives such as Safer Internet Programme 2009-2013 is also a proposal as well as increasing efforts to raise awareness at the EU and national levels and setting up principles and rules of conduct for SNS sites at the international level.

The draft opinion was discussed within a meeting on 17 September where a short questionnaire was distributed to participants including questions on freedom of speech, censorship, anonymity on SNS sites, sanctions, self- and co-regulation and the creation of a Community ombudsman. The answers will be used as input for the final opinion that will be discussed in November 2009.

Preliminary Draft Opinion of the Section for Transport, Energy, Infrastructure and the Information Society on The impact of social networking sites on citizens/consumers (11.08.2009) https://toad.eesc.europa.eu/BrowseDocuments.aspx?type=1&folder=ces%5cten%5cten390

Questionnaire for Participants in the EESC Hearing for the own-initiative opinion TEN/390 on the impact of social networking sites on citizens/consumers (14.09.2009) https://toad.eesc.europa.eu/AgendaDocuments.aspx?pmi=zIpQ%2fkWVUpk%3d

EDRI-gram: Social Networks - on the European Commission's Agenda
(8.10.2008)
http://www.edri.org/edrigram/number6.19/social-networking-eu

=======================================================================
9. Secret IPR measures in EU - South Korea trade agreement =======================================================================

The European Union and South Korea plan to initiate a Free Trade Agreement in October 2009. The trade agreement includes civil, border and criminal measures for the enforcement of copyright, trademark rights, patents and other exclusive rights. The text of the agreement is secret.

In the Netherlands, EDRi-member Vrijschrift.org last week asked the parliamentary Commission on Subsidiarity to investigate the EU - South Korea trade agreement. In 2006, this commission gained fame with its negative advice on the EU Criminal measures intellectual property directive proposal (IPRED2).

Subsequently, both chambers of the Dutch Parliament unanimously agreed with the Commission's advice and sent a letter to then EU Commissioner Frattini, with translated copies to the other national parliaments of the EU. IPRED 2 is now permanently stuck in the EU Council.

FFII analyst Ante Wessels comments: "Decisions on substantive and formal criminal law have always been deemed especially sensitive for the ability of a constitutional state to democratically shape itself. Hence the opposition against EU criminal law. It is rather shocking that criminal measures are now secretly put in trade agreements. And the secretiveness of the EU - South Korea trade agreement makes it impossible to assess its effects on access to the Internet, software and medicine, too."

The EU member states have the righ to veto on criminal measures. The articles related to trade services fall within the shared competence of the Community and its member states. The agreement has to be concluded jointly by the Community and the member states.

Ante Wessels adds: "The governments keep the national parliaments uninformed. To gain influence, parliaments have to first force transparency.
They can do so by making parliamentary scrutiny reservations. Then the government can't go ahead before the parliament is informed and makes a decision."

South Korea and the European Union (EU) will initial their bilateral free trade agreement (FTA) in October (10.09.2009)
http://www.bilaterals.org/article.php3?id_article=15882

EU Council documents
http://preview.tinyurl.com/n7lzvb

Vrijschrift letter (only in Dutch, 16.09.2009) http://people.vrijschrift.org/~ante/korea/Vrijschrift-Com_Subsidiariteit-09-09-16.pdf

FFII information page on EU - South Korea trade agreement with more information on vetoes http://action.ffii.org/acta/fta

TransAtlantic Consumer Dialogue (TACD), Resolution on the enforcement of copyright, trademarks, patents and other intellectual property rights
(18.06.2009)
http://www.tacd-ip.org/blog/2009/06/18/tacd-issues-resolution-on-iprs-enforcement/

NGO Letter to USTR on transparency (22.07.2009)
http://keionline.org/content/view/246/1

Secret criminal measures in EU - South Korea trade agreement (21.09.2009) http://press.ffii.org/Press_releases/Secret_criminal_measures_in_EU_-_South_Korea_trade_agreement

(Thanks to Ante Wessels - FFII - Förderverein für eine Freie Informationelle
Infrastruktur)

============================================================
10. Civil society coalition discuss global privacy standards ============================================================

The Public Voice, the largest worldwide civil society coalition where EDRi is a an active member, will discuss "Global Privacy Standards in a Global World" during its conference on 3 November 2009 in Madrid, Spain, to be held in conjunction with the 31st Annual International Conference of Data Protection and Privacy Commissioners.

Prominent advocates and experts from the academic, consumer, digital rights and labor communities will discuss with public officials and the business sector how to raise privacy awareness in the global community and how to promote civil society participation in decision making processes towards the adoption of better privacy and data protection standards globally.

The Conference will first review recent privacy and human rights developments and major privacy activism campaigns around the world. It will also include the release of the current edition of the Privacy and Human Rights report. Stavros Lambrinidis, Vice-President of the European Parliament, is invited to comment on the most recent developments.

The Conference will also address current challenges raised by emerging technologies and business practices: representatives from the civil society and business sector will discuss privacy implications of issues such as cloud computing or Internet search. It will further address transborder data flows in the public and private sector, from passenger name records and financial transactions to the outsourcing of personal data.

The final Conference panel will launch the "Madrid Civil Society Declaration on Global Privacy Standards" that will be discussed by invited public data protection officials from OECD, the EU Article 29 Working Party, USA and Canada. Peter Hustinx, European Data Protection Supervisor, will provide closing remarks.

The Conference is sponsored by the Spanish Data Protection Agency and is free to all participants. Registration is compulsory.

Detailed program, registration and practical information http://thepublicvoice.org/events/madrid09/

============================================================
11. Recommended Action
============================================================

Reclaim your data from the European police authorities!
http://euro-data.noblogs.org/

Net Neutrality petition
http://www.euopeninternet.eu

We Must Protect Net Neutrality in Europe! - Open letter to the European Parliament http://www.laquadrature.net/en/we-must-protect-net-neutrality-in-europe-open-letter-to-the-european-parliament

============================================================
12. Recommended Reading
============================================================

Opinion of the Advocate General in the ECJ case of Google France, Google Inc. vs Louis Vuitton Malletier
http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-236/08

Creative Commons study of Non-commercial
http://creativecommons.org/press-releases/entry/17721
Direct link to the (18mb) full PDF
http://mirrors.creativecommons.org/defining-noncommercial/Defining_Noncommercial_fullreport.pdf

============================================================
13. Agenda
============================================================

23-24 September 2009, Copenhagen, Denmark The Net will not forget European conference on ICT and Privacy http://www.ict-privacy.dk/

29-30 September 2009, Warsaw, Poland
3rd International Conference "Keeping Children and Young People Safe Online"
http://www.saferinternet.pl/konferencja_en/articles-2009/3rd_international_conference.html

1-2 October 2009, Barcelona, Spain
6th Communia Workshop: Memory Institutions and Public Domain
http://www.communia-project.eu/ws06

16 October 2009, Bielefeld, Germany
10th German Big Brother Awards
http://www.bigbrotherawards.de/

21-23 October 2009, Istanbul, Turkey
eChallenges 2009
http://www.echallenges.org/e2009/default.asp

24 October 2009, Zurich, Switzerland
Big Brother Awards Switzerland
http://www.bigbrotherawards.ch/2009/

25 October 2009, Vienna, Austria
Austrian Big Brother Awards
http://www.bigbrotherawards.at/

26-27 October 2009, Vienna, Austria
3rd European Privacy Open Space
http://www.privacyos.eu

29 October 2009, Barcelona, Spain
oXcars, the biggest free culture event of all times, 2nd edition http://oxcars09.exgae.net

29 October - 1 November 2009, Barcelona, Spain Free Culture Forum: Organization and Action http://fcforum.net/

3 November 2009, Madrid, Spain
Civil Society Conference: "Global Privacy Standards in a Global World"
Organized by "The Public Voice" coalition
http://thepublicvoice.org/events/madrid09

4-6 November 2009, Madrid, Spain
31st International Conference of Data Protection and Privacy http://www.privacyconference2009.org

13-15 November 2009, Gothenburg, Sweden
Free Society Conference and Nordic Summit http://www.fscons.org/

15-18 November 2009, Sharm El Sheikh, Egypt UN Internet Governance Forum http://www.intgovforum.org/

27-30 December 2009, Berlin, Germany
26th Chaos Communication Congress
Deadline for submissions: 9 October 2009 http://events.ccc.de/congress/2009/

============================================================
14. About
============================================================

EDRI-gram is a biweekly newsletter about digital civil rights in Europe.
Currently EDRI has 29 members based or with offices in 18 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 3.0 License. See the full text at http://creativecommons.org/licenses/by/3.0/

Newsletter editor: Bogdan Manolea <[log in to unmask]>

Information about EDRI and its members:
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