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July 2018
- 1371 participants
- 9656 discussions
Another option is to use a hosting service, a registry and registrar that are in a jurisdiction that is out of reach of US authorities..
here's a recent post from Byron Holland, the CEO of CIRA (the top level country code domain for Canada- .ca)
http://blog.cira.ca/2012/03/domain-name-seizures-and-ca/
Posted by: Byron Holland
Domain name seizures have been top-of-mind for many people lately.
It was one of the topics identified at the Canadian Internet Forum, and the high profile seizure …
[View More]by the U.S. government of the Canadian online gambling site bodog.com has been getting a lot ofmedia attention. This also isnbt the first time the U.S. government has seized domain names based on billegalb activity. In 2010, a number of .COM, .NET and .ORG domains were seized, and a country code top-level domain (ccTLD) operated by VeriSign in California, .TV, wasseized as well. In 2011, another 150 were seized.
For the most part, the Internet does not recognize national borders. Internet traffic is routed all over the globe, and itbs possible to register a domain using a wide variety of domain name extensions.
Herebs the thing b the stuff to the right of the dot matters: note that bodog.ca still resolves.
If you register a domain name with an extension that is managed in another country, it is likely subject to the laws of that country b full stop. If a website is found to be in violation of American law, and the domain for that site is an extension managed by a U.S. entity, the U.S. government may seize it.
If you keep your business in another country (in the case of Canada, register a .CA with a Canadian Registrar and use a Canadian web host), foreign governments canbt unilaterally seize it. CIRA has never been asked by a foreign government to shut down or seize a domain name.
The DNS root zone does fall under American jurisdiction with ICANN (through IANA) as the operator. However, ICANN has explicitly stated in a blog post that they do b not take down domain namesb and that they b have no technical or legal authority to do that.b
The fact is ICANN couldnbt cherry-pick domains even if it wanted to. If the U.S. government decided that they wanted to shut down a .CA website, and tried to do it through ICANN, they would have to shut down all of .CA in the root zone. This would involve cutting off every single .CA website and email address from the Internet, and theybre not going to do that for a number of reasons (not the least of which is the fact that shutting down the entire .CA domain space and everything in it would be a major international incident).
The global economy would freeze if the U.S. government took such an action. The underpinnings of the Internet would be completely undermined. Think about this: the U.S. government hasnbt even shut down the Internet in nations theybve been at war or have very strained relations with b Iraq, Libya, Iran are just a few examples b because the trust that supports the Internet is fundamental to the economic and social well-being of humanity. Given that, why would they shut down an entire top level domain over a single website?
The Internet has brought us incredible benefits, many due to the fact that it breaks down national and geographic borders. However, because of the very nature of the Internet b the fact that it is bvirtualb and bin the cloudb b most of us donbt tend to think of it being governed by the laws of a particular nation. But as the bodog.com case demonstrates, it is critically important to be aware of which jurisdiction your digital assets are in, and therefore what laws they may be subject to.
_______________________________________________
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----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.ativel.com http://postbiota.org
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
[View Less]
1
0
On 2012-06-14 6:15 AM, Brian Warner wrote:
> The "entire world as one community" case is what we call
> the "one grid to rule them all". There are a lot of
> engineering/scaling challenges to it (you need log(N) DHTs,
> supernodes), in addition to features needed by a
> mass-market product if you want that kind of scale (NAT
> handling, bandwidth limiting, automatic update, nice UI,
> easy installation, etc, etc).
On 2012-06-14 6:26 AM, Brian Warner wrote:
> Oh, one …
[View More]other thought: another challenge of Mojo Nation was
> that each file involved hundreds or thousands of backend
> blocks, and the overhead of finding/tracking/downloading
> all of them was pretty bad. If I remember right, the blocks
> came in fixed sizes (powers of two, up to maybe 1MB), and
> each included a little bit of data about all segments of
> the file (to avoid the "chunking" reliability problem). The
> result was high alacrity (you had to download the whole
> file before any part of it became readable, so no
> streaming) and really bad disk IO patterns on both upload
> and download.
This challenge, and its solution, (DHT, host discovery) corresponds to a
bittorrent magnet link, and the software that makes such links work.
This may well be the most widely used form of file sharing, so the way to
go is likely some kind of superset of this existing solution, if we think
of the task to solved as file sharing.
_______________________________________________
tahoe-dev mailing list
tahoe-dev(a)tahoe-lafs.org
https://tahoe-lafs.org/cgi-bin/mailman/listinfo/tahoe-dev
----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.ativel.com http://postbiota.org
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
[View Less]
1
0
Another option is to use a hosting service, a registry and registrar that are in a jurisdiction that is out of reach of US authorities..
here's a recent post from Byron Holland, the CEO of CIRA (the top level country code domain for Canada- .ca)
http://blog.cira.ca/2012/03/domain-name-seizures-and-ca/
Posted by: Byron Holland
Domain name seizures have been top-of-mind for many people lately.
It was one of the topics identified at the Canadian Internet Forum, and the high profile seizure …
[View More]by the U.S. government of the Canadian online gambling site bodog.com has been getting a lot ofmedia attention. This also isnbt the first time the U.S. government has seized domain names based on billegalb activity. In 2010, a number of .COM, .NET and .ORG domains were seized, and a country code top-level domain (ccTLD) operated by VeriSign in California, .TV, wasseized as well. In 2011, another 150 were seized.
For the most part, the Internet does not recognize national borders. Internet traffic is routed all over the globe, and itbs possible to register a domain using a wide variety of domain name extensions.
Herebs the thing b the stuff to the right of the dot matters: note that bodog.ca still resolves.
If you register a domain name with an extension that is managed in another country, it is likely subject to the laws of that country b full stop. If a website is found to be in violation of American law, and the domain for that site is an extension managed by a U.S. entity, the U.S. government may seize it.
If you keep your business in another country (in the case of Canada, register a .CA with a Canadian Registrar and use a Canadian web host), foreign governments canbt unilaterally seize it. CIRA has never been asked by a foreign government to shut down or seize a domain name.
The DNS root zone does fall under American jurisdiction with ICANN (through IANA) as the operator. However, ICANN has explicitly stated in a blog post that they do b not take down domain namesb and that they b have no technical or legal authority to do that.b
The fact is ICANN couldnbt cherry-pick domains even if it wanted to. If the U.S. government decided that they wanted to shut down a .CA website, and tried to do it through ICANN, they would have to shut down all of .CA in the root zone. This would involve cutting off every single .CA website and email address from the Internet, and theybre not going to do that for a number of reasons (not the least of which is the fact that shutting down the entire .CA domain space and everything in it would be a major international incident).
The global economy would freeze if the U.S. government took such an action. The underpinnings of the Internet would be completely undermined. Think about this: the U.S. government hasnbt even shut down the Internet in nations theybve been at war or have very strained relations with b Iraq, Libya, Iran are just a few examples b because the trust that supports the Internet is fundamental to the economic and social well-being of humanity. Given that, why would they shut down an entire top level domain over a single website?
The Internet has brought us incredible benefits, many due to the fact that it breaks down national and geographic borders. However, because of the very nature of the Internet b the fact that it is bvirtualb and bin the cloudb b most of us donbt tend to think of it being governed by the laws of a particular nation. But as the bodog.com case demonstrates, it is critically important to be aware of which jurisdiction your digital assets are in, and therefore what laws they may be subject to.
_______________________________________________
liberationtech mailing list
liberationtech(a)lists.stanford.edu
Should you need to change your subscription options, please go to:
https://mailman.stanford.edu/mailman/listinfo/liberationtech
If you would like to receive a daily digest, click "yes" (once you click above) next to "would you like to receive list mail batched in a daily digest?"
You will need the user name and password you receive from the list moderator in monthly reminders. You may ask for a reminder here: https://mailman.stanford.edu/mailman/listinfo/liberationtech
Should you need immediate assistance, please contact the list moderator.
Please don't forget to follow us on http://twitter.com/#!/Liberationtech
----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.ativel.com http://postbiota.org
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
[View Less]
1
0
On 2012-06-14 6:15 AM, Brian Warner wrote:
> The "entire world as one community" case is what we call
> the "one grid to rule them all". There are a lot of
> engineering/scaling challenges to it (you need log(N) DHTs,
> supernodes), in addition to features needed by a
> mass-market product if you want that kind of scale (NAT
> handling, bandwidth limiting, automatic update, nice UI,
> easy installation, etc, etc).
On 2012-06-14 6:26 AM, Brian Warner wrote:
> Oh, one …
[View More]other thought: another challenge of Mojo Nation was
> that each file involved hundreds or thousands of backend
> blocks, and the overhead of finding/tracking/downloading
> all of them was pretty bad. If I remember right, the blocks
> came in fixed sizes (powers of two, up to maybe 1MB), and
> each included a little bit of data about all segments of
> the file (to avoid the "chunking" reliability problem). The
> result was high alacrity (you had to download the whole
> file before any part of it became readable, so no
> streaming) and really bad disk IO patterns on both upload
> and download.
This challenge, and its solution, (DHT, host discovery) corresponds to a
bittorrent magnet link, and the software that makes such links work.
This may well be the most widely used form of file sharing, so the way to
go is likely some kind of superset of this existing solution, if we think
of the task to solved as file sharing.
_______________________________________________
tahoe-dev mailing list
tahoe-dev(a)tahoe-lafs.org
https://tahoe-lafs.org/cgi-bin/mailman/listinfo/tahoe-dev
----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.ativel.com http://postbiota.org
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
[View Less]
1
0

Re: [liberationtech] 29C3 whistleblower panel: Radack, Drake, Binney
by Fabio Pietrosanti (naif) 06 Jul '18
by Fabio Pietrosanti (naif) 06 Jul '18
06 Jul '18
On 1/2/13 8:27 AM, Gregory Foster wrote:
>
> Within the first minute of his talk (~1:28:36), William Binney
> describes the legal and intellectual property guidance he received
> when retiring from the NSA to set the scene for an announcement that
> he has created a "commercial product" which describes a software
> architecture akin to ThinThread:
Reading from the Wikipedia's relevant page
https://en.wikipedia.org/wiki/ThinThread about the software the NSA's
folks was trying …
[View More]to use, it seems much like that today they would be
just making/using a Palantir's plug-in (http://www.palantir.com/) to do
so, connected to the right set of databases .
It would be nice a FOIA request to know which kind software and/or
software manufacturer get used by US Security Agencies in handling
"phone call logs" and/or "email logs" and/or "mobile phone's location
data" .
We may spot the company where are the NSA's whistleblowers of tomorrow ;-)
-naif
--
Unsubscribe, change to digest, or change password at: https://mailman.stanford.edu/mailman/listinfo/liberationtech
----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.ativel.com http://postbiota.org
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
[View Less]
1
0
On Wed, Dec 5, 2012 at 1:19 PM, Mark Nuzzolilo II <nuzz604(a)gmail.com> wrote:
> I'll take a copy if its not a classified document or anything like that
>
There's an even better way:
http://boingboing.net/2012/12/05/leaked-itus-secret-internet.html
Thanks to Asher Wolf of Telecomix for getting hold of the official version
and sending it to Boing Boing. Amazing what "please" and "thank you" will
still get you... their trying to convince her to treat it as sensitive
after the fact …
[View More]was grin worthy, too.
--
The Doctor [412/724/301/703] [ZS (MED)]
https://drwho.virtadpt.net/
"I am everywhere."
--
--
Zero State mailing list:
http://groups.google.com/group/DoctrineZero
----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.ativel.com http://postbiota.org
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
[View Less]
1
0

06 Jul '18
This has made quite a wave in Germany, but seemingly not enough anywhere
else:
http://www.wired.com/dangerroom/2012/11/russia-surveillance/all/
On the surface, itbs all about protecting Russian kids from internet
pedophiles. In reality, the Kremlinbs new b Single Registerb of banned
websites, which goes into effect today, will wind up blocking all kinds of
online political speech. And, thanks to the spread of new
internet-monitoring technologies, the Register could well become a …
[View More]tool
for spying on millions of Russians.
A joint investigation by Agentura.Ru, CitizenLab and Privacy
International.
--
ilf
C ber 80 Millionen Deutsche benutzen keine Konsole. Klick dich nicht weg!
-- Eine Initiative des Bundesamtes fC<r Tastaturbenutzung
--
Unsubscribe, change to digest, or change password at: https://mailman.stanford.edu/mailman/listinfo/liberationtech
----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.ativel.com http://postbiota.org
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
[View Less]
1
0

06 Jul '18
1
0
============================================================
EDRi-gram
biweekly newsletter about digital civil rights in Europe
Number 7.24, 16 December 2009
============================================================
Contents
============================================================
1. European Civil Society Data Protection Award launched by AEDH and EDRi
2. German Constitutional Court held hearing on data retention
3. Spain discusses shutting down websites without …
[View More]court order
4. The Netherlands promises transparancy regarding wiretapping
5. Future of MySQL investigated by the European Commission
6. EDPS worries about extended powers of agency running EC databases
7. The new Swedish anti-piracy law stirs things for file sharers
8. Italy: The Anopticon project - putting surveillance back in its place
9. ENDitorial: What the conquistadores can teach us about ACTA
10. Recommended Reading
11. Agenda
12. About
============================================================
Seasonal Greetings
============================================================
EDRi sends to all its subscribers best wishes for the New Year and Happy
Christmas holidays !
The next issue of EDRi-gram, number 8.1, will be published on 13 January
2010.
============================================================
1. European Civil Society Data Protection Award launched by AEDH and EDRi
============================================================
AEDH (European Association for the Defence of Human rights) and EDRi
(European Digital Rights) is launching the first edition of the European
Civil Society Data Protection Award (ECSDPA). The prize aims at rewarding
positive initiatives contributing to the visibility and effectiveness of the
right to privacy and to the protection of personal data in Europe. The
ECSDPA prize will be awarded each year on 28 January, as a European Civil
Society contribution to the Data Protection Day.
Such achievements and initiatives have to enhance public awareness,
stimulate creative and constructive input and favour useful exchanges of
information at any level, from the very local neighbourhood to the whole
European continent.
The award is open to all non-governmental organisations, trade unions,
non-profit institutions and any other civil society actor from the 47 member
States of the Council of Europe. The ECSDPA winner will benefit from a one
week lobbying training in Brussels, travel expenses and lodging being fully
covered.
The ECSDPA initiative, the first of its kind, has been made possible thanks
to the support of The Law Science Technology & Society Research Group of the
Vrije Universiteit Brussel (LSTS/VUB) and The Flemish-Dutch House deBuren.
The deadline for submitting nominations is 15 January 2010. Nominations
should be sent to: nominations at ecsdpa dot org.
Operational details about the prize, including application and selection
procedures
http://www.ecsdpa.org.
Press release PDF Format (15.12.2009)
http://www.edri.org/files/ECSDPA-PR-151209en.pdf
Press release in French: AEDH-EDRi Prix europien de la sociiti civile pour
la protection des donnies personnelles: L'Appel a nominations est ouvert
http://www.edri.org/files/ECSDPA-PR-151209fr.pdf
Press release in German: AEDH-EDRi European Civil Society Data Protection
Award: Aurfruf zur Nominierung / Einreichung
http://www.edri.org/ecsdpa/press-release/Award-Aurfruf-zur-Nominierung-Einr…
Press release in Spanish: Primera edicisn del Premio Europeo de la Sociedad
Civil a la Proteccisn de Datos Personales
http://www.edri.org/ecsdpa/press-release/Abierta-la-convocatoria-de-candida…
Announcement in Dutch - Europese burgerrechtenorganisaties organiseren
positieve privacy-prijs
https://www.bof.nl/2009/12/15/europese-burgerrechtenorganisatie-positieve-p…
Call for ECSDPA - PDF format (15.12.2009)
http://www.edri.org/files/Call_European_Civil_Society_Data_Protection_Award…
============================================================
2. German Constitutional Court held hearing on data retention
============================================================
The German Constitutional Court held a hearing on 15 December 2009 in the
largest constitutional case ever regarding the local implementation of the
data retention law. The motion has been supported by over 34 000 people. The
law has already been limited by the court with two earlier interim measures.
The new Justice Minister Sabine Leutheusser-Schnarrenberger is in an awkward
position, as she has joined the action against the law as a member of the
opposition. But now she also needs to represent the Government in supporting
the law in front of the Court.
Constitutional Court President Hans-J|rgen Papier said at the beginning of
the hearing that the complaint raises fundamental questions about the
relationship between freedom and security.
During the hearing the Green Party politician Volker Beck, warned of a
"black day for the Magna Carta of privacy." Constanze Kurz of the
EDRi-member Chaos Computer Club warned about the potential abuses of the
retained data and that their combination with other data
could lead to a precise overview of every movement of the citizens. The
concerns were confirmed by the German Federal Data Protection Supervisor
Peter Schaar who explained that the mobile phone companies retained more
location data than just the network cell where the user was.
The hearing also included information from independent experts. The Dresden
computer science professor Andreas Pfitzmann explained how the retention of
communications data threatened and weakened significantly the democratic
society.
For the constitutionality of the law spoke Christopher Moller,
representative of the Federal Government in the proceedings, who, however,
conceded that the legislation restricted the basic rights by the retention
of telecommunication data. The government representative was questioned by
the judges who were very critical to his assertions.
The Government representative was also backed by Police representatives who
showed examples when the law could be useful, and the representatives of the
Federal Music Industry and Association of German Publishers.
A verdict is expected from the court in two to three months.
Live coverage of the hearing (only in German, 15.12.2009)
http://www.netzpolitik.org/2009/ticker-muendliche-anhoerung-zur-vorratsdate…
Press release of the data retention working group (only in German,
15.12.2009)
http://www.vorratsdatenspeicherung.de/content/view/344/55/lang,de/
Retention before the Federal Constitutional Court: Critical issues, serious
concerns (only in German, 15.12.2009)
http://www.heise.de/newsticker/meldung/Vorratsdatenspeicherung-vor-dem-Bund…
Germany's largest-ever class action suit kicks off (15.12.2009)
http://www.google.com/hostednews/afp/article/ALeqM5huG0kV5ePFTymKEAu8WzwLVr…
============================================================
3. Spain discusses shutting down websites without court order
============================================================
Despite the recent statements of Spanish culture Minister Angeles
Gonzalez-Sinde and the warnings received from Commissioner Reding, the
Spanish Government announced at the beginning of December 2009 a proposal
that may lead to shutting down websites that offer P2P file sharing of music
and films, without the necessity of a court order.
The draft law for Sustainable Economy that may come into force in 2010, if
approved by the Parliament, includes a modification that introduces an
Intellectual Property Commission which will have the power to shut down web
sites considered as illegally sharing cultural copyrighted content.
The proposal has brought forth the vivid reaction of Internet users, media
representatives, bloggers, professionals and creators. The meeting that took
place on 3 December between the representatives of opponents to the draft
law and Sinde did not succeed in getting any results due to the large
differences of opinions.
Sinde continues to state that the proposed legislation will not target
individual Internet users who download material but web sites that illegally
offer the possibility of downloading copyrighted works and that in no case
would anyone's Internet connection be cut off. Prime Minister Jose Luis
Rodriguez Zapatero also stated the proposed legislation would not threaten
the freedom of expression and that it was not the intention of the
government to close down web sites.
According to the bill, the Intellectual Property Commission will have the
power to investigate complaints about Web sites offering the possibility of
P2P downloading and, in case it considers the respective websites make money
from other people's work, it may close them down. In order to find the sites
that infringe the law, the Commission may ask ISPs for the data they deem
necessary to identify the respective web sites and the ISPs will be obliged
to provide this information. Once the infringement considered proven, the
Commission will send warnings to the alleged infringers in order to cease
the downloading activity. And finally, if the web sites do not comply, the
Commission may require the blocking of the sites or the removal of the
illegally shared content.
The opponents of the bill accuse the Spanish Government of trying to create
a "Culture Police". "The page with most links to copyright-protected
content is Google. Are we going to close Google without a judicial order?"
asked Victor Domingo, president of the Spanish Association of Internet
Users.
Despite the Prime Minister's statement that web sites will not be
shut down without a court order and that the law will not address the
private individuals, several experts and legal advisers show that the draft
law contradicts him. In their opinion, the text of the draft law is
ambiguous, leaving very much room for interpretation. It also obliges the
Internet service operators to reveal information on their users that may
lead to blocking Internet connections or to finding out the entire one-year
downloading history of a user.
The large number of opponents have spontaneously created a manifesto against
the propose legislation which says amongst another things that "copyright
should not be placed above citizens' fundamental rights to privacy,
security, presumption of innocence, effective judicial protection and
freedom of expression" and that "the Internet must function freely and
without political interference spurred by interested sectors trying to
perpetuate an obsolete business model and to prevent human knowledge from
continuing to be free."
For the present, in Spain, downloading copyrighted material, although
illegal, it is not a criminal offence and the courts consider the law is
infringed only when the downloading is done for commercial profit.
Proposal of Web shutdown power angers Spanish Internet users (3.12.2009)
http://www.siliconvalley.com/news/ci_13918879
Dangerous Anti-sharing Law in Spain (3.12.2009)
http://www.laquadrature.net/en/dangerous-anti-sharing-law-in-spain
The cultural "police" of the Internet will be born (only in Spanish,
2.12.2009)
http://www.elpais.com/articulo/cultura/Nace/policia/cultural/Internet/elpep…
The anti-downloading law revives the confrontation between the cultural
industry and the Internet community (only in Spanish, 2.12.2009)
http://www.elpais.com/articulo/cultura/ley/antidescargas/aviva/enfrentamien…
The manifest "In the defence of the fundamental rights on the Internet"(in
Spanish, 2.12.2009)
http://www.internautas.org/html/5871.html
We don't believe Zapatero (only in Spanish, 12.12.2009)
http://www.internautas.org/html/5889.html
EDRi-gram: Spain warned by Commissioner Reding for cutting off Internet
access (2.12.2009)
http://www.edri.org/edrigram/number7.23/reading-warns-spain-3-strikes
============================================================
4. The Netherlands promises transparancy regarding wiretapping
============================================================
The Dutch Minister of Justice promised on 26 November 2009 at the request of
the Dutch Parliament to provide more transparency regarding wiretapping. The
Dutch government is placing relatively many taps on a per-capita basis,
compared to other countries. During a debate in the Parliament, members of
Parliament voiced their concerns on the lack of transparency and insisted on
more accountability.
In reaction, the Minister of Justice indicated firstly that the
government would provide information on how many internet-taps are
placed. It also promised to commission a report regarding the
effectiveness of wiretapping. The report will touch on whether the
amount of wiretaps is necessary, and to what extent the notification
obligation is being complied with. The notification obligation is the
obligation to inform persons that they have been tapped. The report will
also touch on how many times a request for authorisation to apply a
wiretap has been denied by the court.
Bits of Freedom, in preparation of the debate, wrote a paper
to members of Parliament, insisting on more accountability. The paper
was written with the aid of several volunteers.
Briefing Bits of Freedom to members of Parliament (only in Dutch,
23.11.2009)
http://www.bof.nl/kamerbriefing231109.pdf
(contribution by Ot van Daalen - EDRi-member Bits of Freedom - Netherlands)
============================================================
5. Future of MySQL investigated by the European Commission
============================================================
The acquisition of Sun Microsystems by Oracle is investigated by the
European Commission for its potential anti-competition effects, including
the future role of MySQL as an open source database software owned by
Oracle.
The debate between opponents and supporters of the merger has been tenser in
the past weeks, after Oracle called on its biggest customers to support its
position in the hearings at the European Commission, while the creator of
the MySQL Monty Widenius made a public appeal to the open source community
to reject the terms of this acquisition, unless Oracle commits to a series
of issues that will make sure MySQL will not die:
"So I just don't buy it that Oracle will be a good home for MySQL. A weak
MySQL is worth about one billion dollars per year to Oracle, maybe more. A
strong MySQL could never generate enough income for Oracle that they would
want to cannibalize their real cash cow. I don't think any company has ever
done anything like that."
Oracle attacked on 14 December 2009 by making public a series of 10 public
commitments in order to asssure the public and the European Commission of
its firm decision to continue its investment in research for MySQL and "to
enhance MySQL in the future under the GPL."
The move appears to soften the position of the European regulators that will
decide at the end of January 2010 on this merger, after the US Department of
Justice has already confirmed the deal. The Commission states that the
"announcement by Oracle of a series of undertakings to customers, developers
and users of MySQL is an important new element to be taken into account in
the ongoing proceedings."
The critics haven't been convinced of the new commitments, with
Florian Mueller, an open critic of the deal, classifying them as "purely
cosmetic". He also pointed out that the 5-year limit for the Oracle's public
commitments is not enough.
Other members of the civil society have already backed the criticism to this
deal with a public letter of the Knowledge Ecology International, Richard
Stallman and EDRi-member Open Rights Group asking the Commission to block
the acquisition.
The letter addressed to the EC officials explains that "Oracle seeks to
acquire MySQL to prevent further erosion of its share of the market for
database software licenses and services, and to protect the high prices now
charged for its proprietary database software licenses and services.
If Oracle is allowed to acquire MySQL, it will predictably limit the
development of the functionality and performance of the MySQL software
platform, leading to profound harm to those who use MySQL software to power
applications."
Letter to the EC opposing Oracle's acquisition of MySQL (19.10.2009)
http://keionline.org/ec-mysql
Oracle pledge pushes Sun deal forward (14.12.2009)
http://www.ft.com/cms/s/0/5d57f36c-e89a-11de-9c1f-00144feab49a.html
Monty says: Help Saving MySQL (12.12.2009)
http://monty-says.blogspot.com/2009/12/help-saving-mysql.html
Oracle's pledges on MySQL are 'purely cosmetic', say critics (14.12.2009)
http://www.itworld.com/government/89093/oracles-pledges-mysql-are-purely-co…
Oracle users tell EU Sun deal not anticompetitive (10.12.2009)
http://www.reuters.com/article/idUSGEE5B92H020091210
============================================================
6. EDPS worries about extended powers of agency running EC databases
============================================================
Although not opposed to the creation by the European Commission of a
security agency that would be in charge of EU visa and asylum databases,
EDPS Peter Hustinx issued an opinion on 7 December 2009 showing his concern
related to the expansion of the agency powers.
The Commission has proposed the creation of an agency that would run the
databases used for the Schengen Information System (SIS II) on cross-border
travel within the EU, the Visa Information System and EURODAC, the asylum
seeker database.
Hustinx is worried because the Commission's proposal says that, besides
running the respective databases, the agency should also manage other
large-range IT projects. The EDPS believes that certain risks on the privacy
of individuals should be "sufficiently addressed in the founding legislative
instrument(s)," and urged the Commission to limit the powers of the agency.
"The creation of an Agency for such large-scale databases must be based on
legislation which is unambiguous about the competences and the scope of
activities of the Agency. Such clarity would prevent any future
misunderstanding about the conduct of the agency and avoid the risk of
function creep. As currently drafted, the proposals do not meet those
standards."
The EDPS's opinion is that entrusting more such large-scale IT projects to
the same body would increase the risk of mistakes and wrongful use of
personal data. "The total number of large-scale IT systems managed by one
and the same Agency should therefore be restricted to a number with which
the data protection safeguards can still sufficiently be assured. In other
words, the point of departure should not be to bring as many large-scale
IT-systems as possible under the operational management of one Agency."
The risk is even greater as in terms of interoperability "similar technology
will be used for all systems which can therefore easily be interconnected."
For the improvement of the EC proposal, the EDPS recommends the legislator
to clarify and decide whether the scope of activities of the Agency "should
potentially cover all large-scale IT systems developed in the area of
freedom, security and justice" and "to clarify the notion of large-scale IT
systems in relation to the establishment of the Agency, and make clear
whether it is limited to such systems which have as a feature the storage of
data in a centralised database for which the Commission or the Agency is
responsible".
Huntinx also "encourages the legislator, in the context of the proposed
pilot schemes, to clarify the procedure which the Commission should follow
before requesting for a pilot scheme. According to the EDPS, such a
procedure should include an assessment, which might require a consultation
of the European Parliament and the EDPS, of the possible impact on data
protection of the initiative developed following such a request."
Security database super-agency's powers should be limited, says EU privacy
watchdog (8.12.2009)
http://www.out-law.com//default.aspx?page=10586
Opinion of the European Data Protection Supervisor - on the proposal for a
Regulation establishing an Agency for the operational management of
large-scale IT systems in the area of freedom, security and
justice (7.12.2009)
http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/Consu…
EDPS sees advantages of new Agency for large-scale IT systems, but urges the
legislator to better define its scope of activities (7.12.2009)
http://europa.eu/rapid/pressReleasesAction.do?reference=EDPS/09/14&format=H…
============================================================
7. The new Swedish anti-piracy law stirs things for file sharers
============================================================
As already foreseen this summer, the Swedish recording industry is using the
new anti-piracy IPRED law to chase filesharers.
On 7 December 2009, the Swedish branch of the International Federation of
the Phonographic Industry (IFPI) filed a suit with the district court in
Stockholm against Direct Connect (DC) file sharing network, trying to force
the site to reveal the identity of a user suspected of illegal file sharing.
IPFI has investigated a number of file sharing cases until now but this is
the first case they have decided to go to court with. "We want to take one
at a time. It's a new law and we have to learn how to do this, what the
courts want in terms of evidence to be sure that they're not compromising
anyone's privacy," stated Ludvig Werner, head of IFPI in Sweden.
IFPI has decided to take DC to court although the network is no longer the
strongest on the market. "BitTorrent technology is superior for moving large
files, but DC is more of a social network. You connect to a hub and are
there throughout the day, chatting and exchanging files with one another,
sort of like a youth recreation centre on the internet, even if it's not
only young people who are there."
The dramatic 40% drop in the Internet traffic even the night before the law
entered into force on 1 April 2009 (according to the statistics of an ISP
coordination organisation) seemed to contradict the experts who had believed
IPRED would not have such a big effect on file sharing in Sweden.
Yet, after the serious decline in April, file sharing has gradually
recovered and in November the Internet traffic surpassed the previous
all-time high, reported in March. Certainly, there are other factors besides
file sharing that might have contributed to the increase of the traffic.
"There is guaranteed to be certain increase in file sharing, but it isn't
possible to tell exactly how much. (...) Then you have the illegal video
streaming sites, which aren't file sharing in the traditional sense, but
which play the same role for users. Watching a movie via a streaming video
directly in your web browser is becoming more and more popular" said
researcher Kristoffer Schollin. In his opinion, in time, these video
steaming sites might gain field in front of file sharing. Anyway, it appears
that file-sharing is still increasing.
Music industry to test Sweden's anti-piracy law (7.12.2009)
http://www.thelocal.se/23698/20091207/
File sharing in Sweden nears record high (6.12.2009)
http://www.thelocal.se/23680/20091206/
EDRi-gram: Swedish court: IP addresses are personal data (1.07.2009)
http://www.edri.org/edri-gram/number7.13/sweden-ip-addresses-personal-data
============================================================
8. Italy: The Anopticon project - putting surveillance back in its place
============================================================
Nowadays, CCTVs are the practical implementation of the "Panopticon",
theorised in 1791 by Jeremy Bentham as the "ideal prison", one that
keeps people in place by using their natural fear of being surveilled.
The Anopticon project is a reaction to the huge rise in CCTVs
installations in Italian cities. Information on CCTVs - where they
are, what they point at, which area is being surveilled - is collected
by members of the project and put online, publicly accessible via
the "Big Brother Viewer". The project has already concluded that a
large part of CCTVs does not provide the "information notice" required
by Legislative Decree 196/2003 (which implements the Data Protection
Directive in Italy).
The project started in Venice, but it soon spread to other cities including
Padova, Foggia, Urbino and Solero (Alessandria). More and
more "anopticon groups" are born, to contribute to the Big Brother
map. Anyone from anywhere can join in.
The Anopticon project has also launched the "Denounce illegal CCTVs"
campaign: every surveillance device that does not respect Italian data
protection law (including the need for an "information notice") will
be signalled to the Italian Data Protection Authority, without
excluding formal complaints for the more powerful and invasive
surveillance systems such as the "Argos" and "Hydra" systems being
implemented in Venice which are able to automatically track the
movement of boats and people.
The Anopticon project - Big Brother Viewer
http://www.tramaci.org/anopticon
(contribution by Epto)
============================================================
9. ENDitorial: What the conquistadores can teach us about ACTA
============================================================
When the conquistadores arrived in the Americas, historians tell us that the
viruses that they carried caused devastation among the indigenous
populations. For the European invaders, who had been subject to the viruses
for longer, the illnesses, while still sometimes deadly, were less dangerous
than for populations that had not yet been exposed to them. With ACTA as the
future EU and US template for free trade agreements with countries around
the globe, is this the virus that risks killing free speech, democracy,
privacy and access to knowledge even more readily in developing countries
than in the countries where it was conceived?
Within the EU, a certain amount of resistance has been developed over the
years to excessive, destructive and anti-democratic attempts to strangle
fundamental principles of civil and human rights. For example, France's
original "HADOPI" proposal stumbled over the nation's constitution when it
attempted to overturn centuries of legal tradition by undermining the basic
principle of "innocent until proven guilty." Similarly, the European
Parliament, faced with the threats appearing in France, the UK and
elsewhere, defended the rights of citizens by squeezing every legally
possible guarantee out of the famous "amendment 138" in the telecoms
package.
The UK, unfortunately, is still in a critical condition as its government
feverishly tries to destroy the concept of a free and open Internet with its
"Digital Britain" proposals. It remains to be seen whether that country's
democratic safeguards, such as its unwritten constitution and its Human
Rights Act will be enough to protect its citizens. Maybe it will be an
imaginative web 2.0 campaign by an opposition party in the upcoming national
elections that will create a flashmob of the polling stations to disconnect
politicians from office if they support narrow business interests ahead of
their voters' rights.
All of these protections are not available in many of the countries that the
EU and US would plan to reach free trade agreements with in the future -
agreements that will be based on ACTA. Measures like intermediary liability
take on a vastly different meaning in the absence of robust legal defences
of civil rights. What happens when Internet access providers are made liable
for illicit online content, when they are given an incentive to carry out
surveillance on their consumers in the absence of human rights law, in the
absence of privacy legislation, in the absence of a democratically-elected
government or in the absence of competition?
The EU and US will not wish to tie their own hands by demanding strict human
rights or privacy protections when imposing ACTA measures on other
countries. In any event, even if they wanted to, they could not replicate
Europe's experience of 50 years of human rights legislation. Once Internet
access providers have paid for the technology to filter and control their
consumers' access, the next logical step will be to monetise this control
through a non-neutral Internet - one which governments will also be tempted
to exploit in the same way as broadcast and print media are frequently
exploited to undermine democracy in many countries today.
Only months after entering into force, what will be left of the Lisbon
Treaty's goal of developing and consolidating "democracy and the rule of
law, and respect for human rights and fundamental freedoms" if ACTA becomes
the vehicle for undermining civil liberties across the globe?
Digital Britain
http://www.culture.gov.uk/what_we_do/broadcasting/5631.aspx
Telecoms package overview
http://en.wikipedia.org/wiki/Telecoms_Package
EDRi-gram: ENDitorial: Mobilizing to Stop ACTA (18.11.2009)
http://www.edri.org/edrigram/number7.22/acta-mobilizing-to-stop
(contribution by Joe McNamee - EDRi)
============================================================
10. Recommended Reading
============================================================
Report of the 3rd PrivacyOS in Vienna
https://www.privacyos.eu/index.php?option=com_content&view=category&layout=…
Web inventor: 'Snooping' authorities threaten Internet
http://www.euractiv.com/en/infosociety/web-inventor-snooping-authorities-th…
============================================================
11. Agenda
============================================================
27-30 December 2009, Berlin, Germany
26th Chaos Communication Congress
http://events.ccc.de/congress/2009/
20-22 January 2010, Namur, Belgium
The Conference for the 30th Anniversary of the CRID - An Information Society
for All : A Legal Challenge
http://www.crid.be/30years/
29-30 January 2009, Turin, Italy
"Cultural Commons" - First International Workshop
http://www.css-ebla.it/css/
29-30 January 2009, Brussels, Belgium
Third edition of the Computers, Privacy and Data Protection -
CPDP 2010 - An Element of Choice
http://www.cpdpconferences.org/
5 February 2009, Amsterdam, Netherlands
Big Brother Awards Netherlands 2010
Candidates for nominations until 12 January to:
kandidaten at bigbrotherawards.nl
https://www.bof.nl/2009/12/08/geef-kandidaten-op-voor-de-big-brother-awards…
6-7 February 2010, Brussels, Belgium
FOSDEM 2010
http://www.fosdem.org/2010/
29-30 April 2010
EuroDIG 2010
http://www.eurodig.org/
26-28 May 2010, Amsterdam, Netherlands
World Congress on Information Technology
http://www.wcit2010.com/
9-11 July 2010, Gdansk, Poland
Wikimedia 2010 - the 6th annual Wikimedia Conference
http://meta.wikimedia.org/wiki/Wikimania_2010
============================================================
12. About
============================================================
EDRI-gram is a biweekly newsletter about digital civil rights in Europe.
Currently EDRI has 27 members based or with offices in 17 different
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Except where otherwise noted, this newsletter is licensed under the
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Newsletter editor: Bogdan Manolea <edrigram(a)edri.org>
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============================================================
EDRi-gram
biweekly newsletter about digital civil rights in Europe
Number 7.24, 16 December 2009
============================================================
Contents
============================================================
1. European Civil Society Data Protection Award launched by AEDH and EDRi
2. German Constitutional Court held hearing on data retention
3. Spain discusses shutting down websites without …
[View More]court order
4. The Netherlands promises transparancy regarding wiretapping
5. Future of MySQL investigated by the European Commission
6. EDPS worries about extended powers of agency running EC databases
7. The new Swedish anti-piracy law stirs things for file sharers
8. Italy: The Anopticon project - putting surveillance back in its place
9. ENDitorial: What the conquistadores can teach us about ACTA
10. Recommended Reading
11. Agenda
12. About
============================================================
Seasonal Greetings
============================================================
EDRi sends to all its subscribers best wishes for the New Year and Happy
Christmas holidays !
The next issue of EDRi-gram, number 8.1, will be published on 13 January
2010.
============================================================
1. European Civil Society Data Protection Award launched by AEDH and EDRi
============================================================
AEDH (European Association for the Defence of Human rights) and EDRi
(European Digital Rights) is launching the first edition of the European
Civil Society Data Protection Award (ECSDPA). The prize aims at rewarding
positive initiatives contributing to the visibility and effectiveness of the
right to privacy and to the protection of personal data in Europe. The
ECSDPA prize will be awarded each year on 28 January, as a European Civil
Society contribution to the Data Protection Day.
Such achievements and initiatives have to enhance public awareness,
stimulate creative and constructive input and favour useful exchanges of
information at any level, from the very local neighbourhood to the whole
European continent.
The award is open to all non-governmental organisations, trade unions,
non-profit institutions and any other civil society actor from the 47 member
States of the Council of Europe. The ECSDPA winner will benefit from a one
week lobbying training in Brussels, travel expenses and lodging being fully
covered.
The ECSDPA initiative, the first of its kind, has been made possible thanks
to the support of The Law Science Technology & Society Research Group of the
Vrije Universiteit Brussel (LSTS/VUB) and The Flemish-Dutch House deBuren.
The deadline for submitting nominations is 15 January 2010. Nominations
should be sent to: nominations at ecsdpa dot org.
Operational details about the prize, including application and selection
procedures
http://www.ecsdpa.org.
Press release PDF Format (15.12.2009)
http://www.edri.org/files/ECSDPA-PR-151209en.pdf
Press release in French: AEDH-EDRi Prix europien de la sociiti civile pour
la protection des donnies personnelles: L'Appel a nominations est ouvert
http://www.edri.org/files/ECSDPA-PR-151209fr.pdf
Press release in German: AEDH-EDRi European Civil Society Data Protection
Award: Aurfruf zur Nominierung / Einreichung
http://www.edri.org/ecsdpa/press-release/Award-Aurfruf-zur-Nominierung-Einr…
Press release in Spanish: Primera edicisn del Premio Europeo de la Sociedad
Civil a la Proteccisn de Datos Personales
http://www.edri.org/ecsdpa/press-release/Abierta-la-convocatoria-de-candida…
Announcement in Dutch - Europese burgerrechtenorganisaties organiseren
positieve privacy-prijs
https://www.bof.nl/2009/12/15/europese-burgerrechtenorganisatie-positieve-p…
Call for ECSDPA - PDF format (15.12.2009)
http://www.edri.org/files/Call_European_Civil_Society_Data_Protection_Award…
============================================================
2. German Constitutional Court held hearing on data retention
============================================================
The German Constitutional Court held a hearing on 15 December 2009 in the
largest constitutional case ever regarding the local implementation of the
data retention law. The motion has been supported by over 34 000 people. The
law has already been limited by the court with two earlier interim measures.
The new Justice Minister Sabine Leutheusser-Schnarrenberger is in an awkward
position, as she has joined the action against the law as a member of the
opposition. But now she also needs to represent the Government in supporting
the law in front of the Court.
Constitutional Court President Hans-J|rgen Papier said at the beginning of
the hearing that the complaint raises fundamental questions about the
relationship between freedom and security.
During the hearing the Green Party politician Volker Beck, warned of a
"black day for the Magna Carta of privacy." Constanze Kurz of the
EDRi-member Chaos Computer Club warned about the potential abuses of the
retained data and that their combination with other data
could lead to a precise overview of every movement of the citizens. The
concerns were confirmed by the German Federal Data Protection Supervisor
Peter Schaar who explained that the mobile phone companies retained more
location data than just the network cell where the user was.
The hearing also included information from independent experts. The Dresden
computer science professor Andreas Pfitzmann explained how the retention of
communications data threatened and weakened significantly the democratic
society.
For the constitutionality of the law spoke Christopher Moller,
representative of the Federal Government in the proceedings, who, however,
conceded that the legislation restricted the basic rights by the retention
of telecommunication data. The government representative was questioned by
the judges who were very critical to his assertions.
The Government representative was also backed by Police representatives who
showed examples when the law could be useful, and the representatives of the
Federal Music Industry and Association of German Publishers.
A verdict is expected from the court in two to three months.
Live coverage of the hearing (only in German, 15.12.2009)
http://www.netzpolitik.org/2009/ticker-muendliche-anhoerung-zur-vorratsdate…
Press release of the data retention working group (only in German,
15.12.2009)
http://www.vorratsdatenspeicherung.de/content/view/344/55/lang,de/
Retention before the Federal Constitutional Court: Critical issues, serious
concerns (only in German, 15.12.2009)
http://www.heise.de/newsticker/meldung/Vorratsdatenspeicherung-vor-dem-Bund…
Germany's largest-ever class action suit kicks off (15.12.2009)
http://www.google.com/hostednews/afp/article/ALeqM5huG0kV5ePFTymKEAu8WzwLVr…
============================================================
3. Spain discusses shutting down websites without court order
============================================================
Despite the recent statements of Spanish culture Minister Angeles
Gonzalez-Sinde and the warnings received from Commissioner Reding, the
Spanish Government announced at the beginning of December 2009 a proposal
that may lead to shutting down websites that offer P2P file sharing of music
and films, without the necessity of a court order.
The draft law for Sustainable Economy that may come into force in 2010, if
approved by the Parliament, includes a modification that introduces an
Intellectual Property Commission which will have the power to shut down web
sites considered as illegally sharing cultural copyrighted content.
The proposal has brought forth the vivid reaction of Internet users, media
representatives, bloggers, professionals and creators. The meeting that took
place on 3 December between the representatives of opponents to the draft
law and Sinde did not succeed in getting any results due to the large
differences of opinions.
Sinde continues to state that the proposed legislation will not target
individual Internet users who download material but web sites that illegally
offer the possibility of downloading copyrighted works and that in no case
would anyone's Internet connection be cut off. Prime Minister Jose Luis
Rodriguez Zapatero also stated the proposed legislation would not threaten
the freedom of expression and that it was not the intention of the
government to close down web sites.
According to the bill, the Intellectual Property Commission will have the
power to investigate complaints about Web sites offering the possibility of
P2P downloading and, in case it considers the respective websites make money
from other people's work, it may close them down. In order to find the sites
that infringe the law, the Commission may ask ISPs for the data they deem
necessary to identify the respective web sites and the ISPs will be obliged
to provide this information. Once the infringement considered proven, the
Commission will send warnings to the alleged infringers in order to cease
the downloading activity. And finally, if the web sites do not comply, the
Commission may require the blocking of the sites or the removal of the
illegally shared content.
The opponents of the bill accuse the Spanish Government of trying to create
a "Culture Police". "The page with most links to copyright-protected
content is Google. Are we going to close Google without a judicial order?"
asked Victor Domingo, president of the Spanish Association of Internet
Users.
Despite the Prime Minister's statement that web sites will not be
shut down without a court order and that the law will not address the
private individuals, several experts and legal advisers show that the draft
law contradicts him. In their opinion, the text of the draft law is
ambiguous, leaving very much room for interpretation. It also obliges the
Internet service operators to reveal information on their users that may
lead to blocking Internet connections or to finding out the entire one-year
downloading history of a user.
The large number of opponents have spontaneously created a manifesto against
the propose legislation which says amongst another things that "copyright
should not be placed above citizens' fundamental rights to privacy,
security, presumption of innocence, effective judicial protection and
freedom of expression" and that "the Internet must function freely and
without political interference spurred by interested sectors trying to
perpetuate an obsolete business model and to prevent human knowledge from
continuing to be free."
For the present, in Spain, downloading copyrighted material, although
illegal, it is not a criminal offence and the courts consider the law is
infringed only when the downloading is done for commercial profit.
Proposal of Web shutdown power angers Spanish Internet users (3.12.2009)
http://www.siliconvalley.com/news/ci_13918879
Dangerous Anti-sharing Law in Spain (3.12.2009)
http://www.laquadrature.net/en/dangerous-anti-sharing-law-in-spain
The cultural "police" of the Internet will be born (only in Spanish,
2.12.2009)
http://www.elpais.com/articulo/cultura/Nace/policia/cultural/Internet/elpep…
The anti-downloading law revives the confrontation between the cultural
industry and the Internet community (only in Spanish, 2.12.2009)
http://www.elpais.com/articulo/cultura/ley/antidescargas/aviva/enfrentamien…
The manifest "In the defence of the fundamental rights on the Internet"(in
Spanish, 2.12.2009)
http://www.internautas.org/html/5871.html
We don't believe Zapatero (only in Spanish, 12.12.2009)
http://www.internautas.org/html/5889.html
EDRi-gram: Spain warned by Commissioner Reding for cutting off Internet
access (2.12.2009)
http://www.edri.org/edrigram/number7.23/reading-warns-spain-3-strikes
============================================================
4. The Netherlands promises transparancy regarding wiretapping
============================================================
The Dutch Minister of Justice promised on 26 November 2009 at the request of
the Dutch Parliament to provide more transparency regarding wiretapping. The
Dutch government is placing relatively many taps on a per-capita basis,
compared to other countries. During a debate in the Parliament, members of
Parliament voiced their concerns on the lack of transparency and insisted on
more accountability.
In reaction, the Minister of Justice indicated firstly that the
government would provide information on how many internet-taps are
placed. It also promised to commission a report regarding the
effectiveness of wiretapping. The report will touch on whether the
amount of wiretaps is necessary, and to what extent the notification
obligation is being complied with. The notification obligation is the
obligation to inform persons that they have been tapped. The report will
also touch on how many times a request for authorisation to apply a
wiretap has been denied by the court.
Bits of Freedom, in preparation of the debate, wrote a paper
to members of Parliament, insisting on more accountability. The paper
was written with the aid of several volunteers.
Briefing Bits of Freedom to members of Parliament (only in Dutch,
23.11.2009)
http://www.bof.nl/kamerbriefing231109.pdf
(contribution by Ot van Daalen - EDRi-member Bits of Freedom - Netherlands)
============================================================
5. Future of MySQL investigated by the European Commission
============================================================
The acquisition of Sun Microsystems by Oracle is investigated by the
European Commission for its potential anti-competition effects, including
the future role of MySQL as an open source database software owned by
Oracle.
The debate between opponents and supporters of the merger has been tenser in
the past weeks, after Oracle called on its biggest customers to support its
position in the hearings at the European Commission, while the creator of
the MySQL Monty Widenius made a public appeal to the open source community
to reject the terms of this acquisition, unless Oracle commits to a series
of issues that will make sure MySQL will not die:
"So I just don't buy it that Oracle will be a good home for MySQL. A weak
MySQL is worth about one billion dollars per year to Oracle, maybe more. A
strong MySQL could never generate enough income for Oracle that they would
want to cannibalize their real cash cow. I don't think any company has ever
done anything like that."
Oracle attacked on 14 December 2009 by making public a series of 10 public
commitments in order to asssure the public and the European Commission of
its firm decision to continue its investment in research for MySQL and "to
enhance MySQL in the future under the GPL."
The move appears to soften the position of the European regulators that will
decide at the end of January 2010 on this merger, after the US Department of
Justice has already confirmed the deal. The Commission states that the
"announcement by Oracle of a series of undertakings to customers, developers
and users of MySQL is an important new element to be taken into account in
the ongoing proceedings."
The critics haven't been convinced of the new commitments, with
Florian Mueller, an open critic of the deal, classifying them as "purely
cosmetic". He also pointed out that the 5-year limit for the Oracle's public
commitments is not enough.
Other members of the civil society have already backed the criticism to this
deal with a public letter of the Knowledge Ecology International, Richard
Stallman and EDRi-member Open Rights Group asking the Commission to block
the acquisition.
The letter addressed to the EC officials explains that "Oracle seeks to
acquire MySQL to prevent further erosion of its share of the market for
database software licenses and services, and to protect the high prices now
charged for its proprietary database software licenses and services.
If Oracle is allowed to acquire MySQL, it will predictably limit the
development of the functionality and performance of the MySQL software
platform, leading to profound harm to those who use MySQL software to power
applications."
Letter to the EC opposing Oracle's acquisition of MySQL (19.10.2009)
http://keionline.org/ec-mysql
Oracle pledge pushes Sun deal forward (14.12.2009)
http://www.ft.com/cms/s/0/5d57f36c-e89a-11de-9c1f-00144feab49a.html
Monty says: Help Saving MySQL (12.12.2009)
http://monty-says.blogspot.com/2009/12/help-saving-mysql.html
Oracle's pledges on MySQL are 'purely cosmetic', say critics (14.12.2009)
http://www.itworld.com/government/89093/oracles-pledges-mysql-are-purely-co…
Oracle users tell EU Sun deal not anticompetitive (10.12.2009)
http://www.reuters.com/article/idUSGEE5B92H020091210
============================================================
6. EDPS worries about extended powers of agency running EC databases
============================================================
Although not opposed to the creation by the European Commission of a
security agency that would be in charge of EU visa and asylum databases,
EDPS Peter Hustinx issued an opinion on 7 December 2009 showing his concern
related to the expansion of the agency powers.
The Commission has proposed the creation of an agency that would run the
databases used for the Schengen Information System (SIS II) on cross-border
travel within the EU, the Visa Information System and EURODAC, the asylum
seeker database.
Hustinx is worried because the Commission's proposal says that, besides
running the respective databases, the agency should also manage other
large-range IT projects. The EDPS believes that certain risks on the privacy
of individuals should be "sufficiently addressed in the founding legislative
instrument(s)," and urged the Commission to limit the powers of the agency.
"The creation of an Agency for such large-scale databases must be based on
legislation which is unambiguous about the competences and the scope of
activities of the Agency. Such clarity would prevent any future
misunderstanding about the conduct of the agency and avoid the risk of
function creep. As currently drafted, the proposals do not meet those
standards."
The EDPS's opinion is that entrusting more such large-scale IT projects to
the same body would increase the risk of mistakes and wrongful use of
personal data. "The total number of large-scale IT systems managed by one
and the same Agency should therefore be restricted to a number with which
the data protection safeguards can still sufficiently be assured. In other
words, the point of departure should not be to bring as many large-scale
IT-systems as possible under the operational management of one Agency."
The risk is even greater as in terms of interoperability "similar technology
will be used for all systems which can therefore easily be interconnected."
For the improvement of the EC proposal, the EDPS recommends the legislator
to clarify and decide whether the scope of activities of the Agency "should
potentially cover all large-scale IT systems developed in the area of
freedom, security and justice" and "to clarify the notion of large-scale IT
systems in relation to the establishment of the Agency, and make clear
whether it is limited to such systems which have as a feature the storage of
data in a centralised database for which the Commission or the Agency is
responsible".
Huntinx also "encourages the legislator, in the context of the proposed
pilot schemes, to clarify the procedure which the Commission should follow
before requesting for a pilot scheme. According to the EDPS, such a
procedure should include an assessment, which might require a consultation
of the European Parliament and the EDPS, of the possible impact on data
protection of the initiative developed following such a request."
Security database super-agency's powers should be limited, says EU privacy
watchdog (8.12.2009)
http://www.out-law.com//default.aspx?page=10586
Opinion of the European Data Protection Supervisor - on the proposal for a
Regulation establishing an Agency for the operational management of
large-scale IT systems in the area of freedom, security and
justice (7.12.2009)
http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/Consu…
EDPS sees advantages of new Agency for large-scale IT systems, but urges the
legislator to better define its scope of activities (7.12.2009)
http://europa.eu/rapid/pressReleasesAction.do?reference=EDPS/09/14&format=H…
============================================================
7. The new Swedish anti-piracy law stirs things for file sharers
============================================================
As already foreseen this summer, the Swedish recording industry is using the
new anti-piracy IPRED law to chase filesharers.
On 7 December 2009, the Swedish branch of the International Federation of
the Phonographic Industry (IFPI) filed a suit with the district court in
Stockholm against Direct Connect (DC) file sharing network, trying to force
the site to reveal the identity of a user suspected of illegal file sharing.
IPFI has investigated a number of file sharing cases until now but this is
the first case they have decided to go to court with. "We want to take one
at a time. It's a new law and we have to learn how to do this, what the
courts want in terms of evidence to be sure that they're not compromising
anyone's privacy," stated Ludvig Werner, head of IFPI in Sweden.
IFPI has decided to take DC to court although the network is no longer the
strongest on the market. "BitTorrent technology is superior for moving large
files, but DC is more of a social network. You connect to a hub and are
there throughout the day, chatting and exchanging files with one another,
sort of like a youth recreation centre on the internet, even if it's not
only young people who are there."
The dramatic 40% drop in the Internet traffic even the night before the law
entered into force on 1 April 2009 (according to the statistics of an ISP
coordination organisation) seemed to contradict the experts who had believed
IPRED would not have such a big effect on file sharing in Sweden.
Yet, after the serious decline in April, file sharing has gradually
recovered and in November the Internet traffic surpassed the previous
all-time high, reported in March. Certainly, there are other factors besides
file sharing that might have contributed to the increase of the traffic.
"There is guaranteed to be certain increase in file sharing, but it isn't
possible to tell exactly how much. (...) Then you have the illegal video
streaming sites, which aren't file sharing in the traditional sense, but
which play the same role for users. Watching a movie via a streaming video
directly in your web browser is becoming more and more popular" said
researcher Kristoffer Schollin. In his opinion, in time, these video
steaming sites might gain field in front of file sharing. Anyway, it appears
that file-sharing is still increasing.
Music industry to test Sweden's anti-piracy law (7.12.2009)
http://www.thelocal.se/23698/20091207/
File sharing in Sweden nears record high (6.12.2009)
http://www.thelocal.se/23680/20091206/
EDRi-gram: Swedish court: IP addresses are personal data (1.07.2009)
http://www.edri.org/edri-gram/number7.13/sweden-ip-addresses-personal-data
============================================================
8. Italy: The Anopticon project - putting surveillance back in its place
============================================================
Nowadays, CCTVs are the practical implementation of the "Panopticon",
theorised in 1791 by Jeremy Bentham as the "ideal prison", one that
keeps people in place by using their natural fear of being surveilled.
The Anopticon project is a reaction to the huge rise in CCTVs
installations in Italian cities. Information on CCTVs - where they
are, what they point at, which area is being surveilled - is collected
by members of the project and put online, publicly accessible via
the "Big Brother Viewer". The project has already concluded that a
large part of CCTVs does not provide the "information notice" required
by Legislative Decree 196/2003 (which implements the Data Protection
Directive in Italy).
The project started in Venice, but it soon spread to other cities including
Padova, Foggia, Urbino and Solero (Alessandria). More and
more "anopticon groups" are born, to contribute to the Big Brother
map. Anyone from anywhere can join in.
The Anopticon project has also launched the "Denounce illegal CCTVs"
campaign: every surveillance device that does not respect Italian data
protection law (including the need for an "information notice") will
be signalled to the Italian Data Protection Authority, without
excluding formal complaints for the more powerful and invasive
surveillance systems such as the "Argos" and "Hydra" systems being
implemented in Venice which are able to automatically track the
movement of boats and people.
The Anopticon project - Big Brother Viewer
http://www.tramaci.org/anopticon
(contribution by Epto)
============================================================
9. ENDitorial: What the conquistadores can teach us about ACTA
============================================================
When the conquistadores arrived in the Americas, historians tell us that the
viruses that they carried caused devastation among the indigenous
populations. For the European invaders, who had been subject to the viruses
for longer, the illnesses, while still sometimes deadly, were less dangerous
than for populations that had not yet been exposed to them. With ACTA as the
future EU and US template for free trade agreements with countries around
the globe, is this the virus that risks killing free speech, democracy,
privacy and access to knowledge even more readily in developing countries
than in the countries where it was conceived?
Within the EU, a certain amount of resistance has been developed over the
years to excessive, destructive and anti-democratic attempts to strangle
fundamental principles of civil and human rights. For example, France's
original "HADOPI" proposal stumbled over the nation's constitution when it
attempted to overturn centuries of legal tradition by undermining the basic
principle of "innocent until proven guilty." Similarly, the European
Parliament, faced with the threats appearing in France, the UK and
elsewhere, defended the rights of citizens by squeezing every legally
possible guarantee out of the famous "amendment 138" in the telecoms
package.
The UK, unfortunately, is still in a critical condition as its government
feverishly tries to destroy the concept of a free and open Internet with its
"Digital Britain" proposals. It remains to be seen whether that country's
democratic safeguards, such as its unwritten constitution and its Human
Rights Act will be enough to protect its citizens. Maybe it will be an
imaginative web 2.0 campaign by an opposition party in the upcoming national
elections that will create a flashmob of the polling stations to disconnect
politicians from office if they support narrow business interests ahead of
their voters' rights.
All of these protections are not available in many of the countries that the
EU and US would plan to reach free trade agreements with in the future -
agreements that will be based on ACTA. Measures like intermediary liability
take on a vastly different meaning in the absence of robust legal defences
of civil rights. What happens when Internet access providers are made liable
for illicit online content, when they are given an incentive to carry out
surveillance on their consumers in the absence of human rights law, in the
absence of privacy legislation, in the absence of a democratically-elected
government or in the absence of competition?
The EU and US will not wish to tie their own hands by demanding strict human
rights or privacy protections when imposing ACTA measures on other
countries. In any event, even if they wanted to, they could not replicate
Europe's experience of 50 years of human rights legislation. Once Internet
access providers have paid for the technology to filter and control their
consumers' access, the next logical step will be to monetise this control
through a non-neutral Internet - one which governments will also be tempted
to exploit in the same way as broadcast and print media are frequently
exploited to undermine democracy in many countries today.
Only months after entering into force, what will be left of the Lisbon
Treaty's goal of developing and consolidating "democracy and the rule of
law, and respect for human rights and fundamental freedoms" if ACTA becomes
the vehicle for undermining civil liberties across the globe?
Digital Britain
http://www.culture.gov.uk/what_we_do/broadcasting/5631.aspx
Telecoms package overview
http://en.wikipedia.org/wiki/Telecoms_Package
EDRi-gram: ENDitorial: Mobilizing to Stop ACTA (18.11.2009)
http://www.edri.org/edrigram/number7.22/acta-mobilizing-to-stop
(contribution by Joe McNamee - EDRi)
============================================================
10. Recommended Reading
============================================================
Report of the 3rd PrivacyOS in Vienna
https://www.privacyos.eu/index.php?option=com_content&view=category&layout=…
Web inventor: 'Snooping' authorities threaten Internet
http://www.euractiv.com/en/infosociety/web-inventor-snooping-authorities-th…
============================================================
11. Agenda
============================================================
27-30 December 2009, Berlin, Germany
26th Chaos Communication Congress
http://events.ccc.de/congress/2009/
20-22 January 2010, Namur, Belgium
The Conference for the 30th Anniversary of the CRID - An Information Society
for All : A Legal Challenge
http://www.crid.be/30years/
29-30 January 2009, Turin, Italy
"Cultural Commons" - First International Workshop
http://www.css-ebla.it/css/
29-30 January 2009, Brussels, Belgium
Third edition of the Computers, Privacy and Data Protection -
CPDP 2010 - An Element of Choice
http://www.cpdpconferences.org/
5 February 2009, Amsterdam, Netherlands
Big Brother Awards Netherlands 2010
Candidates for nominations until 12 January to:
kandidaten at bigbrotherawards.nl
https://www.bof.nl/2009/12/08/geef-kandidaten-op-voor-de-big-brother-awards…
6-7 February 2010, Brussels, Belgium
FOSDEM 2010
http://www.fosdem.org/2010/
29-30 April 2010
EuroDIG 2010
http://www.eurodig.org/
26-28 May 2010, Amsterdam, Netherlands
World Congress on Information Technology
http://www.wcit2010.com/
9-11 July 2010, Gdansk, Poland
Wikimedia 2010 - the 6th annual Wikimedia Conference
http://meta.wikimedia.org/wiki/Wikimania_2010
============================================================
12. About
============================================================
EDRI-gram is a biweekly newsletter about digital civil rights in Europe.
Currently EDRI has 27 members based or with offices in 17 different
countries in Europe. European Digital Rights takes an active interest in
developments in the EU accession countries and wants to share knowledge and
awareness through the EDRI-grams.
All contributions, suggestions for content, corrections or agenda-tips are
most welcome. Errors are corrected as soon as possible and visibly on the
EDRI website.
Except where otherwise noted, this newsletter is licensed under the
Creative Commons Attribution 3.0 License. See the full text at
http://creativecommons.org/licenses/by/3.0/
Newsletter editor: Bogdan Manolea <edrigram(a)edri.org>
Information about EDRI and its members:
http://www.edri.org/
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