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In-Reply-To: <481C6BD5.5020302@one-admin.com> References: <4818E589.9060505@rayservers.net> <4818EAE5.2060601@rayservers.net> <1209639915.6958.1250860511@webmail.messagingengine.com> <1209660740.939.1250916791@webmail.messagingengine.com> <1209664259.11158.1250928663@webmail.messagingengine.com> <481A0F7C.5020407@net1.net> <1209668714.23655.1250940399@webmail.messagingengine.com> <20080503071530.647AB791B6@mmy.anointernet.com> <481C6BD5.5020302@one-admin.com> Message-ID: On May 3, 2008, at 9:42 AM, onea wrote: > Raven has died, see JOG (Orlin Grabbe) a few days ago. Everybody was > aware of the identical identity of those 2 scumsters. Holy shit. I never knew that. Two Orlin stories. 1. One of my old .sig lines, Lesley Stahl: "You mean *anyone* can set up a web site and compete with the New York Times?" Andrew Kantor: "Yes." Stahl: "Isn't that dangerous?" Comes from a 60 Minutes piece she did on, among other people, Orlin. 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Name: not available Type: text/html Size: 755 bytes Desc: not available URL: From edrigram at edri.org Wed May 7 10:34:07 2008 From: edrigram at edri.org (EDRI-gram newsletter) Date: Wed, 7 May 2008 20:34:07 +0300 Subject: EDRI-gram newsletter - Number 6.9, 7 May 2008 Message-ID: ============================================================ EDRI-gram biweekly newsletter about digital civil rights in Europe Number 6.9, 7 May 2008 ============================================================ Contents ============================================================ 1. All Italian tax payers' data made public online by the Italian Government 2. Important personal data lost by the Bank of Ireland 3. More control over the Internet wanted in Russia 4. Automatic face recognition in UK airports 5. Radio Free Europe's websites in Belarus under attack 6. EDPS wants data protection considered by EU research projects 7. German Intelligence caught spying on journalist's emails 8. IFPI continues to pressure ISPs to act as Internet police 9. Recommended Reading 10. Agenda 11. About ============================================================ 1. All Italian tax payers' data made public online by the Italian Government ============================================================ To the unpleasant surprise of many Italians, for a few hours on 30 April 2008, the Italian government, through its Agenzia delle Entrate, published on the agency website, agenziaentrate.gov.it, the financial information filed by all Italian taxpayers. Although operational only for a few hours, many people had the opportunity of seeing how much other people were earning, including celebrities. As Corriere della Sera daily newspaper puts it, the site was "a delicious opportunity to find out with a click how much your neighbour or colleague or, for gossip fans, celebrities earn". The present centre-left government made public every citizen's declared taxable income as part of a crackdown on tax evasion. The action brought forth the quick attack and critical attitude of consumers, privacy advocates and politicians alike. The consumer group ADOC considered the action as "a clear violation of privacy law" as the tax return forms did not include any request of consent for data publishing, therefore, the appearance of the data on the Internet being illegal. At the complaint of the Italian Data Protection Authority for violation of privacy, the Italian Treasury ordered the national tax office to close down the site which was providing full details of tax returns, including declared income and tax paid for 2005 but also names, addresses and birth dates. The Deputy Finance Minister Vincenzo Visco said he did not see what the problem was: "It's all about transparency and democracy". Massimo Romano, head of the tax office,considered that the publication had been "in the public interest, in order to allow the free circulation of information in a framework of transparency" and he stated that the action had been in agreement with guidelines from the privacy watchdog. However, Francesco Pizzetti, the head of the Italian DPA, said that he had not been informed about this. The opposition which won the elections last month accused Visco of having released the data as "an act of revenge". "It's a very strange thing to do on the last day before clearing off" said Guido Crosetto, a member of Berlusconi's party who also added: "Taxpayers need to pay less tax, not to know how much all the other Italians are paying." "It's madness," was the comment of Beppe Grillo, a very well known Italian comic. In his opinion the government had "given criminals information about the income and address of taxpayers." He also added: "This is going to make paying taxes very dangerous. (...) It will be much safer and less risky to just evade taxes and pay the fine if you're caught." Uproar in Italy after Web publishes earning levels (30.04.2008) http://www.reuters.com/article/marketsNews/idUSL3079138220080430 Garante Decision on the online financial information (only in Italian, 2.05.2008) http://www.garanteprivacy.it/garante/doc.jsp?ID=1510761 Fiscal data, what does the law say? (only in Italian, 5.05.2008) http://punto-informatico.it/2273614/PI/Commenti/Dati-fiscali--cosa-dice-la-legge-/p.aspx Fury as tax officials post details of every Italian's salary on internet (1.05.2008) http://www.dailymail.co.uk/pages/live/articles/news/worldnews.html?in_article_id=563308&in_page_id=1811 Do the rich pay taxes? Italy tells all (2.05.2008) http://article.wn.com/view/2008/05/02/Do_the_rich_pay_taxes_Italy_tells_all/ ============================================================ 2. Important personal data lost by the Bank of Ireland ============================================================ The personal data of about 10 000 customers of the Bank of Ireland (BOI) are now in the possession of thieves as four laptops with the unencrypted data were stolen from the bank between June and October 2007. The four stolen laptops had been used by staff working for the bank's life assurance division. Not only the customers' data including medical history, life assurance details, bank account details, names and addresses were not encrypted, but the bank notified the thefts to the Data Protection Commissioner in Ireland only on 18 April 2008. Furthermore, until now the bank has not written to individual customers whose information was lost. The case is now investigated by the Financial Regulator as well as by Billy Hawkes, the Irish Data Protection Commissioner. "The investigation will focus on the justification for the personal data, including sensitive medical data in some cases, being placed on the laptops in the first place, the security arrangements in place and the exact circumstances which led to the delay in the reporting of this matter internally within the Bank of Ireland to the appropriate personnel for the taking of further action," said a statement from the Commissioner. The only justification the bank gave in its defence was that it "monitored all of these customer accounts and can confirm that there has been no evidence of fraudulent or suspicious activity" which, of course, cannot possibly cover fraud that may occur somewhere else. And this definitely does not justify the fact that the bank did not notify its customers so that they may protect themselves. It's not yet clear what sanctions will the bank receive or whether it will receive any sanctions at all. In a similar case in England, the Nationwide Building Society was fined around 1 300 000 euro by the Financial Services Authority for having failed to provide proper information security procedures and controls. "Consideration will then be given as to what further action will be sought from Bank of Ireland to ensure that the obligations contained in the Data Protection Acts in this area are met. The Data Protection Commissioner and the Financial Regulator are cooperating on this matter and we will refer any relevant issues to the Financial Regulator" says the Commissioner's statement. More and more, financial organisations create a risk to the security of their customers' data. According to the UK Information Commissioner's Office half of the data security breaches in the private sector reported since last November involved financial services companies. The problem is that, presently, there is no general legal obligation for a body to notify the people in case of losing their data. As reported by EDRi-gram, the European Data Protection Supervisor has suggested amendments in this respect to the forthcoming e-Privacy Directive. Bank alert as details of 10,000 files stolen (22.04.2008) http://www.independent.ie/national-news/bank-alert--as-details-of-10000--files-stolen-1354910.html Lessons from Laptop Loss - the Bank of Ireland case and Mandatory Reporting of Data Loss (23.04.2008) http://www.digitalrights.ie/2008/04/23/lessons-from-laptop-loss-the-bank-of-ireland-case-and-mandatory-reporting-of-data-loss/ Bank of Ireland loses thousands of customer records (23.04.2008) http://www.out-law.com/page-9069 EDRI gram - EDPS endorses data breach notification provision in ePrivacy Directive (23.04.2008) http://www.edri.org/edrigram/number6.8/edps-data-breach-notification ============================================================ 3. More control over the Internet wanted in Russia ============================================================ The Russian prosecutor's office wants to extend the anti-extremism laws to the Internet, proposing an amendment to the rules that presently govern printed media on the basis of which newspapers considered by the court to have published extremist material can be shut down. In terms of the new proposal, which began circulating in the State Duma's Security Committee on 10 April 2008, any kind of material considered extremist or website deemed to have hosted extremist material should be blocked by ISPs. If found guilty of repeatedly hosting extremist materials, the website will be shut down. A list of extremist Internet-based materials and sites must be regularly made available and the ISPs will be bound to stop hosting these sites. The proposal asks from law-makers to clearly delineate "what is unacceptable on the internet in terms of public morality, public safety and anti-extremist legislation" and to "place responsibility for the dissemination of any such materials on those who furnish space for it." "We are speaking about the self-controlling of the providers and telecommunications companies" said Aleksey Zhafyarov, the deputy head of Directorate supervising enforcement of laws on federal security, interethnic relations and countering extremism. Internet is considered too free by the Russian governors. Alexander Torshin, the vice-speaker of the Federation Council, has painted a very dark image of the Internet believing it is "a means of terror propaganda" that can be considered "the academy of terrorism." In his opinion, terrorists use the Internet to "practically propagandize their ideas in the open, recruiting new adherents, buying up weapons and munitions, (and) communicating with one another." He said that lawmakers should "work out unified identifying criteria for terrorist websites, formulate techniques to expose them and constantly monitor their activities, nationally and internationally, and also (work out) the means to close these sites." The proposal has created concerns related to the abuses that such a law might bring forth. "It is difficult to find anyone who is not against extremism but it depends on how the law is used. The government uses (it) selectively" said Oleg Panfilov, director of the Centre of Journalism in Extreme Situations. There have been cases when blogs and websites belonging to the opposition have been shut down after having been labelled as extremist. For example the news website gazeta.ru was warned for using extremist materials last year after it wrote about cartoons that satirised the prophet Mohammed. Even some of the Russian lawmakers have doubts about the usefulness of any new measures to control the Internet. "We tighten the screws and the situation only gets worse" said Gennady Gudkov, the deputy chairman of the State Duma Security Committee. Critics also believe that there is enough control already and law enforcement agencies have the means to shut down Internet providers as in the case of the 10 ISPs who were shut down by St. Petersburg prosecutors on 14 April 2008 for hosting extremist content. Since the beginning of this year, the pressure to regulate the Internet has increased in Russia. In January, Russia's Parliament began work on a law "On the Internet," that should create a legal framework to deal with online matters. In February, Vladimir Slutsker, a Federation Council delegate, introduced a draft normative act that will force all Internet sites with more than a thousand daily visitors to register as mass-media outlets. There is also a project currently in the State Duma that would limit foreign investment in the telecommunications and internet industries. On 25 April 2008 Russia's lower house of Parliament, the State Duma, passed, nearly unanimously, an amendment to the law on mass-media, in its first reading, giving greater powers to authorities to shut down media outlets. The new law forbids using a registered media source to spread "false facts that discredit the honour and dignity of another entity, or undermine their reputation." Russian prosecutors eye Internet censorship (23.04.2008) http://afp.google.com/article/ALeqM5gzKl0LhCkTUDVEcpowGh9oBfxUQw Russian Prosecutors Present Draft Law to Regulate Internet (12.04.2008) http://www.theotherrussia.org/2008/04/12/russian-prosecutors-present-draft-law-to-regulate-internet/ Lawmakers in Russia Recommend Internet Regulation (18.04.2008) http://www.theotherrussia.org/2008/04/18/lawmakers-in-russia-recommend-internet-regulation/ Russian Authorities Gain Powers to Shut Down Media (25.04.2008) http://www.theotherrussia.org/2008/04/25/russian-authorities-gain-powers-to-shut-down-media/ Russian Prosecutors Ask Parliament to Regulate Internet Content (18.03.2008) http://www.theotherrussia.org/2008/03/18/russian-prosecutors-ask-parliament-to-regulate-internet-content/ EDRI-gram: Russian Government wants to control all WiFi devices (23.04.2008) http://www.edri.org/edrigram/number6.8/russia-control-wifi ============================================================ 4. Automatic face recognition in UK airports ============================================================ Starting this summer, the UK Border Agency will use facial recognition technology at automated unmanned gates. A machine would accept or reject the match between the scan and the computer information on people with biometric passports. The pilot project will be open to UK and EU citizens holding new biometric passports. "We think a machine can do a better job (than manned passport inspections). What will the public reaction be? Will they use it? We need to test and see how people react and how they deal with rejection. We hope to get the trial up and running by the summer" said Gary Murphy, head of operational design and development for the UK Border Agency, during a biometrics-related conference that took place in London in April 2008. Home Office minister Liam Byrne said: "Britain's border security is now among the toughest in the world and tougher checks do take time, but we don't want long waits. So the UK Border Agency will soon be testing new automatic gates for British and European Economic Area citizens. We will test them this year and if they work put them at all key ports (and airports)." As there is concern that passengers will react badly if rejected by an automated gate, the technology will err on the side of caution and innocent passengers that are rejected may be redirected to traditional passport queues, or authorized officers may override the automatic gates after having performed the necessary checks. However, the technology is highly criticized. Phil Booth of the No2Id Campaign explains: "Someone is extremely optimistic. The technology is just not there. The last time I spoke to anyone in the facial recognition field they said the best systems were only operating at about a 40% success rate in a real time situation. I am flabbergasted they consider doing this at a time when there are so many measures making it difficult for passengers." The facial image contained by the EU passport is actually a digitised copy of the normal passport picture which is not a biometric data and, according to a report of the UK National Audit Office "current facial recognition technology is not reliable enough to enable the automated checking of applications against the full database of existing passport holders". The report also says that the technology may be useless in cases when the two-year guaranty chips are contained into 10-year long passports. Besides, the face may change very much in ten years making the database even more unreliable. Tony Bunyan, Statewatch editor, comments: "The UK and other EU governments refer to the digitised passport photo as a biometric when it is not for ideological reasons - to get us used to the idea that they already have one of our "biometrics" so why should we not give them another - our fingerprints. The process however is very different. In most cases the passport picture is simply submitted by post or at an office whereas the compulsory taking of fingerprints requires the physical presence of the person at an "enrolment centre" where they have to prove "they are who they are". The Government has not yet decided how many airports will take part in the trial but, if the pilot project is successful, the technology will be extended to all UK airports. Face scans for air passengers to begin in UK this summer (25.04.2004) http://www.guardian.co.uk/business/2008/apr/25/theairlineindustry.transport/print Identity and Passport Service: Introduction of ePassports http://www.statewatch.org/news/2008/apr/uk-nao-report.pdf UK to introduce face scans at airports (26.04.2008) http://www.thepeninsulaqatar.com/Display_news.asp?section=world_news&month=april2008&file=world_news2008042633151.xml Computers to scan passengers at UK airports this summer (23.04.2008) http://economictimes.indiatimes.com/International_Business/Computers_to_scan_passengers_at_UK_airports_this_summer/articleshow/2982060.cms ============================================================ 5. Radio Free Europe's websites in Belarus under attack ============================================================ Several Radio Free Europe websites were under a distributed denial of service (DDoS) attack in the past week. The attacks started on 26 April 2008, the 22nd anniversary of the Chernobyl nuclear disaster, primary targeted at the Belarus Radio Free Europe/Radio Liberty (RFE/RL) service which was offering live coverage of a rally of protest organized in Minsk against the plight of uncompensated victims and a government decision to build a new nuclear plant. Martins Zvaners, RFE spokesman, thinks that was the largest attack ever experienced by RFE. At its peak, the DDoS attack was sending more than 50000 requests to the RFE sites, flooding its servers' capacity and throwing them offline. Although there is no proof of who was behind the attacks, Zvaners pointed his finger at the Belarus administration: "This started on the day of a demonstration that they wanted no one to cover. They've never been real happy with us. In an ongoing sense, they are always 'jamming' our signals. We can't say for certain who did it, but you look at the circumstances and you can start to draw some possible inferences." US State Department spokeswoman Jessica Simon stated that it was the Belarusian Government's responsibility to stop such kind of attacks while Nina Ognianova, the program coordinator for Europe and Central Asia at the New York-based Committee to Protect Journalists, said it was also the responsibility of President Alyaksandr Lukashenka to find and punish those responsible with the attacks. "In Belarus especially, RFE/RL service is significant now more than ever because Lukashenka's regime has destroyed the other independent and opposition broadcasters. (...) So we certainly are very concerned about this short-lived but successful attacks" said Ognianova. RFE issued a news release on 28 April following which the attacks stopped and the sites went back online. According to Zvaners, RFE has now taken protection measures against similar attacks. During the three days of the attack, RFR/RL's Belarus Service was supported by 22 Belarusian sites that hosted its content. "Dear friends. We value your solidarity and we promise to support any site that falls victim to such an attack in the future. (...) Thanks to all of you for your support of freedom" said Alyaksandr Lukashuk, director of RFE/RL's Belarus Service, who considers that the response to the attack was an example that could create a precedent for future online "esprit de corps" among journalists and pro-democracy advocates. Belarus: RFE/RL Cites Online 'Solidarity' In Face Of Cyberattack (29.04.2008) http://www.rferl.org/featuresarticle/2008/04/294d624f-a664-4791-adab-559d66156c8e.html Chernobyl coverage blows up in Radio Free Europe's face (29.04.2008) http://www.theregister.co.uk/2008/04/29/radio_free_europe_ddos_attacks/ DDoS attacks knocked Radio Free Europe off the Web (4.05.2008) http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyId=11&articleId=9082258&intsrc=hm_topic U.S. Denounces Attack On RFE/RL Websites (29.04.2008) http://www.rferl.org/featuresarticle/2008/04/8277ba11-4725-49d1-8e8a-803140435cfe.html ============================================================ 6. EDPS wants data protection considered by EU research projects ============================================================ Peter Hustinx, the European Data Protection Supervisor (EDPS) wants privacy and data protection requirements to be considered in the future EU research and technological development (RTD) projects, especially those developing information and communication technologies. The EDPS' main role is to monitor EU developments which have an impact on the protection of personal data, especially the development of ICT and "to advise the Commission and/or project developers on their efforts to use privacy and data protection-friendly RTD methodologies and of course to develop technologies and processes that will promote and reinforce the effectiveness of the EU data protection legal framework". On 28 April 2008, EDPS adopted a policy paper establishing his role and developing possible models of contribution both in the preparatory phase of the overall EU research framework programme as well as for individual research projects. The EDPS contributions have as purpose to reinforce the application of the "privacy by design" principle as an inherent part of the RTD initiatives. "Privacy and data protection requirements need to be highlighted and applied as soon as possible in the life cycle of new technological developments in order to contribute to a better implementation of the data protection legal framework. The European RTD efforts constitute a very good opportunity to accomplish these goals" says Hustinx. The EDPS' contributions in this direction could be achieved by: - participation in workshops and conferences intended to identify future challenges that can be relevant for EU RTD policy; - contribution to research advisory boards launched by the European Commission in connection with the Framework Programme, and provision of opinions on data protection matters; - assistance to the European Commission in the evaluation process of proposals, in particular regarding possible data protection issues these proposals might trigger; - provision of opinions on data protection matters in relation to individual RTD projects on his own initiative or at the request of a consortium. Also, as "research projects of an EU Framework Programme usually have the obligation to involve partners from several Member States, the EDPS could also, in this case, contribute to and facilitate the cooperation between the corresponding Member States or third country data protection authorities which might be involved" says the paper. The EDPS and EU Research and Technological Development -Policy paper (28.04.2008) http://edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/EDPS/Publications/Papers/PolicyP/08-04-28_PP_RTD_EN.pdf Privacy chief: EU research must consider data protection (30.04.2008) http://www.euractiv.com/en/science/privacy-chief-eu-research-consider-data-protection/article-172070 EDPS issues policy paper on his role in EU research and technological development (28.04.2008) http://europa.eu/rapid/pressReleasesAction.do?reference=EDPS/08/4&format=HTML&aged=0&language=EN&guiLanguage=en ============================================================ 7. German Intelligence caught spying on journalist's emails ============================================================ The German Federal Intelligence Service, the Bundesnachrichtendienst (BND), has been recently under pressure for having illicitly monitored the e-mails between Spiegel correspondent Susanne Koelbl and Afghanistan's Commerce Minister Amin Farhang. The German parliamentary commission in charge with investigating the activities of the secret services (PKG) criticised BND, believing the agency had been compromised by this case that it considered "a grave breach of basic rights". "The trust between the PKG and the leadership of the BND has been violated by this," stated PKG. The commission also considered it unacceptable that Uhrlau, the BND president, had not informed the German government or the commission about the case and that even BND's leadership had learned about the case only a year after the operation took place, which represented a violation of the internal policy requiring official clearance. Although Uhrlau publicly apologised to Susanne Koelbl, apparently, the target was not the Spiegel journalist this time, but Amin Farhang, Afghanistan's commerce minister, who exchanged e-mails with the reporter between June and November 2006. Koelbl's correspondence was retrieved by using a "Trojan horse" software which invaded the minister's computer system and which was sending copies of his e-mail messages to the BND. Furthermore, Spiegel has learned that the BND was performing more extensive spying activities in Afghanistan having actually monitored the entire computer network of the Ministry of Commerce and Industry. BND specialists had succeeded in retrieving several government e-mail addresses, confidential documents and even passwords. Der Spiegel, after having asked Farhang's permission to reveal his name, stated that the minister had been a secret source for some of its articles in the recent years. The magazine called the case "a grave encroachment on press freedom" and threatened to take legal action against the BND. The Afghan government was shocked by the case. "I am appalled and disgusted by these methods, which have no place in a constitutional state," commented Afghan Foreign Minister Rangin Dadfar Spanta. German Foreign Minister Frank-Walter Steinmeier has called his Afghan counterpart to apologize for the monitoring operation. The German Foreign Ministry said Steinmeier would also contact Farhang to express his regrets personally. This espionage action is not the first for the BND in relation to journalists. In 2006 it came out that German reporters were placed under surveillance by the intelligence agents to find out sources of leaks from the BND. As a result of the big scandal the followed this discovery, the BND president was changed. Ernst Uhrlau, the new president, had pledged to make the service more transparent. "It hasn't even been three years since the BND's last scandal, over systematic domestic spying on journalists. (That scandal) led to an internal directive forbidding surveillance of reporters. The directive is still in force, according to the BND. But we now know that only a short while later, in June 2006, a new half-year bugging operation was mounted against a German journalist - this time in Afghanistan. There are hints that she was not the only one" wrote Die Tageszeitung. It appears Uhrlau will keep his job although he seems to have lost control over some of the agents and had failed to inform the Chancellery, which is responsible for supervising the BND's activities. However, a draft law would be drawn in the coming months to give the Parliament powers to monitor the agency, as stated Hans-Peter Uhl, a deputy from Chancellor Angela Merkel's conservative party. German spy agency rapped over Afghan email monitoring (24.04.2008) http://afp.google.com/article/ALeqM5hp_BYVtWMyJ3cHJx_CPY73l9R5KQ German Spies Put Afghan Ministry under Surveillance (26.04.2008) http://www.spiegel.de/international/germany/0,1518,549894,00.html Germany Apologizes for Spying on Afghan Minister (26.04.2008) http://www.dw-world.de/dw/article/0,2144,3294534,00.html BND Agents 'Knew What They Were Doing' (25.04.2008) http://www.spiegel.de/international/germany/0,1518,549765,00.html Agency Admits Spying on Afghan Politician and SPIEGEL Journalist (24.04.2008) http://www.spiegel.de/international/germany/0,1518,549488,00.html\ ============================================================ 8. IFPI continues to pressure ISPs to act as Internet police ============================================================ Despite the criticism and negative reaction of the ISPs in several countries, IFPI continues to pressures them in turning themselves into Internet police. Following Denmark, Norway and Ireland, it is the turn of the Swedish ISPs to be the target of the association. What IFPI asks is for ISPs to restrict their customers' access to websites allegedly facilitating copyright infringement. As until now it had little success in its discussions with the ISPs, IFPI has decided to use legal pressure. "We believe that ISPs have a special part to play in this and must help us. The discussions we've tried to have with the ISPs haven't led anywhere" said IFPI's Managing Director in Sweden, Lars Gustafsson. According to Gustaffson, the focus will be on one particular company that allegedly facilitates filesharing on the Internet and one of the services they are after is The PirateBay. IFPI has already sent out letters to several service providers, asking them to monitor their customers and to filter websites. However, most ISPs have refused to cooperate with the IFPI. Telia Sonera, a large Swedish ISP considered such actions are illegal under EU law and Norwegian ISPs had the same response. IFPI argue that restricting access to filesharing sites might be to the advantage of ISPs. "Illegal P2P file-sharing may have helped drive broadband subscriptions in the past, yet today these activities, particularly in respect of movies, are hogging bandwidth," they state. Until now, IFPI obtained a victory in February in Denmark when Tele2 was order by the court to block its customers' access to The PirateBay but the decision is now under appeal and the PirateBay has announced its intention to ask for compensation. IFPI to Sue Swedish ISP for Facilitating Copyright Infringement (2.05.2008) http://torrentfreak.com/ifpi-to-sue-swedish-isp-for-facilitating-copyright-infringement-080502/ Swedish ISP Refuses To Block The Pirate Bay (27.03.2008) http://torrentfreak.com/swedish-isp-refuses-to-block-pirate-bay-080327/ EDRI-gram: Setback for IFPI in its case against PirateBay (23.04.2008) http://www.edri.org/edrigram/number6.8/ifpi-setback-piratebay ============================================================ 9. Recommended Reading ============================================================ Report on fraud regarding non cash means of payments in the EU: the implementation of the 2004-2007 EU Action Plan http://ec.europa.eu/internal_market/payments/docs/fraud/implementation_report_en.pdf ============================================================ 10. Agenda ============================================================ 9-10 May 2008, Florence, Italy Digital communities and data retention http://e-privacy.winstonsmith.info/ 10 May 2008, Florence, Italy Big Brother Awards Italy 2008 http://bba.winstonsmith.info/ 12 May 2008, Bled, Slovenia Workshop on ethics and e-Inclusion http://ec.europa.eu/information_society/newsroom/cf/itemdetail.cfm?item_id=4013 15 May 2008, Brussels, Belgium EDPS Annual Report 2007 http://edps.europa.eu/ 15-17 May 2008, Ljubljana, Slovenia EURAM Conference 2008 - Track "Creating Value Through Digital Commons" How collective management of IPRs, open innovation models, and digital communities shape the industrial dynamics in the XXI century. http://www.euram2008.org 20-23 May 2008, New Haven, CT, USA 18th Annual Computers, Freedom, and Privacy conference http://cfp2008.org/ 30-31 May 2008, Bucharest, Romania eLiberatica 2008 - The benefits of Open and Free Technologies http://www.eliberatica.ro/2008/ 6-7 June 2008, Bremen, Germany IdentityCamp - a barcamp around identity 2.0 and privacy 2.0 http://barcamp.org/IdentityCampBremen 17-18 June 2008, Seoul, Korea The Future of the Internet Economy - OECD Ministerial Meeting http://www.oecd.org/FutureInternet 23 June 2008, Paris, France GigaNet is organizing an international academic workshop on "Global Internet Governance: An Interdisciplinary Research Field in Construction" http://tinyurl.com/3y9ld8 26-27 June 2008, London, UK International Conference on Digital Evidence http://www.mistieurope.com/default.asp?Page=65&Return=70&ProductID=8914&LS=DigitalEvidence 30 June - 1 July 2008, Louvain-la-Neuve, Belgium First COMMUNIA Conference - Assessment of economic and social impact of digital public domain throughout Europe http://www.communia-project.eu/conf2008 7-9 July 2008, Cambridge, UK Privacy Laws & Business 21st Annual International Conference http://www.privacylaws.com/templates/AnnualConferences.aspx?id=641 7-8 July 2008, London, UK Developing New Models Of Content Delivery Online & Innovative Strategies For Effectively Tackling Copyright Infringement http://www.isp-content-regulation.com/conference.agenda.asp 23-25 July 2008, Leuven, Belgium The 8th Privacy Enhancing Technologies Symposium (PETS 2008) http://petsymposium.org/2008/ 19-20 July 2008, Stockholm, Sweden International Association for Media and Communication Research pre-conference - Civil Rights in Mediatized Societies: Which data privacy against whom and how ? http://www.iamcr.org/content/view/301/1/ 8-10 September 2008, Geneva, Switzerland The third annual Access to Knowledge Conference (A2K3) http://isp.law.yale.edu/ 24-28 September 2008, Athens, Greece World Summit on the Knowledge Society The deadline for articles submission is 10 May 2008 http://www.open-knowledge-society.org/summit.htm ============================================================ 11. About ============================================================ EDRI-gram is a biweekly newsletter about digital civil rights in Europe. Currently EDRI has 28 members based or with offices in 17 different countries in Europe. European Digital Rights takes an active interest in developments in the EU accession countries and wants to share knowledge and awareness through the EDRI-grams. All contributions, suggestions for content, corrections or agenda-tips are most welcome. Errors are corrected as soon as possible and visibly on the EDRI website. Except where otherwise noted, this newsletter is licensed under the Creative Commons Attribution 2.0 License. See the full text at http://creativecommons.org/licenses/by/2.0/ Newsletter editor: Bogdan Manolea Information about EDRI and its members: http://www.edri.org/ European Digital Rights needs your help in upholding digital rights in the EU. If you wish to help us promote digital rights, please consider making a private donation. http://www.edri.org/about/sponsoring - EDRI-gram subscription information subscribe by e-mail To: edri-news-request at edri.org Subject: subscribe You will receive an automated e-mail asking to confirm your request. unsubscribe by e-mail To: edri-news-request at edri.org Subject: unsubscribe - EDRI-gram in Macedonian EDRI-gram is also available partly in Macedonian, with delay. Translations are provided by Metamorphosis http://www.metamorphosis.org.mk/edrigram-mk.php - EDRI-gram in German EDRI-gram is also available in German, with delay. Translations are provided Andreas Krisch from the EDRI-member VIBE!AT - Austrian Association for Internet Users http://www.unwatched.org/ - Newsletter archive Back issues are available at: http://www.edri.org/edrigram - Help Please ask if you have any problems with subscribing or unsubscribing ----- End forwarded message ----- -- Eugen* Leitl leitl 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 From eugen at leitl.org Wed May 7 11:58:00 2008 From: eugen at leitl.org (Eugen Leitl) Date: Wed, 7 May 2008 20:58:00 +0200 Subject: EDRI-gram newsletter - Number 6.9, 7 May 2008 Message-ID: <20080507185800.GQ9875@leitl.org> ----- Forwarded message from EDRI-gram newsletter ----- From eproctorim at 163.net Wed May 7 14:10:57 2008 From: eproctorim at 163.net (Erwin Proctor) Date: Wed, 07 May 2008 21:10:57 +0000 Subject: SOLD OUT -- Did you know where to purchase great watch? tza Message-ID: <1210194657.6971@163.net> Dear cypherpunks at jfet.org Bvlgari Watches and other hihg quality products for very low prices. 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Name: not available Type: text/html Size: 720 bytes Desc: not available URL: From wallrq at buckleypc.com Sun May 11 09:06:18 2008 From: wallrq at buckleypc.com (Herschel Wall) Date: Sun, 11 May 2008 09:06:18 -0700 Subject: r u looking to BUY Bacheelor/MasteerMBA/Doctoraate dip1omas? read more her ymg dxxfrd bcqejl112 In-Reply-To: <50b401c8b034$cdd032b3$7135d4e7@jxc7nh9> Message-ID: <1210521978.4756@buckleypc.com> We can assist with Diplomas from prestigious universities based on your present knowledge and LifeExperience. No required examination, tests, classes, books, or interviews. Bacheelor, MasteerMBA, and Doctoraate diplomas available in the field of your choice - that's right, you can become a Doctor and receive all the benefits that comes with it! Diploma/Certificate Valid in all countries No one is turned down Confidentiality assured CALL US 24 HOURS A DAY, 7 DAYS A WEEK For US: 1-309-407-3749 Outside US: +1-309-407-3749 "Just leave your NAME & PHONE NO. 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Name: not available Type: text/html Size: 731 bytes Desc: not available URL: From esolismo at flash.net Sun May 11 11:39:41 2008 From: esolismo at flash.net (Earline Solis) Date: Sun, 11 May 2008 18:39:41 +0000 Subject: SOLD OUT -LIMITED OFFER-Rolex Watchs under 250$ x1dyqq Message-ID: <1210531181.9871@flash.net> Dear cypherpunks at jfet.org Do you want Rolex under 230$? If yes Please visit our site http://wwesla.com http://wwesla.com Thanks Jennifer Cassidy cypherpunks at jfet.org wrote: > SOLD OUT -LIMITED OFFER-Looking for Gift? Buy Rolex rqdrl02xc7- out me now http://wwesla.com/remove/ From cypherpunks at jfet.org Sun May 11 20:24:41 2008 From: cypherpunks at jfet.org (Beatriz Betts) Date: Sun, 11 May 2008 22:24:41 -0500 Subject: Tag Heuer replicas better than originals Message-ID: How about making your friends jealous and saving a lot of money doing it? Forget about spending thousands of dollars on a new Rolex watch! 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Name: 1.gif Type: image/gif Size: 11798 bytes Desc: not available URL: From akstcaabybrofriskolemnsdgs at aabybrofriskole.dk Mon May 12 13:04:21 2008 From: akstcaabybrofriskolemnsdgs at aabybrofriskole.dk (Lucille Osborne) Date: Mon, 12 May 2008 21:04:21 +0100 Subject: Flawless Medical Joy Message-ID: <01c8b473$bfdb5400$e0821a53@akstcaabybrofriskolemnsdgs> Nowadays saving money is more important then ever before. http://minuteeffect.com We expect your experience to be second to none. From cypherpunks at jfet.org Tue May 13 01:52:59 2008 From: cypherpunks at jfet.org (Lucy Crandall) Date: Tue, 13 May 2008 03:52:59 -0500 Subject: Trim line or sport watch? You choose Message-ID: Prestige Replicas is now bigger and better than ever before! I'm sure you're familiar with this popular replica store, so I'm glad to announce that Prestige Replicas has been completely redesigned and now offers not only the highest quality replica watches but also handbags and jewelry! 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Name: not available Type: text/html Size: 680 bytes Desc: not available URL: From cypherpunks at jfet.org Wed May 14 12:06:53 2008 From: cypherpunks at jfet.org (Sandy Hahn) Date: Wed, 14 May 2008 14:06:53 -0500 Subject: Watches made to impress Message-ID: A Bvlgari watch is an extraordinary masterpiece that is born from the marriage of watch making and jewelry expertise. Only the most discriminating and sophisticated watch users dare put a Bv1gari on their wrists, but once the metal touches their skin, they are bound forever... How would you like to become one of the lucky few that have experienced the pleasure of sporting a Bvlgari timepiece? Now you can, and at a very reduced cost! Prestige Replicas offers a tremendous collection of Bvlgari replicas starting just a little above $200... 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For three centuries the frontier had defined us, tantalized us with the perpetual chance to "light out for the territories" and start our lives over. It was the foundation of those very American notions of "federalism" and "rugged individualism." But Americans had crossed an invisible line in history, entering a new world with a new set of rules. What Turner couldn't guess was that the unexplored prairie would become the uninvented new product, the unexploited new market and the untried new business plan. The great new American frontiers proved to be those of business, science and technology. In the course of the 20th century, Americans invented more milestone technologies and inventions, created more wealth and leisure time, and reorganized their institutions more times than any country had ever done before  despite a massive economic depression and two world wars. It all reached a crescendo in the magical year of 1969, with the creation of the Internet, the invention of the microprocessor and, most of all, a man walking on the moon. Along with genetic engineering, we are still busily spinning out the implications of these marvels. Yet it is becoming increasingly apparent that the cultural underpinnings of these activities have changed in some fundamental way. We still have schools, but a growing number of our children are studying at home or attending private schools  and those in public schools are doing ever more amounts of their class work on the Internet. We still have companies and corporations, but now they are virtualized, with online work teams handing off assignments to each other 24/7 around the world. Men and women go to work, but the office is increasingly likely to be in the den. In 2005, an Intel survey of its employees found that nearly 20% of its professionals had never met their boss face-to-face. Half of them never expected to. Last summer, when the Media X institute at Stanford extended that survey to IBM, Sun, HP, Microsoft and Cisco, the percentages turned out to be even greater. Newspapers are dying, networks are dying, and if teenage boys playing GTA 4 and World of Warcraft have any say about it, so is television. More than 200 million people now belong to just two social networks: MySpace and Facebook. And there are more than 80 million videos on YouTube, all put there by the same individual initiative. The most compelling statistic of all? Half of all new college graduates now believe that self-employment is more secure than a full- time job. Today, 80% of the colleges and universities in the U.S. now offer courses on entrepreneurship; 60% of Gen Y business owners consider themselves to be serial entrepreneurs, according to Inc. magazine. Tellingly, 18 to 24-year-olds are starting companies at a faster rate than 35 to 44-year-olds. And 70% of today's high schoolers intend to start their own companies, according to a Gallup poll. An upcoming wave of new workers in our society will never work for an established company if they can help it. To them, having a traditional job is one of the biggest career failures they can imagine. Much of childhood today is spent, not in organized sports or organizations, but in ad hoc teams playing online games such as Half Life, or competing in robotics tournaments, or in constructing and decorating MySpace pages. Without knowing it, we have been training a whole generation of young entrepreneurs. And who is going to dissuade them? Mom, who is a self-employed consultant working out of the spare bedroom? Or Dad, who is at Starbuck's working on the spreadsheet of his new business plan? In the past there have been trading states like Venice, commercial regions like the Hanseatic League, and even so-called nations of shopkeepers. But there has never been a nation in which the dominant paradigm is entrepreneurship. Not just self-employment or sole proprietorship, but serial company-building, entire careers built on perpetual change, independence and the endless pursuit of the next opportunity. Without noticing it, we have once again discovered, and then raced off to settle, a new frontier. Not land, not innovation, but ourselves and a growing control over our own lives and careers. And why not? Each step in the development of American society has been towards an ever-greater level of independence, freedom and personal liberty. And as the rest of the world catches up to where we were, we've already moved on to the next epoch in the national story. But liberty exacts its own demands. Entrepreneurial America is likely to become even more innovative than it is today. And that innovation is likely to spread across society, not just as products and inventions, but new ways of living and new types of organizations. The economy will be much more volatile and much more competitive. In the continuous fervor to create new institutions, it will become increasingly difficult to sustain old ones. New political parties, new social groupings, thousands of new manias and movements and millions of new companies will pop up over the next few decades. Large corporations that don't figure out how to combine permanence with perpetual change will be swept away. This higher level of anarchy will be exciting, but it will also sometimes be very painful. Entire industries will die almost overnight, laying off thousands, while others will just as suddenly appear, hungry for employees. Continuity and predictability will become the rarest of commodities. And if the entrepreneurial personality honors smart failures, by the same token it has little pity for weakness. That fraction of Americans  10%, 20%  who still dream of the gold watch or the 30-year pin will suffer the most . . . and unless their needs are somehow met as well, they will remain a perpetually open wound in our society. Scary, exciting, liberating, frustrating, infinitely ambitious and thoroughly amnesic. If you live in a high-tech community like Silicon Valley or Redmond or Austin, you already live in this world. It's hard to imagine more exciting places to be. For all of our fears about privacy and security, for all the added pressures that will be created by heightened competition and clashing ambitions, America as an entrepreneurial nation will reward each of us with greater independence  and perhaps even greater happiness  than ever before. It waits out there for each of us. Being good entrepreneurs, it's time to look ahead, develop a good plan, and then bet everything on ourselves. Mr. Malone's next book is "The Protean Corporation" (Random House). 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"People are having trouble sleeping at night," says Charles Rettig, a tax lawyer at Hochman, Salkin, Rettig, Toscher & Perez in Beverly Hills, Calif. "They don't want to go to prison." Lawyers advising tax dodgers are saying their clients are struggling to decide among several alternatives. They can confess and plead for mercy. They can quietly file amended tax returns, pay up, make other required disclosures and hope overworked government prosecutors won't follow up. Or they could choose to do nothing and pray their names won't turn up. Tax dodgers are facing these stark choices as major cracks emerge in what once appeared to be an impenetrable wall of secrecy surrounding bank accounts in such well-known havens as Liechtenstein and Switzerland. While officials have launched many similar campaigns in the past, their latest efforts are attracting widespread attention because they are coming from so many different directions. "Nothing is secret anymore," says Cono Namorato, a lawyer at Caplin & Drysdale in Washington and a former official at the Internal Revenue Service and the Justice Department. "No individual should take any comfort in relying on any country's so-called bank-secrecy laws." Last week, the U.S. charged a former UBS AG banker and a Liechtenstein consultant with helping clients avoid taxes. One name already has surfaced: California real-estate developer Igor Olenicoff, who pleaded guilty late last year to filing a false 2002 tax return. U.S. officials are expected to press UBS, a large Swiss financial-services company, to disclose the names of wealthy Americans who may have used its services to evade taxes. The U.S. and other countries are also probing Liechtenstein's role as a haven for tax cheats. The IRS has confirmed it is investigating more than 100 U.S. taxpayers in connection with accounts in Liechtenstein. Those names haven't been made public. Joining the U.S. in the investigation are Australia, Canada, France, Italy, New Zealand, Sweden and the United Kingdom, the IRS said. If you have an offshore account with unreported income, you "should definitely be worried," says Mr. Rettig, who represents a number of clients with such accounts. And if you have an account in Liechtenstein, you should "lawyer up immediately." Offshore tax evasion costs an estimated $100 billion in lost revenue each year, said Sen. Carl Levin (D., Mich.), the chairman of the U.S. Senate Permanent Subcommittee on Investigations, which has launched its own probe. He has introduced legislation designed to combat offshore secrecy and end the use of havens by Americans dodging taxes. A staffer confirms the investigation has begun but declines to elaborate. IRS officials also are turning up the heat. "Combating offshore tax avoidance and evasion are high priorities for the IRS," says IRS Commissioner Doug Shulman. "Recent events show there is no safe hiding place for the proceeds of tax avoidance and evasion. Anyone with hidden income and gains would be well-advised to make a prompt and complete disclosure to the IRS." A law enacted late in 2006 authorized the IRS to pay sharply higher rewards to informants in cases involving large amounts of money. In some cases, the reward can be as high as 30% of whatever the IRS collects. Officials say valuable tips already have poured in because of this law. "Some clients are very concerned," says Bryan Skarlatos, a lawyer at Kostelanetz & Fink in New York and chairman of the American Bar Association tax section's committee on civil and criminal tax penalties. While there still are some "bank-secrecy jurisdictions," he says, "none of them are as safe as they used to be, and none are ironclad." In some cases, Mr. Skarlatos is talking to IRS officials about arranging for clients to come in from the cold, confess and arrange full payment -- in the hopes that prosecutors won't bring criminal charges. But he and other lawyers agree this "voluntary disclosure" approach isn't always the best choice. Here are the pros and cons of several options -- short of fleeing the country altogether -- facing scofflaws:  The ostrich approach. Bury your head in the sand and hope the storm clouds will blow away without your being caught. This might work if you're reasonably confident your name won't be discovered. But lawyers say the odds of getting caught have grown rapidly because of the growing number of nations pursuing tax cheats and the increased willingness among them to swap information. "There are some people who are just brazen and think the government will never locate them," says Mr. Rettig, the tax attorney. But "doing nothing and hoping to not be located is not a viable option. Their confidence is misplaced. The issue is when the government will locate them, not whether. And when they're discovered, the house of bricks will literally fall on the person." Ostriches also risk getting hit with very stiff penalties -- and possible criminal sanctions -- just for failing to report foreign financial accounts.  Make amends quietly. Another option is to file amended returns, using Form 1040X. Some lawyers suggest filing several years of amended returns all at once, while others prefer to send each year's return separately. Whatever the case, one lawyer says the amended-return approach is usually the best idea because filing and paying everything owed often can help ward off criminal prosecution, especially if the authorities were previously unaware that the client had done anything wrong. But it's certainly not a risk-free approach since the client is admitting that a previous tax return was erroneous, says Mr. Skarlatos.  Surrender outright. Some people have hired experienced tax lawyers to test the waters with the IRS, initially on an anonymous basis, to see what might happen if they turn themselves in and pay everything they owe -- in the hopes of avoiding jail. This is sometimes known as a "noisy disclosure," as opposed to the quieter approach of filing amended returns and hoping for the best. "Most of our clients decide to opt for a formal or 'noisy' voluntary disclosure, notwithstanding its complexity, because they want the comfort of sleeping well at night at the conclusion of the process without worrying about future IRS actions," says Mark Matthews, a lawyer at Morgan, Lewis & Bockius in Washington and a former official at the IRS and Justice Department. But some people aren't eligible. Among them are those with "illegal source" income, such as money from bribes or securities fraud. A voluntary disclosure "probably makes sense" for someone who has "only legal sources of income, is not under audit or investigation and whose noncompliance is not likely to be imminently discovered" and who is "prepared to pay or make arrangements" to pay what they owe, Mr. Matthews says. As one New York lawyer puts it, the IRS is more sympathetic to people who have seen the light, rather than the light seeing them. An IRS spokesman cautions that a voluntary disclosure "will not automatically guarantee immunity from prosecution," but it "may result in prosecution not being recommended." From measl at mfn.org Wed May 21 12:10:14 2008 From: measl at mfn.org (J.A. Terranson) Date: Wed, 21 May 2008 14:10:14 -0500 Subject: [Fwd: [med-events] - Is Hillary out?] Message-ID: <48347396.9050701@mfn.org> -------- Original Message -------- Subject: [med-events] - Is Hillary out? Date: Tue, 20 May 2008 17:57:32 -0500 From: Gil Ross To: "Med-Events Is Hillary out? May 20, 2008 BY MICHAEL SNEED Sun-Times Columnist Is it over? Has the Hillary Clinton camp privately begun throwing in the towel? To wit: Sneed hears a Hillary Clinton fund-raiser starring hubby Bill Clinton here Thursday will only ask for cash they don't have to give back. Translation: the $1,000-a-ticket event at the Palmer House Hilton will only ask donors for money covering her primary campaign. Further translation: It's a big administrative hassle to refund general election cash -- but you don't have to give back money donated to the primary campaign. Hillary has already infused her war chest with $9 million-plus of her personal funds. $$$$$: Donors can give $2,300 for the primary and $2,300 for the general election, and often get hit up for the full $4,600 at these fund-raisers. The buckshot: "This is the first time I've ever seen a federal campaign ask only for primary dollars. The fact is the fat lady is standing at the microphone -- and will be singing soon," according top a Dem fund-raiser. . _______________________________________________ med-events mailing list med-events at ccm-l.org http://ccm-l.org/mailman/listinfo/med-events From rah at shipwright.com Wed May 21 11:10:23 2008 From: rah at shipwright.com (R.A. Hettinga) Date: Wed, 21 May 2008 14:10:23 -0400 Subject: The Tragic Irony of Beltway Libertarianism Message-ID: <61578AA7-6B3D-420B-8627-8000EF73ED53@shipwright.com> The Wall Street Journal May 21, 2008 FIGHTING WORDS By THOMAS FRANK The Tragic Irony of Beltway Libertarianism May 21, 2008; Page A17 Consider the poor Washington libertarian. Everywhere else in America his type is an exotic species, a coffee-shop heretic who quotes from "Atlas Shrugged" and steers every conversation toward Ron Paul or gold. Take him or leave him, he doesn't care. He is his own master. Not so the Beltway variety. Here, in the very home of the taxing, regulating leviathan, the libertarian is such a commonplace and unremarkable bird that no one gives him a second glance. Here he is a factotum of the establishment, a tiny voice in a vast choir assembled by business and its tax-exempt front groups to sing the virtues of the entrepreneur. And therein lies his dilemma. Almost by definition, our young libertarian's job is to celebrate the profit motive from the offices of a not-for-profit organization. He is subsidized, in other words, to hymn the unsubsidized way of life. Rugged individualism may be his creed, but a rugged individual he ain't. This is more than just an abstract problem, as I discovered last week at a panel discussion hosted by America's Future Foundation, one of the lesser libertarian nonprofits in the city. The questions that night were whether nonprofit work constituted a "real job" and if moving to the private sector was "selling out"  ideas well known to any liberal do-gooder. The audience of young professionals learned about the need to find a job that you loved. It heard the inevitable complaint that "there are plenty of people who are choosing for-profit over nonprofit" when their heart tells them to do the opposite. A panelist asked the audience to imagine a foundation worker saying to his boss, "I love what I do, but in the end I've got a wife and three kids, and we live in McLean, and the mortgage is through the roof, and my commute sucks, or whatever, I need a little bit more cash," only to have his employer turn him down. These plaints sounded so familiar that I felt like suggesting that everyone there hop out and grab a copy of Daniel Brook's fine but distinctly unlibertarian 2007 book "The Trap." By skewing society's rewards so lopsidedly to the top in the country's richest cities, Mr. Brook writes, the tax-reducing, market-minded economic policies of the last few decades have priced all sorts of high-minded occupations to the bottom of the middle class: teaching, the arts, and, of course, nonprofit work. Many of the people Mr. Brook talks to in such cities haven't given up on these pursuits because they're "sellouts"; they've given up because they want proper health care or decent housing or good schools for their kids. In traditional sellout theory there is always some grand cause or principle that is being exchanged for immediate gain  artistic independence, for example, or the fate of the panda, trembling piteously before the onrushing bulldozers of modernity. But what is it that libertarians are selling when they accept the fat paychecks of corporate America? The noble principle of self interest? The utopia of the market itself? Will the workings of supply and demand really seize up if some young Ayn Randette chooses to forsake, say, the Cato Institute and instead help ExxonMobil pile up the pelf? Fortunately, there were a few plainspoken men of the market present at the gathering to set things straight. Capitalists were the world's real heroes, they reminded us, delivering value to the public and seeing that value quantified precisely by the numbers on the balance sheet. That was reality. the idea that "there's something special about nonprofits," scoffed one forthright fellow  "well, that's crap. Nonprofits are an artifice of the law, and what's special about them is not that they do different things or that they are organized in a special way, it's that they don't pay taxes." Personally, I would take this hard line one step further: Selling out is not a threat to the market order; selling out is how the market gets its way. Just look at the city in which all these remarks were made. Private-sector Washington is one of the wealthiest places in America. Public-service Washington lags considerably behind. The chance of ditching the one for the other is what accounts for everything from the power of K Street to the infamous "revolving door," by which a public servant takes a cushy corporate job after engineering some extravagant government favor for the corporation in question  or its clients. The libertarian nonprofits that line the city's streets often serve merely to rationalize this operation after the fact, giving a pious shine to the policies that are made in this unholy manner. To their credit, the nonprofit libertarians I watched the other night did not ask for sympathy. Their own doctrine won't permit it. Having spent years urging lawmakers to wreck the social order that once made occupations like theirs tenable, they will cling stubbornly to their free-market idol all the way down. 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New open doors for software patents in EU 2. Updates on Visa Information System Regulation 3. The French Government goes against CNIL in biometric passports 4. BBA Awards Italy 2008 5. UK Government will store all phone, Internet traffic data 6. Google StreetView might breach EU laws 7. Microsoft appeals the EC fine but faces even more complaints 8. Recommended Reading 9. Agenda 10. About ============================================================ 1. New open doors for software patents in EU ============================================================ Even though the European Parliament voted against the software patents in Europe in 2005, new measures that could make software patents enforceable are still being discussed with the US counterparts or within the framework of the Community Patent. The Foundation for a Free Information Infrastructure (FFII) reports that a bilateral patent treaty could be agreed and signed with the United States by the end of the year. The treaty could contain provisions on software patents that will make them legal in both states. Benjamin Henrion, a Brussels based patent policy specialist, explained for FFII: "Talks in the Transatlantic Economic Council (TEC) are the current push for software patents. The US want to eliminate the higher standards of the European Patent Convention. The bilateral agenda is dictated by multinationals gathered in the Transatlantic Economic Business Dialogue (TABD). When you have a look who is in the Executive Board of the TABD, you find not a single European SME in there." The substantive harmonisation of patent laws was one of the topics during the Transatlantic Economic Council (TEC) on 13 May 2008 between high level representatives from EU and US. TEC is a closed trade process and it is not the first time free trade agreements are being used by the US counterparts to promote their IP requirement - such as the TRIPS treaty. Also it is worth noting that after the failure of the Substantive Patent Law Treaty, the US has switched to TEC, a closed forum, to discuss the software patents issues with EU. FFII President, Alberto Barrionuevo, explains why the current approach is wrong: "The European Union does not have a Community Patent, neither a substantive patent law in its acquis, except the biotech directive. As long as there is no substantive patent law in the EU, it is quite silly to discuss about a bilateral patent treaty with the United States. Its like a blind showing the way for a deaf. If the USA really wanted to fix their patent practice they should first switch to first-to-file and join the European Patent Convention." But this is not the only open door for software patents. The European Community Patent, a patent draft law that would allow individuals and companies to obtain a unitary patent throughout the European Union, is still being discussed. Acording to a member representing FSFE, part of the CEA-PME SME Federation, that participated in a Working breakfast on Community Patent, a Director of the European Commission considered the possible adoption of the Community Patent proposal as the final attempt. Right now only Spain is openly against the project. Apparently, most countries were now satisfied with the proposal to have patents only in English, French, and German. Unofficial automated translations would be provided in the other languages of the EU, even though the EC representative acknowledged the general low quality of automated translations but said that the EPO had now developed some amazing new software for automated translations. The FFII representative also highlighted the EC software patents policy: "When talking about software patents, she constantly called them "wrongly granted" patents or "disguised software patents". This is consistent with the European Commission's position that software patents are not valid, but "computer implemented inventions" are valid. In reality, the latter is just a vague term which includes software patents. The European Commission's use of these funny terms and definitions makes meaningful dialogue difficult." McCreevy wants to legalise Software Patents via a US-EU patent treaty (13.05.2008) http://press.ffii.org/Press_releases/McCreevy_wants_to_legalise_Software_Patents_via_a_US-EU_patent_treaty Working breakfast on Community Patent (15.05.2008) http://fsfe.org/en/fellows/ciaran/ciaran_s_free_software_notes/working_breakfast_on_community_patent Transatlantic Economic Council: objectives for Spring 2008 meeting http://ec.europa.eu/enterprise/enterprise_policy/inter_rel/tec/doc/tec_objectives.pdf EDRI-gram: ENDitorial - Regulating the Patent Industry (25.10.2006) http://www.edri.org/edrigram/number4.20/patents ============================================================ 2. Updates on Visa Information System Regulation ============================================================ An updated version of the Regulation on the Visa Information System (VIS) published by Statewatch reveals that only random checks might be carried out, if there are too many people waiting. As already presented in EDRi-gram, the legislative package on the Visa Information System that included the VIS Regulation has been adopted by the European Parliament. The system will allow fingerprinting and checking security of all visitors to EU that apply for a visa in their home country. All the details, including fingerprints are held on the central VIS database so that on entry to and exit from the EU identity checks can be carried out. The VIS Regulation will allow consulates and other competent authorities to start using the system when processing visa applications and to check visas. The European Data Protection Supervisor has insisted on the importance of data protection in these situation: "The VIS database will be the biggest cross border one in Europe. Some 20 million new entries per year, regarding people who apply for a Schengen visa, are foreseen. It is of utmost importance that data protection is taken seriously for these, a priori, innocent people". After the last meeting of the Working Party on Frontiers /Mixed Committee, the new proposal from the Council Presidency says that if there are too many people to be checked and "all resources have been exhausted" then only random checks will be carried out. This implies amending article 7(3) which is making the verification of the visa holder identity and the authenticity of the visa compulsory, by consulting the Visa Information System (VIS): "By way of derogation, where traffic of such intensity arises that the waiting time at the border crossing point becomes excessive and all resources have been exhausted as regards staff, facilities and organisation and where, on the basis of an assessment of the risk related to internal security and illegal immigration, it is established that the consultation in the Visa Information System need not be systematic, such consultation may be carried out on a random basis for as long as these conditions are met." Another issue with the VIS database is the possible access of the US authorities to its content. The idea was rejected in a debate at the European Parliament where the MEP Sarah Ludford, rapporteur on the EU Visa Information System, asked for clear assurances that the US would not acquire access to the databases: "At a time of warnings about the frightening spread of the Mafia as well as terrorist conspiracies, why is the EU going down this blind alley of mass surveillance of the 99.9 percent of the public which is innocent, when the real need is to target the 0.1 percent of travelers who might be dangerous or criminal through intelligence- led policing and effective cross-border cooperation between law enforcement agencies?" Draft Regulation of the European Parliament and of the Council of amending Regulation (EC) No 562/2006 as regards the use of the Visa Information System (VIS) under the Schengen Borders Code (25.04.2008) http://www.statewatch.org/news/2008/may/eu-vis-border-checks-8674-08.pdf An EU push for US visa waivers to protect privacy (28.04.2008) http://www.neurope.eu/articles/85783.php EDRi-gram: European Visa Information System accepted by the EU bodies (20.06.2007) http://www.edri.org/edrigram/number5.12/VIS-EU-adoption EDRi-gram: EU Visa Database under scrutiny of the European Data Protection (2.02.2006) http://www.edri.org/edrigram/number4.2/visadatabase ============================================================ 3. The French Government goes against CNIL in biometric passports ============================================================ Ignoring the opinion of the French Data Protection Authority - the National Commission for Information and Liberties (CNIL), on 4 May 2008, the French Government passed a decree on the basis of which the French citizens will have biometric passports that will include eight fingerprints and a digital picture. The data will be introduced in a large national database. Although symbolical, CNIL's opinion should have been published alongside with such a decree in the Official Journal. The Government's decree went against CNIL's unfavourable opinion given on 11 December 2007 which was published a week after the decree. Alex T|rk, president of CNIL reinforced the commission's position on 16 May 2008, on the occasion of the presentation of the annual report of the commission. "We haven't been heard on two issues: first, we believe such an important subject should go to the Parliament and the, we have not obtained the elements allowing the justification of creating this database" said Alex T|rk. The commission considers that the biometric passport does not seem to be a useful tool in fighting document fraud and that the targets proposed by the government of issuing, replacing or withdrawing passports as well as detecting and preventing document falsification "do not justify the retention, at the national level, of biometric data such as fingerprints" and, therefore, the creation of such a database is a disproportionate measure. CNIL also draws the attention on the fact that the decree goes even beyond the European regulation which has in view only two fingerprints and says nothing about preserving the information into a central database. The system involves "risks of serious damages to private life and individual liberties" in the commission's opinion. CNIL reinforces its opposition to the biometric passport (only in French, 17.05.2008) http://www.lemonde.fr/archives/article/2008/05/17/la-cnil-reitere-son-opposition-au-passeport-biometrique_1046279_0.html Biometric passports: unfavourbale opinion from CNIL (only in French, 13.05.2008) http://www.lemonde.fr/societe/article/2008/05/13/passeports-biometriques-avis-defavorable-de-la-cnil_1044267_3224.html#ens_id=1041034 Biometric passports: CNIL against central database (only in French, 10.05.2008) http://fr.news.yahoo.com/afp/20080510/tfr-passeport-gouvernement-cnil-lead-a8f5b30.html CNIL Opinion on biometric passports (only in French, 11.12.2007) http://www.cnil.fr/?id=2427 ============================================================ 4. BBA Awards Italy 2008 ============================================================ The Italian Big Brother Awards for 2008 were presented on 10 May 2008 during an e-privacy convention in Florence. The Italian jury is formed by 6 jurors who have to vote over 26 nominations, out of which 5 are for the positive award. The public institution award was received by the Ministry of Economics for its very ample checking instruments. The institution is not the one to prove the citizens are breaking the law, instead it requires the tax payers to prove they are on the right side of the law. With the excuse of fighting tax evasion, the institution has been recently empowered to create mass personal (bank, health etc.) data filing, an obvious and useless violation of the citizens' privacy. The award for the worst private company was received by Yahoo for the intensive monitoring of its users. Yahoo has provided the Italian Government with data of its users. In the case of the Chinese journalist Shi Tao, during a hearing in front of a US Congress commission on 11 November 2007, Yahoo CEO Jerry Yang has admitted and apologized for the action and for having previously denying the fact. The most invasive technology was considered to be the DNA Bank of the RIS (the Scientific Investigation Division of the "carabinieri") of Parma which was created "quietly" without any specific normative act. No details are known about the genetic database and there is an obvious risk of abusing the respective data. TV journalist Bruno Vespa was awarded the "Boot in the Mouth" price for having dealt superficially and therefore misinforming people about the Internet and new technologies. During a broadcast on 21 February 2008, as in other previous occasions, he expressed alarming ideas on the impact on privacy and the education of young people of the Internet in general and of the new technologies. The life time award was received by Franco Frattini, the former EU Commissioner for Justice and Internal Affairs and since 8 May 2008 the Italian Minister of Foreign Affairs, for having spread an idea of security that involves "monitoring and censuring dangerous words". "Winston Smith - Privacy hero" positive awarded was given to Autistici/Inventati team for its entire activity and for having provided, voluntarily and free-of-charge, for years, communication services that have observed privacy more than the commercial or institutional organisations. Autistici/Inventati is the hero of privacy (only in Italian, 12.05.2008) http://punto-informatico.it/2281258/PI/News/Autistici-Inventati--egrave--l-eroe-della-privacy/p.aspx Big Brother Award Italy 2008 (only in Italian, 10.05.2008) http://bba.winstonsmith.info/ EDRi-gram: ENDitorial: "Frattinising" isn't the only threat (26.09.2007) http://www.edri.org/edrigram/number5.18/frattinising ============================================================ 5. UK Government will store all phone, Internet traffic data ============================================================ An announcement on 19 May 2008 by the UK government may herald the next step in governmental attempts to grab hold of traffic data. Despite the strongly negative reactions against the EU data retention directive, which governments must transpose into national law by 15 March 2009, the UK government (which has been a key driver of data retention) now demands even more. Gordon Brown wants all traffic data - itemised phone bills, mobile phone records and Internet traffic logs - to be collected and stored in a central government database. The plan, which appeared in Monday's Times, has been criticised by the opposition as `more of a threat to our security than a support' while the privacy regulator said that `We are not aware of any justification for the State to hold every UK citizen's phone and internet records' and opined that the proposal `may well be a step too far'. The UK Regulation of Investigatory Powers Act already enables public officials to obtain traffic data from service providers, and has come in for recent criticism as the scope of its use has become clear. When it was passed in 2000, only nine organisations were allowed to use it but that number has risen to 792. For example, a local council has used it to check whether a child lived within a school's catchment area. In private briefings to ISP and telco staff, government officials have said they want to trace criminals' contact networks faster and more cheaply, and having all traffic data on one database will be much more convenient than having to make repeated enquiries of multiple phone companies, ISPs and other service providers. They also want to make global enquiries such as `show me everyone in the UK who sent emails at 21:07, 21:22 and 21:55 last Tuesday'. The ISPs for their part have complained that harvesting large quantities of data that they do not at present keep for business purposes will require massively expensive network re-engineering. There are also serious doubts about the UK government's ability to build a system capable enough to cope with billions of emails, texts and phone messages, given its long history of failed software projects. One argument behind the data retention directive was that a purely national system of data retention could not be very effective, as ISPs would simply move their operations to other Member States to save the cost of compliance. It remains to be seen whether the same arguments will once again be used to argue for centralised data retention on a European scale. It is also quite unclear whether a government database of all citizens' phone and Internet records is consistent with European law. `Big Brother' database for phones and e-mails (20.05.2008) http://business.timesonline.co.uk/tol/business/industry_sectors/telecoms/article3965033.ece Anti-terror law used to snoop on fishermen (14.05.2008) http://www.telegraph.co.uk/news/uknews/1952551/Anti-terror-law-used-to-snoop-on-fishermen.html Government orders data retention by ISPs (15.05.2008) http://www.out-law.com//default.aspx?page=9121 EDRI gram: Data retention for one year for UK telecom companies (1.08.2007) http://www.edri.org/edrigram/number5.15/data-retention-UK (Contribution by Ross Anderson - EDRi-member FIPR -UK) ============================================================ 6. Google StreetView might breach EU laws ============================================================ The European Data Protection Supervisor warned that the StreetView feature of the Google Maps service could breach the EU data protection laws, if they show the pictures taken from the European cities. The StreetView service makes it possible for users of GoogleMaps to see several photos that show a 360-degree look on how the city streets or crossings are seen at a street level. But they also get in these pictures the pedestrians that are passing by or anyone in the area. The service is available right now only for some US cities, but Google has started the activities in order to get pictures from some European cities. Their fleet of vans with cameras has been spotted in London, Rome or Paris. The European Data Protection Supervisor, Peter Hustinx, declared during the press presentation of his annual data protection report: "I would encourage Google to think about how to do this. Making pictures on the street is in many cases not a problem, but making pictures everywhere is certainly going to create some problems. I'm quite sure they are aware of this." Google didn't announced when the StreetView feature will be available for the European cities, but the service is expected to be launched next year. Hustinx warned the company that "Complying with European data protection law is going to be part of their business success or failure. If they would ignore it, it is likely to lead to (court) cases, and I think they would be hit hard." But Google was already taking into consideration the privacy concerns and announced that they developed a new face-blurring technology that would be perfected in the future. In a blog post on Google Earth and Maps teams, they presented the new change: "We're also taking this opportunity to test our new face-blurring technology on the busy streets of Manhattan. This effort has been a year in the making -- working at Street View-scale is a tough challenge that required us to advance state-of-the-art automatic face detection, and we continue working hard to improve it as we roll it out for our existing and future imagery." Google also announced that they would delete the images from StreetView if someone complained and they think that these two actions should respond to some of the privacy problems already highlighted. Street View revisits Manhattan (12.05.2008) http://google-latlong.blogspot.com/2008/05/street-view-revisits-manhattan.html Google blurs the privacy issue (13.05.2008) http://www.guardian.co.uk/business/2008/may/13/google.digitalmedia Google map service could face EU lawsuits (16.05.2008) http://euobserver.com/9/26154/?rk=1 ============================================================ 7. Microsoft appeals the EC fine but faces even more complaints ============================================================ While new accusations have been brought to Microsoft, the giant company announced on 9 May 2008 that it has appealed, at the Court of First Instance in Luxembourg, the 899 million euro fine imposed in February 2008 by the European Commission (EC) for having abused its dominant position on the market. "We are filing this appeal in a constructive effort to seek clarity from the court," was the company's statement. The basic question of the dispute is the way in which patents and interoperability protocols are licensed by Microsoft to competitors. In February, Microsoft announced a series of interoperability initiatives that would provide more interoperability between Microsoft's products and those of competitors, including publishing all details of application programming interfaces for its most widely used products. EC argues that the terms of the licensing are unusable for open source software projects, as they are still subject to royalty payments. In its turn, Microsoft considers that the terms requested by the EC violate its intellectual property rights. On 13 May 2008, the British Educational Communications and Technology Agency (BECTA) also filed a complaint to the EC against Microsoft's "anti-competitive licensing practices" after having previously made the same complaint in UK with the Office of Fair Trading (OFT), the British competition regulator. BECTA considered that the lack of compatibility between Microsoft's OOXML document standard and alternative codes, such as ODF, were deliberate as the giant "refuse to offer equivalent support for the ISO-approved Open Document Format (ODF)". Stephen Lucey, executive director of strategic technologies for BECTA, also stated: "It is not just the interests of competitors and the wider marketplace that are damaged when barriers to effective interoperability are created. (...) Such barriers can also damage the interests of education and training organisations, learners, teachers and parents". In its complaint to OFT, BECTA has argued that Microsoft supported its own technical protocols far better than it supported the industry standard ones. "This decision had the effect of requiring users to download and install a range of converters to enable them to interoperate with those competitor products" also said the agency statement. As a response to BECTA's complaint, CompTIA, an industrial association of which Microsoft is a member, published on 14 May a statement where it emphasized that "the working ICT marketplace fosters immense choice and solutions, which boost the overall interoperability and widespread use of competing ICT products and services". Although OFT has agreed on BECTA's filing the complaint with the EC as well, it has not yet given its decision on the matter. Microsoft appeals record EC fine (13.05.2008) http://www.heise.de/english/newsticker/news/107780 Microsoft's EU legal troubles continue (14.05.2008) http://www.euractiv.com/en/infosociety/microsoft-eu-legal-troubles-continue/article-172347 Education agency complains to Brussels about Microsoft (15.05.2008) http://www.out-law.com//default.aspx?page=9119 Microsoft challenges 899 million fine (12.05.2008) http://www.out-law.com/page-9108 EDRI-gram: Opera complains to the EC on Microsoft's Internet Explorer (19.12.2007) http://www.edri.org/edrigram/number5.24/opera-commission-microsoft ============================================================ 8. Recommended Reading ============================================================ European Data Protection Supervisor 2007 Annual report http://edps.europa.eu/EDPSWEB/Jahia/EDPSWEB/edps/lang/en/pid/22 ============================================================ 9. Agenda ============================================================ 27 May 2008, London, UK Surveillance, the Database State, Online Crime ... What Next? (10th Birthday Party of the Foundation for Information Policy Research) http://www.fipr.org/birthday10.html 31 May 2008, Germany Freedom rather than fear - Nation-wide action day against surveillance http://www.freiheitstattangst.de/ 30-31 May 2008, Bucharest, Romania eLiberatica 2008 - The benefits of Open and Free Technologies http://www.eliberatica.ro/2008/ 6-7 June 2008, Bremen, Germany IdentityCamp - a barcamp around identity 2.0 and privacy 2.0 http://barcamp.org/IdentityCampBremen 17-18 June 2008, Seoul, Korea The Future of the Internet Economy - OECD Ministerial Meeting http://www.oecd.org/FutureInternet 23 June 2008, Paris, France GigaNet is organizing an international academic workshop on "Global Internet Governance: An Interdisciplinary Research Field in Construction" http://tinyurl.com/3y9ld8 26-27 June 2008, London, UK International Conference on Digital Evidence http://www.mistieurope.com/default.asp?Page=65&Return=70&ProductID=8914&LS=DigitalEvidence 30 June - 1 July 2008, Louvain-la-Neuve, Belgium First COMMUNIA Conference - Assessment of economic and social impact of digital public domain throughout Europe http://www.communia-project.eu/conf2008 7-8 July 2008, London, UK Developing New Models Of Content Delivery Online & Innovative Strategies For Effectively Tackling Copyright Infringement http://www.isp-content-regulation.com/conference.agenda.asp 7-9 July 2008, Cambridge, UK Privacy Laws & Business 21st Annual International Conference http://www.privacylaws.com/templates/AnnualConferences.aspx?id=641 19-20 July 2008, Stockholm, Sweden International Association for Media and Communication Research pre-conference - Civil Rights in Mediatized Societies: Which data privacy against whom and how ? http://www.iamcr.org/content/view/301/1/ 23-25 July 2008, Leuven, Belgium The 8th Privacy Enhancing Technologies Symposium (PETS 2008) http://petsymposium.org/2008/ 8-10 September 2008, Geneva, Switzerland The third annual Access to Knowledge Conference (A2K3) http://isp.law.yale.edu/ 22 September 2008, Istanbul, Turkey Workshop on Applications of Private and Anonymous Communications http://www.alpaca-workshop.org/ 24-28 September 2008, Athens, Greece World Summit on the Knowledge Society http://www.open-knowledge-society.org/summit.htm ============================================================ 10. About ============================================================ EDRI-gram is a biweekly newsletter about digital civil rights in Europe. Currently EDRI has 28 members based or with offices in 17 different countries in Europe. European Digital Rights takes an active interest in developments in the EU accession countries and wants to share knowledge and awareness through the EDRI-grams. All contributions, suggestions for content, corrections or agenda-tips are most welcome. Errors are corrected as soon as possible and visibly on the EDRI website. Except where otherwise noted, this newsletter is licensed under the Creative Commons Attribution 2.0 License. See the full text at http://creativecommons.org/licenses/by/2.0/ Newsletter editor: Bogdan Manolea Information about EDRI and its members: http://www.edri.org/ European Digital Rights needs your help in upholding digital rights in the EU. If you wish to help us promote digital rights, please consider making a private donation. http://www.edri.org/about/sponsoring - EDRI-gram subscription information subscribe by e-mail To: edri-news-request at edri.org Subject: subscribe You will receive an automated e-mail asking to confirm your request. unsubscribe by e-mail To: edri-news-request at edri.org Subject: unsubscribe - EDRI-gram in Macedonian EDRI-gram is also available partly in Macedonian, with delay. Translations are provided by Metamorphosis http://www.metamorphosis.org.mk/edrigram-mk.php - EDRI-gram in German EDRI-gram is also available in German, with delay. 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