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1. EDRI-gram newsletter - Number 3.2, 26 January 2005
(EDRI-gram newsletter)
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Subject: EDRI-gram newsletter - Number 3.2, 26 January 2005
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============================================================
EDRI-gram
biweekly newsletter about digital civil rights in Europe
Number 3.2, 26 January 2005
============================================================
Contents
============================================================
1. Poland blocks software patents once more
2. German library allowed to crack copy protection
3. Data Retention: Parliament Rapporteur doubts legal foundation
4. Total surveillance visitors World Cup Germany
5. New rumours about spy chips in EURO notes
6. French Big Brother Awards
7. EU consultation calls for social impact studies on nanotech
8. Verizon blocks European e-mail
9. Recommended reading: spyware
10. Agenda
11. About
============================================================
1. Poland blocks software patents once more
============================================================
Poland did it again. For the second time they blocked the attempt to
silently adopt EU Council's agreement on software patents, this time in
the Fisheries Council of 24 January 2005. The government of Poland had
already requested the item to be deleted from the agenda of the
Agriculture and Fisheries Council on 21 December 2004.
On the Friday preceding the Fishery minister's meeting the Polish European
Committee of the Council of Ministers, presumedly acting on the initiative
of the country's Ministry for Science and Technology, requested not to
include the Directive on the Patentability of computer-implemented
inventions on the agenda of that Council meeting, because "the work on the
final position of Poland on the issue has not yet been completed". A
statement published on the Polish Office of the Committee for European
Integration, as translated by the Foundation for a Free Information
Infrastructure, goes on to announce that "if the Luxembourg Presidency
includes the draft of the aforementioned Directive in the agenda, Poland
will request its withdrawal and postponement until the end of the
necessary analyses being conducted by Poland". These analyses concern the
possibly disastrous impact of the patentability of software on Poland's
emerging computer industries.
The Council's difficulties in finding an agreement on the Patents
Directive give new impetus to an initiative by 61 MEPs to re-start the
European Parliament's legislative process on the Directive. The
initiative, based on Rule 55 of the Rules of Procedure of the Parliament,
also has the support of most of the MEPS who have been fighting software
patents for the last three years. They argue that the Council has not
sufficiently taken the Parliament's position into account, which amounts
in essence to a new draft. The election of a new Parliament in the
meantime would alone be sufficient to justify a new first reading, if the
Parliament's Conference of Presidents considers it desirable. A new first
reading would give the Parliament more rights. They can table amendments
covering a wider area of topics. The four-month time limitation in second
reading would not apply and votes of Parliament members who are not
present would not be counted as being pro-Council, as is the case in
second reading. Last but not least, MEPs from the new Member States would
get a chance to cast their vote without the limitations implied by the
rules on second reading.
FFII: Patents taken off Fishery Agenda at Poland's Request Once More
http://kwiki.ffii.org/Fish050124En
Out-law.com: Poland stalls Patent Directive again
http://www.out-law.com/php/page.php?page_id=polandstallspatent1106654412
FFII: Lobbying Guide for a re-newed referral to the European Parliament
http://kwiki.ffii.org/RestartGuide0501En
(Contribution by Andreas Dietl, EDRI EU Affairs Director)
============================================================
2. German library allowed to crack copy protection
============================================================
The German national library (Deutsche Bibliothek) has negiotated a license
with rightholders to legally circumvent copy protection mechanisms on
CD-roms, videos, software and E-books. It seems this is the first library
in Europe to have managed a voluntary agreement on the strict new
anti-circumvention rules prescribed by the EU copyright directive of 2001
(2001/29/EC). Article 6 of the EUCD prohibits acts of circumvention, as
well as the distribution of tools and technologies used for circumvention
of access control or copy protection measures. Member States could choose
between penal or civil sanctions for infringement. Germany has chosen
penal sanctions, with large fines or a 3 year prison sentence for
circumvention for a commercial purpose.
Article 6.4 of the EUCD calls on governments to take appropriate measures
should voluntary agreements between rightsholders and 'beneficiaries of
exceptions or limitations' fail. One of these permitted exceptions, that
can be introduced by Member States, is Article 5.2c: "in respect of
specific acts of reproduction made by publicly accessible libraries,
educational establishments or museums, or by archives, which are not for
direct or indirect economic or commercial advantage."
The German transposition of the EUCD, entered into force in September
2003, did not explicitly acknowledge this limitation, but allows users to
circumvent technical measures for private, non-commercial archiving
purposes. This exception indirectly also applies to libraries and
archives, but depends on permission from the rightsholders. In the
explanatory memorandum of the second 'basket' of copyright legislation,
proposed in September 2004, the legislator only introduces a specific
exception for libraries to make works available online, at the library,
but declines any further clarification on the archiving issue.
The German Federation of the Phonographic Industry and the German
Booksellers and Publishers Association have agreed to allow the library to
fulfil its legal obligation to collect and make available material for
long-term archiving purposes. The agreement also allows the library to
break digital locks on books and music for scientific purposes of users,
for collections for school or educational purposes, for instruction and
research as well as on works that are out of print. These duplications are
subjected to a fee and possibly a digital watermark. Rightholders may
either supply a lock-free copy of a work, but if not, the library may
circumvent the protection.
Joint press release library and rightsholders (English, January 2005)
http://www.sub.uni-goettingen.de/frankfurtgroup/drms/drms.html
German Library Allowed To Crack Copy Protection
http://yro.slashdot.org/article.pl?sid=05/01/19/0021255
EU Copyright Directive 2001/29/EC (22.05.2001)
http://europa.eu.int/cgi-bin/eur-lex/udl.pl?REQUEST=Seek-Deliver&SERVICE=eur
lex&COLLECTION=oj&LANGUAGE=en&DOCID=2001l167p00100019
German copyright legislation (first basket, 10.09.2003)
http://bundesrecht.juris.de/bundesrecht/urhg/index.html
============================================================
3. Data Retention: Parliament Rapporteur doubts legal foundation
============================================================
The European Parliament's rapporteur on the retention of traffic data
resulting from all kinds of electronic communications, Alexander Alvaro
(Liberal, Germany) has asked the Parliament's legal service to look into
the legal foundation for this report. His doubts are founded on the fact
that the report contains obligations addressed to civil parties, which is
a strong indication that it ought to be in co-decision. As Mr. Alvaro told
EDRI-gram, he proposes to split the draft into two separate reports. The
first part would contain the law-enforcement side of data retention and
remain in the consultation procedure. The other part, dealing with the
industry's obligations, would have to be in the co-decision procedure. Mr.
Alvaro also considers going to the European Court of Justice to get a
ruling on this.
One of the problems the Parliament is facing is that it is confronted with
permanently changing positions on the side of the Council. The parliament
is given a strict deadline for their non-binding advice, while the Council
itself hasn't decided yet on the nature of the data to be stored or even
on the duration of the storage.
Mr. Alvaro will present his working document, which is quite critical of
the Council's proposal, on 31 January 2005. A first draft of his report
will be presented to the EP Committee on Civil Liberties, Justice and Home
Affairs (LIBE) mid-March 2005. The vote in Plenary should then take place
in May - unless Alvaro's proposal to split the draft is accepted. In that
case the agenda would inevitably be delayed.
Latest public extended version of the draft framework decision (20.12.2004)
http://register.consilium.eu.int/pdf/en/04/st08/st08958-ex01.en04.pdf
Check for updates in the Council register
http://tinyurl.com/3ks8a
European Parliament Legislative observatory procedure view
http://wwwdb.europarl.eu.int/oeil/oeil_ViewDNL.ProcedureView?lang=2&procid=6
739
(Contribution by Andreas Dietl, EDRI EU Affairs Director)
============================================================
4. Total surveillance visitors World Cup Germany
============================================================
FoeBuDThink twice before buying a ticket to the 2006 FIFA World Cup in
Germany. You can only apply for tickets online, and in order to obtain a
ticket you will have to answer a questionnaire demanding a lot of personal
data. This profile will be linked to a mini spy chip (RFID) on the ticket.
Rena Tangens from the German privacy-organisation FoeBuD is calling on all
fans to boycott the World Championship because "the World Cup is being
abused by sponsors and the surveillance industry to introduce
snooping-technology and to spy on the fans."
Tickets will be sold from 1 February onwards. The questionnaire demands
date of birth, passport number, telephone and fax number, e-mail, bank or
credit-card data, as well as team and club preferences. Fans are not only
to hand over their own data but also those of others in whose name they
want to order tickets. These data will not just be used for the
application but shared with the sponsors and other countries which are
participating in the World Cup. And this procedure is not limited to the
lucky few who will actually gain entrance to the stadiums but applies to
everyone who tries to apply for one of the tickets.
FoeBuD is upset about the RFID-tag on the ticket, because the personal
data can be secretly read by hidden readers, and will reveal all the
movements of visitors. RFID-readers at the stadium cannot just be placed
at the entrance, but also at the gates to the individual blocks, at the
fan-merchandising shop and at the toilets. The spy chips are presented as
a miracle cure against terrorists, hooligans and black marketers. But
FoeBuD wonders how the chips could ever prevent brawls, scuffles, assaults
or outbursts of fury.
The soccer fan initiative BAFF ('Buendnis aktiver Fussball Fans') is also
taking action against this new dimension of surveillance. The DFB (German
Soccer Association) meanwhile has made some changes to the questionaire,
but remains very vague in their statements. The German Federal privacy
commissioner Peter Schaar has expressed concern about the use of the
personal ID number and has asked the Minister of the Interior for comment.
FoeBuD press release (in German, 21.01.2005)
http://www.foebud.org/rfid/pe-wm2006-21-01-2005
FoeBuD press release (in English, 26.01.2005)
http://www.foebud.org/rfid/pe-wm2006-21-01-2005/en
Press release of Active Soccer Fans
http://www.aktive-fans.de/01a9d793eb0025619/502764947d0ebab0a/50146095e90064
b01.html
More information on RFID applications
http://www.stoprfid.de
============================================================
5. New rumours about spy chips in Euro notes
============================================================
There is a renewed rumour that the European Central Bank is going to add
spy chips (RFIDs) to Euro banknotes. 'Czerwensky intern', a German
newsletter providing bank and insurance background reports, says the ECB
might have already signed contracts with Hitachi, and is ready to
introduce the spy-notes this year. Allegedly, the contract requires such a
high volume of RFIDs that Hitachi can't deliver all chips itself, but has
to rely on subcontractors.
Earlier rumours (dating back to 2001) about plans to track and trace all
Euro notes with the help of RFIDs were strongly denied by the ECB. On 4
June 2003 EDRI-gram reported about a press release from Hitachi announcing
negotiations about the contract to Japanese investors. The RFIDs in euro
banknotes could help against counterfeiting and make it possible to detect
money hidden in suitcases at airports. But the technology would also
enable a mugger to check if a victim has given all of his money. If RFIDs
are embedded in banknotes, governments and law enforcement agencies can
literally 'follow the money' in every transaction. The anonymity that cash
affords in consumer transactions would be eliminated.
According to the biannual report from the ECB on the counterfeiting of the
euro, released on 13 January 2005, the amount of counterfeited euro
banknotes is still very low. It has risen 8% compared to 2003, "but the
recent trend has been downwards."
EZB: Die intelligente Euro-Note kommt noch in diesem Jahr (German,
25.01.2005, access restricted)
http://www.czerwensky.de/czerwensky/index.htm?u=0&p=0&k=0&ftreff=0&sektion=a
ktuelleausgabe_index
EZB 'Intelligente' Euro-Note kommt noch 2005 (German, 25.01.2005)
http://de.biz.yahoo.com/050125/341/4e0aw.html
Hitachi mu-chip
http://www.hitachi.co.jp/Prod/mu-chip/
Biannual information on the counterfeiting of the euro (13.01.2005)
http://www.ecb.int/press/pr/date/2005/html/pr050113_1.en.html
============================================================
6. French Big Brother Awards
============================================================
On 22 January 2005, the jury of the French Big Brother Awards needed no
less than 7 of the famous negative Big Brother Awards to name and shame
projects, people, institutions and companies for destroying privacy and
promoting control. The minister of Health, Mr Douste-Blazy received a
special Jury Award for promoting a new law that created the 'Dossier
Medical Partagi', renamed 'Dossier Medical Personnel' (from 'shared
medical record' to 'personal medical record'), that puts the entire
medical records of every citizen on the internet, in order to spend less
money and 'optimise' French medical care.
The Lifetime Menace Award was presented to the 3 French 'homeland
security' ministers Vaillant (left wing), Sarkozy & Perben (right wing),
who introduced new DNA-sampling powers, not just for sexual & violent
criminals, but for every kind of suspects and for minor offences.
A new Award was invented by the French organisers to honour the creative
use of language to hide the real meaning, accurately described in George
Orwells 1984 as newspeak. The first Novlang Award was presented to Gixel,
a trade association of manufacturers of electronic interconnect systems,
components and subsystems. They propose to 'educate' children under 6 (and
their parents) about the usefulness of biometric products, helping the
government to spread 'security values'.
Other winners include 3 MPs that wish to impose GPS empowered electronic
bracelets on sexual offenders, after having served their prison sentence,
for a period of 30 years, and 2 city officials in Marne, who ordered
social workers to give them detailed records about every citizen they were
trying to help.
During the ceremony a positive Voltaire award was presented to members of
the humanitarian organisation C-Sur, who were accused of being 'criminals'
for helping 'illegal' foreigners, after a new French law put this kind of
humanitarian activism under a 'presumption of culpability' regime. Another
positive award was given to Charles Hoareau, an unionist who refused to
give his DNA sample after having been engaged in a fight with policemen
during the illegal expulsion of a foreigner without papers. He told the
policemen it was OK to give them his saliva, but only if he could spit on
them, rather than being obliged to open his mouth to let them take the
sample.
Press release French Big Brother Awards (22.01.2005)
http://www.bigbrotherawards.eu.org/2004/eng.php
List of all 30 BBA nominees (in French)
http://nomines.bigbrotherawards.eu.org/
============================================================
7. EU consultation calls for social impact studies on nanotech
============================================================
The European Commission puts nanotechnology high on the political agenda
with its Communication 'Towards a European strategy for nanotechnology'.
The communication has been discussed at the political level in the
European Council under the Irish and Dutch presidencies during the year
2004, and an on-line open consultation on the communication was held
between August and October 2004 by Nanoforum, the EU sponsored thematic
network on nanotechnology. The Nanoforum received some 750 responses to
the consultation. Half of the respondents came from the research
community.
The consultation concludes that nanotechnology will have a strong impact
on European industry and its citizens within only ten years from now.
Nanotechnology will have its strongest impact on chemistry and materials,
information and communication technologies, healthcare and
security/defence. The participants believe that health, safety and
environmental risks should be integrated early into research and that the
societal impact of nanotechnology needs to be taken into account from an
early stage. An international 'code of good conduct' would be welcomed by
the participants.
Nanotechnology as a collective term refers to technological developments
on the nanometer scale, usually 0.1-100nm. The technology is believed to
produce new materials and devices. Nano-scaled devices will bear strong
resemblance to nature's nano-devices: proteins, DNA, membranes etc. One
fundamental characteristic of nanotechnology is that nano-devices
self-assemble. That is, they build themselves from the bottom up. Critics
have warned for the so-called 'grey goo' doom-scenario in which
out-of-control self-replicating nano-robots consume all life on Earth
while building more of themselves.
The Commission consultation report has little to say on privacy and
security related issues. Nanotechnology has the capability of dramatically
improving surveillance devices and producing new weapons, thus leading to
an increase in incentives for private companies to produce security
nanotechnology. Research is being done on swarms of microscopic
nano-robots capable of video and audio surveillance.
Critics of nanotechnology have explored how the development of nano-scale
devices for surveillance, tracking and monitoring may create a society
that functions as a Panopticon, an institutionalised and physical form of
surveillance.
Outcome of the Open Consultation on the European Strategy for
Nanotechnology (December 2004)
http://www.nanoforum.org/index.php?action=showcomplete&modul=showpub&scid=27
7&code=0987b8b338d6c90bbedd8631bc499221&userid=784739&wb=151823&
EPIC: Privacy Implications of Nanotechnology
http://www.epic.org/privacy/nano/
Wikipedia: Nanotechnology
http://en.wikipedia.org/wiki/Nanotechnology
The Little Big Down: A Small Introduction to Nano-scale Technologies (June
2004)
http://www.etcgroup.org/documents/littlebigdown.pdf
============================================================
8. Verizon blocks European e-mail
============================================================
The large US provider Verizon (3 million DSL customers and 1 million
dial-up customers) is systematically blocking e-mail from Europe, as well
as from China and New Zealand. On 22 December 2004 Verizon has installed
new central spam-filters that refuse e-mail from many large European
providers. Attempts from European ISPs to have their mail-servers
white-listed have only been partially successful. Internet users that
don't use the mail-servers from their ISP, because they run their own
mail-servers, don't stand a chance at all to communicate with Verizon
customers. Verizon media relations manager Ells Edwards told Wired that he
didn't know when the ISP would lift its blockade. And true to the Verizon
telephony roots he added: "If it's really important you might want to make
a phone call."
At least 1 Verizon customer didn't take the new policy for granted, e-zine
The Register reports. He made the Philadelphia law firm Kohn, Swift &
Graf, P.C. file a suit. The case seeks class action status: all aggrieved
Verizon customers are invited to join and claim damages.
Verizon faces lawsuit over e-mail blocking (21.01.2005)
http://www.theregister.co.uk/2005/01/21/verizon_class_action/
Verizon's E-Mail Embargo Enrages (10.01.2005)
http://www.wired.com/news/ebiz/0,1272,66226,00.html
============================================================
9. Recommended reading: spyware
============================================================
The US researcher Benjamin Edelman, famous for his publications about
internet filtering in China and in Saudi Arabia, has turned to spyware,
and the results of his research are impressive. In November 2004 he did a
simple test, to find out how much junk can get installed on a user's PC
visiting a single webpage. "In the course of my testing, my test PC was
brought to a virtual stand-still -- with at least 16 distinct programs
installed. I was not shown licenses or other installation prompts for any
of these programs, and I certainly didn't consent to their installation on
my PC. (...) Other symptoms of the infection included unwanted toolbars,
new desktop icons (including sexually-explicit icons), replacement desktop
wallpaper ("warning! you're in danger! all you do with computer is stored
forever in your hard disk ... still there and could broke your life!"
(s.i.c.)), extra pop-up ads, non-standard error pages upon host-not-found
and page-not-found error conditions, unrequested additions to my HOSTS
file, a new browser home page, and sites added to my browser's Trusted
Sites zone."
Now Edelman has made comprehensive list of 4 of the best-known spyware
producers in the US, and their main investors. In total, he tracked over
139 million US Dollar worth of investments by respectable firms.
Benjamin Edelman, Investors Supporting Spyware
http://www.benedelman.org/spyware/investors/
============================================================
10. Agenda
============================================================
3-4 February 2005, Geneva
A2K Treaty Workshop (invitation only)
http://lists.essential.org/pipermail/ip-health/2004-November/007175.html
3-4 February 2005, Paris, France - Unesco conference
4-5 February 2005, Oegstgeest, Netherlands - Unesco conference
Two conferences about online freedom of speech, access to information and
privacy. Open to invited participants only.
http://portal.unesco.org/ci/en/ev.php-URL_ID=17907&URL_DO=DO_TOPIC&URL_SECTI
ON=201.html
14-16 February 2005, Geneva, Switzerland
WSIS Working Group on Internet Governance meeting
http://www.wgig.org, http://www.worldsummit2005.org
17-25 February 2005, Geneva, Switzerland - WSIS PrepCom 2
http://www.wsis.org, http://www.worldsummit2005.org
17-18 March 2005, Amsterdam, The Netherlands
First European Creative Commons meeting
http://www.creativecapital.nl
31 March 2005, deadline call for papers on DRM
Special session on Digital Rights Management during the 31st Euromicro
conference on Software Engineering and Advanced Applications (SEAA) 2005
in Porto, Portugal. This special session is open to discuss technical,
legal and business issues with DRM and the social aspects regarding users
understanding and fair use. Papers should be around 6-8 pages (not
exceeding 6000 words) and include an abstract.
http://www.idt.mdh.se/euromicro-2005/
6-8 April 2005, Belfast, Ireland, BILETA 2005
Over-Commoditised; Over-Centralised; Over-Observed: the New Digital Legal
World?
http://www.law.qub.ac.uk/bileta2005/callforpapers.html
12-15 April 2005, Seattle, USA, CFP 2005
The program committee of the annual Computer, Freedom, Privacy Conference
is accepting proposals for conference sessions and speakers for CFP2005.
The deadline for submissions is 31 December 2004. The conference will be
held in the Westin Hotel in Seattle, Washington.
http://www.cfp2005.org
14-16 Aprile 2005, Padova, Italy, FLOSS 2005
http://www.floss2005.org/
6-11 June 2005, Benevento (Naples), Italy, DIGITAL COMMUNITIES 2005
http://www.ssc.msu.edu/~espace/DC2005.html
11-15 July 2005, Genova, Italy, OSS 2005
http://oss2005.case.unibz.it/index.html
28-31 July 2005, Den Bosch, The Netherlands
What The Hack, major open air hacker / internet lifestyle event
http://www.whatthehack.org/
============================================================
11. About
============================================================
EDRI-gram is a biweekly newsletter about digital civil rights in Europe.
Currently EDRI has 17 members from 11 European countries. 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 or agenda-tips are
most welcome.
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: Sjoera Nas <[log in to unmask]>
Information about EDRI and its members:
http://www.edri.org/
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End of EDRi-news Digest, Vol 22, Issue 2
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