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Today's Topics:
1. EDRI-gram newsletter - Number 3.21, 20 October 2005
(EDRI-gram newsletter)
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Subject: EDRI-gram newsletter - Number 3.21, 20 October 2005
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============================================================
EDRI-gram
biweekly newsletter about digital civil rights in Europe
Number 3.21, 20 October 2005
============================================================
Contents
============================================================
1. Data retention: Council barks but cannot bite
2. Very tight vote in UK Lower House on ID card
3. International jurists on human rights and (counter-)terrorism
4. Ombudsman demands transparency from EU Councils
5. EFF research into hidden codes colour prints
6. Swedish DPA: music industry may collect IP addresses
7. Business Software Alliance lobbies against copyright levies
8. Google changes privacy policy
9. Petition update: over 54.000 signatures
10. Support EDRI!
11. Agenda
12. About
===========================================================
1. Data retention: Council barks but cannot bite
===========================================================
Charles Clarke from the UK Home Office uttered some incredibly harsh
threats to the European Parliament committee on civil liberties (LIBE)
on
13 October, the day after the Council meeting, but his barking could not
conceal the fact the ministers of Justice and Home Affairs did not have
any teeth to bite with. Several national parliaments (Germany, Austria,
the Netherlands) have not given their ministers the go-ahead on the
framework decision on data retention. But according to Council
conclusions, "The Council agreed to revert to this issue at its next
meeting with a view to a final decision before the end of the year."
Clarke obviously thought it was a good strategy to try to intimidate the
MEPs. If they didn't agree before December in first (and last!) reading
on
introducing data retention, he said, the ministers would pull out the
framework decision anyway in the last formal JHA Council under UK
Presidency, on 1 December 2005. Besides, if parliament failed, he would
make sure the European Parliament would no longer have a say anymore on
any JHA matters.
In fact, the Council suddenly took the advice from its own legal service
into account (dating back to April 2005), according to a last minute
note
from the UK Presidency from 5 October 2005. This advice warns the
ministers that if they would proceed, any ISP could take the Council to
court once the measure was introduced and would most likely get full
cost
reimbursement for having to implement an illegal measure.
But in spite of the strong legal position of the European Parliament,
the
presidents of the political groups meeting in the European Parliament
today (20 October) have just decided to let this time pressure prevail
above the content of the directive. To ensure smooth negotiations, they
propose to withdraw the mandate of rapporteur Alexander Alvaro and give
it
to the chairman of LIBE (the EP committee on civil liberties), the
French
centre-right Jean-Marie Cavada. The LIBE committee will have to vote on
this proposal in their meeting of 24 October and the outcome is unclear.
However, the proposal from the group presidents makes it very clear
their
main cause for concern was not getting formal co-decision power, not in
the gross undermining of fundamental civil rights by the systematic
surveillance of all innocent citizens.
The LIBE committee has until 26 October 2005 to enter amendments on the
proposal from the European Commission and on the proposal from Alexander
Alvaro. The secondary committee on Industry (ITRE) already had to file
amendments before 18 October 2005. With regards to the content of the
Commission proposal, the JHA Council made it clear they will not accept
the maximum terms proposed by the Commission. They can live with the
minimum of 6 months for internet data and 12 months for telephony, but
wish to reserve the freedom to extend this period to 2 years, or as long
as the member states have already seen fit. This is a specific gesture
to
Italy and Ireland, who have introduced data retention for 4 and 3 years
respectively. Secondly, the Council does not want a general cost
reimbursement for the industry, but wants to leave it to member states.
Thirdly, the Council still insists on the inclusion of failed call
attempts.
But on another crucial point about the scope of the obligation,
Commission
and Council seem to agree. According to sources around the Commission,
all
data mentioned in the Annex must be captured by all parties that can
possibly detect them, both by network operators and by service
operators.
This means the term "data generated or processed by providers" includes
any data transported on any network. This causes great concern when it
comes to internet data, that can only be captured successfully by the
party that actually provides the services, not by operators that merely
let the data pass through their pipelines. If Commission and European
Parliament agree on this very wide margin of interpretation, in reality
all providers will have to create full wiretaps on all their networks to
capture every byte and select the appropriate traffic data from this
immense data mountain.
After the JHA Council the Danish minister of Justice, conservative Lene
Espersen, made the headlines again with a brutal quote. After the
previous
informal JHA Council of 8 and 9 September she served off the telecom
industry. "They should stop all their whining," she told reporters.
"When
you know these people are making money making their systems available to
criminals, then maybe they should have a more humble attitude." This
time,
according to the BBC, she said: "We have to decide who we are most
afraid
of - the European Parliament or terrorists."
The evening before the JHA Council, the European Internet Foundation
organised a special dinner debate on the matter, with representatives
from
the European Parliament, European Commission, industry and police. EDRI
was also present (the editor) and was given the chance to explain its
objections against mandatory data retention. At the very last minute the
representatives from the Council and from the European Commission DG
Justice cancelled their presence. The representative from the Belgian
police, Chief Commissioner Luc Beirens of the Federal Computer Crime
Unit,
explained how useful traffic data were. An example he gave was the
possibility of having your free webmail account hacked. This could
result
in blackmail "worth as much maybe as 200 euro" to get the account back
or
having child pornography spread in your name to your friends and
colleagues.
His speech was warmly welcomed by representatives from the music and
film-industry, the IFPI and the MPA. They both claimed data retention
did
not change anything at all, since member states already had the
possibility to introduce mandatory data retention. Obviously, they did
not
bother to explain that an option is completely different from a binding
European obligation. The IFPI representative insisted piracy was a form
of
organised crime that should be fought with all legal means, including
tracing back the exact internet behaviour of all suspects for a
substantial amount of time.
Mr. Beirens claimed Belgium had also introduced mandatory data retention
for telephony traffic data. This could not be confirmed to EDRI-gram by
either the Federal Privacy Commission or by the Belgian ISPA. In fact,
Belgium has re-introduced the possibility of data retention on 13 June
2005 with the introduction of a new telecommunication law, but like
before
with the law on computer crime established in 2001, the actual royal
decree stipulating what kind of data should be stored by which market
parties for what period of time was and is never issued. Therefore, any
traffic data stored by market parties beyond the direct purposes of
transmission or billing, are plainly illegal.
There are still only 2 countries in the EU with actual and legal data
retention legislation, Italy and Ireland, but both only for telephony,
not
for internet data.
Justice and Home Affairs Council Conclusions (12-13.10.2005)
http://www.fco.gov.uk/Files/kfile/JHA_12Oct_Results,0.pdf
BBC: EU states agree phone record law (12.10.2005)
http://news.bbc.co.uk/1/hi/world/europe/4335058.stm
Last JHA Council version (10.10.2005)
http://www.statewatch.org/news/2005/oct/council-data-ret-draft-10-oct-05
.pdf
UK Presidency letter to Council (05.10.2005)
http://www.statewatch.org/news/2005/oct/council-data-retention-oct-05.pd
f
===========================================================
2. Very tight vote in UK Lower House on ID card
===========================================================
The UK ID card proposals have come closer than ever to defeat in their
final House of Commons vote. The government's majority shrunk from the
previous vote by 11 votes to 25, despite several concessions over cost
and
claims to improve privacy protection.
The legislation now moves to the House of Lords, where it is certain to
face sustained attack from the House's majority of Conservative, Liberal
Democrat and independent peers. The close vote in the Commons will
encourage the Lords in their efforts to amend and defeat the Bill.
Debate
is likely to take place at the end of October 2005.
The Government continues to claim that the scheme is "voluntary" and
would
not hold detailed personal information. In the current version, it would
not be compulsory to buy or carry ID. However, the Bill leaves open the
possibility that ID Cards could be made compulsory at a later date and
government has stated that this is their ultimate intention. Moreover,
all
applicants for passports and potentially for driving licences and
criminal
background checks would automatically be registered. A Home Office
Minister claimed that "It is not our intention to create a database that
will seek to hold detailed personal profiles on every individual,"
entirely missing the point that other government databases such as those
holding medical records and police files will be linked up using the ID
card number.
No to ID campaign
http://www.no2id.net/
(Contribution by Ian Brown, EDRI board member)
===========================================================
3. International jurists on human rights and (counter-)terrorism
===========================================================
Today the International Commission of Jurists (ICJ) has launched a new
18
month panel on terrorism, counter-terrorism and human rights. "The legal
community worldwide must now take a leadership role in articulating how
the rule of law can be respected in addressing terrorism in its many
complex global and local forms." The ICJ has formulated 10 legal and
policy issues the panel should address. One of them addresses the issue
of
blanket electronic surveillance: "Do we need to have intrusive
surveillance of public places and transports, data on travel, phone
calls
and Internet use in order to protect people from terrorism?" Other
issues
are freedom of speech (How can we criminalise incitement to violence
without eroding freedom of speech, the press and religion?),
discrimination (how to increase security without discriminating,
alienating and marginalising minority communities?) and the boundaries
of
military law. In 18 countries and regions all over the world hearings
will
be organised. Europe will be covered by the hearing in the United
Kingdom.
In August 2004, the ICJ brought together 160 jurists of all regions in
the
city of its birth, Berlin, and adopted the Berlin Declaration on
Upholding
Human Rights and the Rule of Law in Combating Terrorism. This
declaration
set out 11 principles that states should respect when countering
terrorism. The introduction provides a clear explanation of the need for
those principles: "The odious nature of terrorist acts cannot serve as a
basis or pretext for states to disregard their international
obligations,
in particular in the protection of fundamental human rights. A pervasive
security-oriented discourse promotes the sacrifice of fundamental rights
and freedoms in the name of eradicating terrorism."
Founded in Berlin in 1952, the ICJ is a global network of judges,
lawyers
and human rights defenders united by international law and rule of law
principles that advance human rights. The ICJ is best known for its
network of 60 Commissioners. It has 37 national sections and 45
affiliated
organisations.
Eminent Jurists Panel on Terrorism, Counter-Terrorism and Human Rights
(19.10.2005)
http://www.icj.org/article.php3?id_article=3789&recalcul=oui
ICJ Berlin declaration (28.08.2004)
http://www.icj.org/IMG/pdf/Berlin_Declaration.pdf
===========================================================
4. Ombudsman demands transparency from EU Councils
===========================================================
The European Ombudsman (Mr Diamandouros) has come out in support of
those
calling for EU ministers to legislate in a more transparent manner. His
report follows a call from a group of influential British MEPs on the UK
to push for more openness, according to an article in EU Observer. "They
pointed out that the EU is the only legislature in the world, except
North
Korea, that still makes laws in secret."
The European Constitution would have obliged the Council to open their
doors, but many ministers have wilfully misinterpreted the rejection of
the Constitution as a signal against public control on their decision
making processes. The Ombudsman already sees enough legal ground in an
earlier vital EU agreement; in Article 1 (2) of the Treaty on the
European
Union (as amended by the Treaty of Amsterdam in 1997).
The Council argued that the degree of openness of its meetings was a
political choice to be made by the Council and said Article 1 (2) of the
Treaty on European Union merely indicated that the future Union should
be
as open as possible. The Ombudsman takes the view that this future has
already begun with the Treaty of Amsterdam and the degree of openness is
not a political decision but a fundamental right.
At the same time, the European Parliament is also trying to get more
influence on procedures initiated by the European Commission of which
the
details are arranged by committees with representatives of the member
states, the so-called Comitology procedure. This Comitology procedure
also
plays an important role in the debate about the data retention proposal,
because Parliament would not have a veto right on decisions taken by
member states in comitology to expand the scope of the law. And if
member
states cannot agree with the Commission, the Council may take the matter
in its own hands and take a decision. A group of MEPs led by UK Labour
MEP
Richard Corbett will be appointed by the European Parliament's
constitutional affairs committee to try and negotiate a right to oversee
-
and where necessary, call-back - decisions taken by the comitology
committees.
Press release Ombudsman (11.10.2005)
http://www.euro-ombudsman.eu.int/release/en/2005-10-11.htm
Special report Ombudsman (11.10.2005)
http://www.euro-ombudsman.eu.int/special/pdf/en/032395.pdf
EU Parliament attempts to win new powers (14.10.2005)
http://www.euractiv.com/Article?tcmuri=tcm:29-145842-16&type=News
===========================================================
5. EFF research into hidden codes colour prints
===========================================================
The US based digital rights organisation EFF has started extensive
research into the hidden codes some laser colour printers and photo
copiers add to every page they print or copy. In 2004
printer-manufacturer
Canon was awarded a Big Brother Award in Germany for secretly adding a
unique code to every print-out. Soon after, it turned out the practice
is
very wide-spread.
The unique number on every print-out is invisible to the bare eye,
measuring only 0,1 millimetre. After the Big Brother Award for Canon,
the
Dutch police immediately admitted they use the codes to detect the
sources
of print-outs, tracing individual printers through the vendor chain.
Questioned by the Lower House, the Dutch minister of Economical Affairs
said he agreed manufacturers should inform their customers, but did not
create any obligation in that direction.
EFF suspects the US government of having persuaded most manufacturers of
including the secret codes, "in a purported effort to identify
counterfeiters." In addition to a call to the public to send in
print-outs, to create an even more extensive list of printers, EFF has
filed a Freedom of Information Act (FOIA) request to find out all about
"the Secret Service's efforts to promote the development and
implementation of machine identification code (MIC) technology in colour
laser printers and colour photocopiers."
EFF: Is Your Printer Spying On You? (13.10.2005)
http://www.eff.org/Privacy/printers/
EDRI-gram 'Secret code added to most colour prints' (03.11.2004)
http://www.edri.org/edrigram/number2.21/printers
===========================================================
6. Swedish DPA: music industry may collect IP addresses
===========================================================
According to the Swedish e-zine The Local, the Swedish Data Inspection
Board now allows the Swedish anti-piracy group Antipiratbyren and the
record industry group IFPI to collect the IP addresses of file-sharers.
In an earlier ruling EDRI-gram reported about, the Swedish Data
Protection
Authority said APB and IFPI broke privacy laws, because they were
collecting personal information without permission. Only government
authorities were allowed to create registers of criminal offences. The
DPA
now grants the organisations an exception from the law. APB and IFPI
maintain they do not keep extensive personal files, but just pass on the
IP addresses to providers or to the police.
>From the rulings it seems the anti-piracy group collected the IP
addresses
itself, with a computer program. In the Netherlands and in Ireland,
anti-piracy groups used the services of the US based company MediaSentry
to collect the IP addresses. Because this company does not comply with
European data protection legislation, ISPs in the Netherlands have
successfully objected against claims from the industry to hand-over
identifying data of their customers.
Green light to chase file-sharers (13.10.2005)
http://www.thelocal.se/article.php?ID=2282&date=20051013
Swedish DPA reprimands anti-piracy group (15.06.2005)
http://www.edri.org/edrigram/number3.12/sweden
Datainspektionen sdger ja till film- och musikbranschen (Swedish,
13.10.2005)
http://www.datainspektionen.se/nyhetsarkiv/nyheter/2005/oktober/2005-10-
13.shtml
===========================================================
7. Business Software Alliance lobbies against copyright levies
===========================================================
The Business Software Alliance has issued a report on the growing online
music market. According to the BSA, in western Europe alone it is
expected
to grow more than 500% by 2008 to 559.1 million euro, from 106.4 million
euro this year. The BSA states most of this content is protected by
digital rights management, thus making the current levies on recordable
media superfluous.
Quoting a report from the powerful German industry association Bitkom
about the fact most Germans pay around 150 euro per year on levies on
recordable media such as CDs and tapes, BSA calls on all national
governments in the EU to phase out the levy system.
The UK, Ireland and Luxembourg do not have a levy system, but in other
countries the levies are continuously rising. A previous BSA study
forecasted a 500% rise in private copy levies from 2002 to 2006 in
France,
Spain, Germany, the Netherlands and Italy.
"With DRM technology's expanding role in the market, levies have become
a
superfluous double tax on consumers," Francisco Mingorance, director of
public policy in Europe for the BSA, says in the press release. "Levies
were designed to compensate for unpoliceable private copying. But with
DRM, the rationale for levies disappears."
Civil rights activists arguing against the ever-expanding scope of
copyright levies might not use the same arguments. Digital rights
management brings many serious challenges to privacy and to the right of
access to information. In the worst scenario, DRM will allow the
entertainment industry total and minute control over every second of
music
or film we listen or view, on what device and where.
BSA press release (13.10.2005)
http://www.bsa.org/eupolicy/press/newsreleases/Study-Finds-Growing-Marke
t-for-DRM-Enabled-Online-Content-in-Europe.cfm
===========================================================
8. Google changes privacy policy
===========================================================
Google is offering more detailed information about how it collects and
uses personal data of internet users. Since 14 October Google has
expanded
its privacy policy outlining more details but little change in
substance.
Some key issues, such as how long personal data are kept, are not
answered
by the new privacy policy.
The new privacy policy is 'layered' and consists of a easy readable
short
version and a more comprehensive full version. Google has joined the US
safe harbour program in order to bring its data collection practices
more
in line with EU data protection principles. According to the safe
harbour
principles personal data can be accessed, corrected or removed by the
subject. But Google does put some serious limitations on those rights
saying that "extremely impractical" requests for removing will not be
honoured, "for instance, requests concerning information residing on
backup tapes". The problem does also apply to e-mail messages in Gmail,
Googles web e-mail service: "Residual copies of deleted messages and
accounts may take up to 60 days to be deleted from our active servers
and
may remain in our offline backup systems".
Google will use personal information to display customized content and
advertising, develop new services and ensure that its network continues
to
function. The practices aren't new but weren't explicit before. The
policy
is also more explicit on data security stressing not only that employees
have access on a need-to-know basis but will also be fired or criminally
prosecuted for violations.
The biggest omission in the privacy policy is however that it doesn't
put
any limit on how long personal data are kept and how data are removed
after it has fulfilled its purpose. The policy can only be read in such
a
way that Google keeps personal data forever.
In April 2004 Privacy International filed complaints about Google's
proposed Gmail service with privacy and data protection regulators in 17
countries. The complaint identifies a large number of possible breaches
of
EU law including the searching of email content and indefinite
retention.
Gmail scans e-mail content to display custom advertisements.
Google Privacy Policy (14.10.2005)
http://www.google.com/privacypolicy.html
Gmail Privacy Notice (14.10.2005)
http://gmail.google.com/gmail/help/privacy.html
Privacy International complaint (19.04.2004)
http://www.privacyinternational.org/issues/internet/gmail-complaint.pdf
More on Gmail and privacy (15.07.2004)
http://mail.google.com/mail/help/intl/en/more.html
Google's Privacy Policy In Layman's Words (15.10.2005)
http://blog.outer-court.com/archive/2005-10-15-n31.html
(Contribution by Maurice Wessling, EDRI-member Bits of Freedom)
===========================================================
9. Petition update: over 54.000 signatures
===========================================================
The EDRI and XS4ALL petition against data retention has attracted over
54.000 signatures, of which over 20.000 from the Netherlands (where the
campaign was launched), over 6.000 from Germany and 5.750 from Finland.
Runners-up in the daily country count are Bulgaria (over 3.000), Sweden
and Spain (over 2.000 each), Austria (over 1.500). Italy, the UK,
Belgium,
France, Slovenia and the US respectively, have each contributed over a
1.000 signatures.
Currently, 79 organisations and companies have signed in support of the
petition. The petition is available in 20 languages.
The campaign continues to invite signatures and support throughout
October
2005, when the Commission proposal is debated by the European
Parliament.
Meanwhile, the Council is still threatening to adopt a framework
decision
in the last official meeting this year, on 1 December 2005, if the
Parliament won't adopt data retention quick enough.
Petition
http://www.dataretentionisnosolution.com
http://www.stopdataretention.com
Petition WIKI
http://wiki.dataretentionisnosolution.com
===========================================================
10. Support EDRI!
===========================================================
European Digital Rights needs your help in upholding digital rights in
the
EU. Donations allow EDRI to hire part-time professional assistance in
Brussels and invest in targeted campaigns. With the plans for mandatory
data retention and the continuous erosion of digital civil rights, your
donation could make a huge difference.
If you wish to help us promote digital rights, please consider making a
private donation, or interest your organisation in sponsorship. We will
gladly send you a confirmation for any amount above 250 euro.
KBC Bank Auderghem-Centre, Chaussie de Wavre 1662, 1160 Bruxelles,
Belgium
EDRI Bank account nr.: 733-0215021-02
IBAN: BE32 7330 2150 2102
BIC: KREDBEBB
===========================================================
11. Agenda
===========================================================
Ongoing from 20 October 2005, Zurich, Switzerland
Biweekly talks about copyright, creative commons, netlabels etcetera in
the Rote Fabrik in Zurich
http://www.allmend.ch
25 October 2005, Vienna, Austria
28 October 2005, Bielefeld and Prague, Germany and Czech Republic
29 October 2005, Zurich, Switzerland
Presentations of the Big Brother Awards
International ceremony schedule
http://www.bigbrotherawards.org/
15-19 November 2005, Tunis, Tunesia
Word Summit on the Information Society (WSIS)
http://www.itu.int/wsis/
1-2 December 2005, London, UK, Patenting Lives
Conference in the Queen Mary Intellectual Property Research Institute.
The
call for papers closes on 26 August 2005 and invites abstracts on topics
such as Access to Knowledge, Consumer Aspects, Public Interest, Public
Goods, Public Domain and Human Rights.
http://www.patentinglives.org/conference.htm
27-31 December 2005, Berlin, Germany, 22nd CCC congress
http://www.ccc.de/
===========================================================
12. About
===========================================================
EDRI-gram is a biweekly newsletter about digital civil rights in Europe.
Currently EDRI has 21 members from 14 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, 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: 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 31, Issue 2
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