Nov-06-2009Europe Gives Up on 'Right to Internet'
(topic overview)
CONTENTS:SOURCESFIND OUT MORE ON THIS SUBJECTThe European Parliament today agreed on a new set of legal protections for those threatened with losing Internet access under anti-piracy rules. The new measure in the EU's Telecoms Reform Package considers Internet access a "fundamental" right and will require that EU countries implement a "fair and impartial" process if their laws allow for disconnecting alleged pirates. It will also permit those facing a disconnection to legally dispute their case, though this won't necessarily be part of the regular process. The extra protection is meant to curb possible excesses from laws such as
France's "three strikes" law, which cuts off Internet access for anyone accused of illegally downloading media a third time. It allows for an accelerated legal defense but doesn't treat Internet access as a right. Critics have complained that even the steps put into place as part of the French law effectively let music labels and movie studios administer their own laws by letting them accuse customers without definitive proof. Besides the anti-piracy element, the Package will also give EU member states the right to separate carriers from services they provide if the carrier is found to be abusing a dominant market position. Customers should see some additional benefits, including among them a requirement that carriers port cellphone numbers over within a day of a customer switching services.
[1] Not surprisingly, the reform package took two long years to make and included several amendments even as EU lawmakers were at loggerheads with several governments, especially France, over how to tackle the increase of illegal downloading and finally, on Thursday early morning, the EU lawmakers decided to move ahead with the package while making sure that the rights of the consumers were protected. According to EU Telecoms Commissioner Viviane Reding, the proposed package contains adequate safeguards to protect users from arbitrary cutoffs of their Internet services. Thursdays agreement, the official said, ensures that a "three strikes" law (proposed by French President Nicolas Sarkozy and seconded by the UK government, under which Internet use would be tracked and users caught downloading would be warned twice before their Internet access would be cut off for a year) "will certainly not become part of European law," Reding said. Under the guarantee, Reding said, national authorities will only be able to cut off such services if they have proof that a user was downloading illegal copies of movies or music files, ensuring users are presumed innocent.
[2] In an attempt to spare Internet users the fear of random crackdowns on illegal downloading, EU lawmakers and governments have officially finished coming up with new rights for them on Thursday. According to EU Telecoms Commissioner Viviane Reding, they sealed the deal when EU governments accepted EU parliament demands to find a happy medium between a punishment for illegal downloading and a broader set of rights for internet users, reported the Associated Press. The EU had been working on the reforms for two years, and they now include new privacy controls, consumer rights, and more competition between Internet and phone services. Unfortunately, these important improvements have not received much attention due to the intense discussions about digital user rights. The proposal also includes other reforms aiming to revamp Europe'''s telecoms market, such as setting up a new EU-wide telecoms authority with the responsibility of ensuring fair competition, reinforcing consumers' rights to change mobile or landline telephone operators within one working day, and expanding digital networks to offer faster broadband Internet service for users in rural areas.
[3] The reform, proposed by the Commission in November 2007 ( IP/07/1677 ), substantially strengthens competition and consumer rights on Europe's telecoms markets, facilitates high-speed internet broadband connections to all Europeans and establishes a European Body of Telecoms Regulators to complete the single market for telecoms networks and services. Following the endorsement of the reform package by an overwhelming majority of the European Parliament in May this year ( MEMO/09/219 ), only one subparagraph had remained controversial between Parliament and Council: the degree to which access to the internet should, and could, be protected by EU law, as well as the procedural and judicial safeguards for internet users.
[4] The 27-nation bloc was heavily lobbied by film and record labels. They called for better enforcement of copyright rules to protect profits that are dropping due to illegal file-sharing that allows people to exchange music files at no charge. Governments also gave in and finally agreed to add certain guarantees to the bill that would guard users from having their Internet services arbitrarily cut off. "This Internet freedom provision is unprecedented. and (gives) a strong signal that the EU takes fundamental rights very seriously," Reding told reporters. "(It will) substantially enhance consumer rights and consumer choice in Europe's telecoms markets." The bill is still waiting for the final approval of the European Parliament and EU governments, which will likely come later this month.
[3] Internet freedom provision The conciliation process that led to the agreement was shepherded by the European Commission. In a statement on Thursday, telecoms commissioner Viviane Reding welcomed the agreed "internet freedom provision", which she said had gained the unanimous support of all negotiators. "This internet freedom provision is unprecedented across the globe and a strong signal that the EU takes fundamental rights very seriously, in particular when it comes to the information society," Reding said. She added that the Telecoms Reform Package as a whole would "substantially enhance consumer rights and consumer choice in Europe's telecoms markets, and add new guarantees to ensure the openness and neutrality of the internet".
[5] The new internet freedom provision will be accompanied by new measures to reinforce the neutral character of the internet in Europe. Following final votes in Parliament and Council in November, these reforms could come into force in early 2010. EU countries will then have 18 months to incorporate the new provisions into their national legislation. Viviane Reding, the EU Telecoms Commissioner who had been an active party to the final talks, welcomed the agreement found between Parliament and Council: "It is very good news for Europe's citizens that negotiators of the Parliament and Council last night reached agreement on a new internet freedom provision to be included in the telecoms reform package. This internet freedom provision is unprecedented across the globe and a strong signal that the EU takes fundamental rights very seriously, in particular when it comes to the Information Society. The agreement on the new internet freedom provision, which has the unanimous support of all negotiators, now paves the way for a swift entry into force of this telecoms reform.
[4] If Parliament or the European Council do not approve the joint text at third-reading, the electronic communications framework directive is deemed not adopted and it requires a new legislative proposal from the European Commission. "It is very good news for citizens that we have reached an agreement on a new Internet freedom provision," said EU telecoms minister Viviane Reding. "This is unprecedented across the globe and sends a strong signal that the EU takes fundamental rights very seriously.
[6] The internet freedom provision was the last remaining obstacle to the approval of the European Union's Telecoms Reform after years of discussions. 'This internet freedom provision is unprecedented across the globe and a strong signal that the EU takes fundamental rights very seriously, in particular when it comes to the Information Society,' said EU Telecoms Commissioner Viviane Reding. 'The agreement on the new internet freedom provision, which has the unanimous support of all negotiators, now paves the way for a swift entry into force of this telecoms reform,' Reding said.
[7] MEPs insisted at the conciliation meeting on establishing adequate procedural safeguards for Internet access, in line with the European Convention for the Protection of Human Rights and Fundamental Freedoms guaranteeing effective judicial protection. Restrictions on Internet access may "only be imposed if they are appropriate, proportionate and necessary within a democratic society," the agreement stated. Such measures may be taken only "with due respect for the principle of presumption of innocence and the right to privacy" and as a result of "a prior, fair and impartial procedure" guaranteeing "the right to be heard. and the right to an effective and timely judicial review." The previous amendment required a court hearing for any such decision rather than a provision for judicial review as an ultimate appeal. In future, Internet users may refer to these new provisions in court proceedings when an EU state cuts their Internet access.
[6] The freedom provision is the most controversial. It effectively means that no European member state can cut off one of its citizens from the Internet without apply due process of law - enshrining the presumption of innocence and the right to privacy into the application of online policy. Any measures taken by EU governments on Internet access - from fighting child pornography or other illegal activities - must allow that EU citizens are entitled to a prior fair and impartial procedure, including the right to be heard, and they have a right to an effective and timely judicial review.
[8] On Thursday morning, after two years of wrangling with the EU member states, the EU lawmakers reached a compromise that provided safeguards for Internet users. Under the terms of the compromise, restrictions on a users internet access may "only be imposed if they are appropriate, proportionate and necessary within a democratic society." Such measures may be taken only "with due respect for the principle of presumption of innocence and the right to privacy" and as a result of "a prior, fair and impartial procedure" guaranteeing "the right to be heard (. ) and the right to an effective and timely judicial review." National authorities will only be able to cut off such services if they have proof that a user was downloading illegal copies of movies or music files, ensuring users are presumed innocent.
[9] The BBC reports the new package entitling users in all 27 EU states to be put through a "fair and impartial procedure" before being disconnected for filesharing is a compromise following all night negotiations. Some members of the European Parliament reportedly felt that no one should be cut off until after they had been prosecuted for illegal downloading in a court of law. Monique Goyens, the director general of BEUC, the European Consumers' Organisation, said it had been a hard fight but she is glad of the outcome. "It has been long hard battle but at least all sides have acknowledged that fundamental rights of users need to be guaranteed in the digital world." The news follows the passing of a "three strikes" law in France earlier this year. The law gives internet users three chances before disconnecting them.
[10] Which? campaigner Clare Corbett said: '''The government must ensure that people who have been wrongly accused of illegal file-sharing have access to a fair, free and quick independent adjudication system and that any penalties are proportionate.''' It is down to EU member states as to how they implement the legislation. In the UK Lord Mandelson has said he will introduce tough measures against illegal file-sharers, and could in extreme cases disconnect them from the network. Earlier this year France approved its controversial Hadopi Law, under which those accused of file-sharing would receive a warning first by e-mail, then a letter, and would then have their internet connection cut off for a year if they were caught a third time. Monique Goyens, Director General of
BEUC, the European Consumers' Organisation, said: '''It has been a long hard battle but at least all sides have acknowledged that fundamental rights of users need to be guaranteed in the digital world.'''
[11] Early morning, Thursday, a committee comprising of EU government representatives, members of the European Parliament and the European Commission decided not to implement the "Three Strikes" rule that gives ISPs arbitrary power to cut off Internet services of users suspected of downloading illegally, copyrighted material from the Internet. Under pressure from the music and film industries, especially France had pushed hard for tough measures against illegal downloaders and French President Nicolas Sarkozy himself had proposed the "Three Strikes" rule that would involve Internet tracking and users caught downloading illegally would be warned twice (by email and by post) before having their Internet access being cut off by their ISP for a year.
[9] Members of the European Parliament and EU member countries jointly said anyone that is suspected of illegal Internet use should have the right to a "prior, fair and impartial" hearing. This comes in contrast to proposals made by both France and the U.K. who proposed a three-strikes law that would shut down a user without warning if they illegally downloaded copyrighted material three times. Of course, each of the EU member countries can shut down a user immediately if they are believed to be using the web to conduct terrorism, organized crime and child pornography. This latest development will accelerate the realignment of Europe's telecom rules that are set to go into effect early next year.
[12] Early Thursday morning the European Parliament and EU member states finally reached a deal over a long-delayed telecoms package when MEPs softened their opposition to French-style 'three-strikes' laws aimed at illegal internet downloaders, ending for now the Brussels debate on a fundamental 'right' to internet access.
[13] The new telecoms package includes an "Internet Freedom Provision", which the authorities claim will strengthen the rights of internet users. It was formally agreed after extended debate between the EU Parliament and the Council of Ministers, concluded at around 12.45am on Thursday morning. The provision appears to allow proposals such as those by Lord Mandelson in the UK to cut off Internet file-sharers, because it stops short of making Internet access a fundamental right. It follows intense debate over recent months - and that debate is not over yet.
[14] The freedom provision effectively outlaws the basis of "Three Strikes laws" used in many jurisdictions to cut off repeat 'offenders' from the internet, and is the position of preference of many copyright holders. "This internet freedom provision is unprecedented across the globe and a strong signal that the EU takes fundamental rights very seriously, in particular when it comes to the Information Society," Commissioner Reding said. "The reform will substantially enhance consumer rights and consumer choice in Europe's telecoms markets, and add new guarantees to ensure the openness and neutrality of the internet," she said. "It will boost competition and investment in telecoms markets, and open up airwaves for new mobile services, allowing internet broadband for all Europeans."
[8] According to Reding, "the EU takes fundamental rights very seriously" and the new package "(will) substantially enhance consumer rights and consumer choice in Europes telecoms markets." "This Internet freedom provision is unprecedented," Reding said. "This is really a step forward," said Spanish lawmaker Alejo Vidal-Quadras.
[2] The proposal was resisted by several consumer protection groups, which argued that "right to Internet access" was a fundamental right. Though the deal struck early Thursday morning does not recognize Internet usage as a "fundamental right," yet, it will beef up consumers contractual rights and enhance their protection in Europe, said Asa Torstensson, Communication Minister of Sweden, which holds the collective EUs Presidency. According to EU Telecoms Commissioner Viviane Reding, the proposed package contains adequate safeguards to protect users from arbitrary cutoffs of their Internet services.
[15] EU Telecoms Commissioner Viviane Reding said a deal was reached on Thursday after EU governments agreed to parliament demands to balance a crackdown on illegal downloaders with a broader set of rights for users. She said authorities would no longer be able to immediately cut off internet services to users without providing evidence of illegal downloading.
[16] The EU has ruled to change the Internet piracy "three strikes" bill, in an effort to give more rights to those accused of piracy. EU Telecoms Commissioner Viviane Reding says EU lawmakers and governments are in agreement after two years of negotiations, that those accused of piracy and facing being cut off from the Internet should have the right to a trial.
[17] Agreement on the issue of Internet access means that the whole package can be adopted at the E.U. level by early next year, Reding said. Member states would then have 18 months to transpose the laws into their national statute books. The telecoms package creates a new E.U. -wide regulatory body with powers to tackle monopoly abuse by former state-owned telecoms incumbents, including the power to force them to separate their networks from services they distribute through those networks, if they are found to be competing unfairly against other service providers. The package aims to safeguard the neutrality of the Internet and to better protect people's privacy while they are online. It also paves the way for the redistribution of radio frequencies freed up by the transfer from analog to digital TV.
[18] Even though traffic management may allow premium high-quality services (such as IPTV) to develop and can help ensure secure communications, the same techniques may also be used to degrade the quality of other services to unacceptably low levels or to strengthen dominant positions on the market. That is why, under the new EU rules, national telecoms authorities will have the powers to set minimum quality levels for network transmission services so as to promote "net neutrality" and "net freedoms" for European citizens. Thanks to new transparency requirements, consumers must be informed ''' before signing a contract ''' about the nature of the service to which they are subscribing, including traffic management techniques and their impact on service quality, as well as any other limitations (such as bandwidth caps or available connection speed). The Commission also made a commitment last night to keep the neutrality of the internet under close scrutiny and to use its existing powers as well as new instruments available under the reform package to report regularly on the state of play in net neutrality to the European Parliament and the Council of Ministers
[4] The new rules also create an E.U. -wide range of common frequencies for mobile broadband freed up by broadcasters in the transition to digital transmission. Internet service providers also will gain the right to protect their business and their customers through legal action against spammers. With the piracy sanctions issue resolved, the European Parliament and Council of Ministers are expected this month to adopt the telecommunications package, which among other provisions will create a new E.U. telecommunications regulator, the Body of European Regulators for Electronic Communications.
[19] BRUSSELS — The European parliament and EU nations have agreed new rules to improve the rights to European mobile phone and Internet users, and offer more protection against illegal Internet porn and copyright abuse.
[20] European Parliament lawmakers and EU governments have agreed on new draft telecommunication rules they say offer breakthrough rights to European mobile phone and internet users.
[16] "PRESS RELEASE - Brussels, 5 November 2009 EU telecoms package A victory for internet users, but not the end of the line for defending their rights Yesterday evening, the European Parliament and the EU Council (representing national governments) ag".
[21] A user's Internet access may be restricted, if necessary and proportionate, only after a fair and impartial procedure including the user's right to be heard. Member of the European Parliament (MEPs) and Council representatives agreed in negotiations on Wednesday night on this, the last open issue in the telecoms package.
[22] The European Parliament and the Council have now reached an agreement on the Telecoms package in a conciliation procedure. The agreement means that internet users cannot be cut off from their internet connection without a fair and impartial procedure.
[23] Internet users throughout Europe accused of illegal file-sharing are to receive more protection from being cut off by their service provider. The European Parliament and Council is due to make a decision on its Telecoms Reform Package in late November.
[24] The text does not demand that authorities in the 27 countries of the E.U. obtain a court order before cutting off someone's Internet connection, as the European Parliament demanded when it last voted on the issue in early summer. The issue is very sensitive, and not just in Europe, where a number of countries including France and U.K. are passing laws threatening to sever users' Internet connections if they are found to have breached the copyright on music or movies. The subject is under discussion at a gathering in South Korea this week. The U.S. is trying to garner support from other countries for a treaty that would force Internet service providers to take action against subscribers to their networks involved in illegal file sharing.
[18] Although the compromise reached by representatives of the European Parliament, the 27 national governments and the European Commission has still to be confirmed, it is seen as a watershed moment for the proposed laws, which aim to enhance competition among telecoms providers and to adapt users' rights to better suit the Internet age.
[18] Representatives of the European Parliament and EU national governments struck an accord on balancing individuals' Internet access and the protection of copyright, clearing the way for a broader package meant to give regulators new authority to expose dominant telecommunication companies to greater competition. "This package really pushes liberalisation of the sector," Alejo Vidal-Quadras, a Spanish member who was one of the Parliament negotiators, said today in Brussels after the overnight deal with the Swedish government, current holder of the 27-nation EU's rotating presidency. The full Parliament and the governments must still give their approval, usually a formality after such agreements among negotiators.
[25] London - European Union (EU) lawmakers reached a landmark deal on Thursday, agreeing a new telecoms regulation that strikes a compromise between national governments seeking to impose tough anti-piracy laws and consumer organizations that wanted to enshrine Internet access as a fundamental right.
[15] The EU has paved the way for more three-strikes legislation across Europe, after dropping an amendment to its telecoms bill ruling that internet access was a fundamental right. Now the proposed legislation allows internet access restrictions when "necessary and proportionate", and only after a "fair and impartial procedure" in which the accused gets a chance to have their say. The telecoms package will now go up for a vote, having been delayed by the disagreement around this issue. It's not a guarantee of a wave of three-strikes laws the Spanish government has already confirmed that it is not planning any such measures.
[26] Long-running negotiations over the EU Telecoms Package were completed last night when MEPs agreed to drop amendments that would have made internet access a fundamental right. The proposed measure would have made it difficult for national governments to implement "three strikes" enforcement regimes against those who persistently share copyright material. It required judicial oversight of such action, which would have made it expensive and impractical.
[27] Just after midnight last night, the deadlock was broken and all parties agreed to a new "Internet freedom provision" that reinforces the presumption of innocence, the right to privacy, and the right to judicial review under any Internet sanctions. The Internet freedom provision was the final sticking point for the massive Telecoms Package, a body of reform laws that will give national regulators greater authority to pass network neutrality rules, will allow mobile and landline telephone users to change operators in a single day while keeping their old numbers, and requires the mandatory notification of consumers when their personal data has been breached.
[28] "Consequently, if the old amendment had been adopted, the European Court of Justice might have annulled the electronic communications framework directive at a later stage," Parliament's statement read. Apart from the internet freedom provision, other key elements of the Telecoms Reform Package include: the right of European consumers to
change, in one working day, fixed or mobile operator while keeping their old phone number ; powers for national telecoms regulators to set minimum broadband quality levels, so as to
stop ISPs degrading certain types of traffic ; and mandatory notifications for personal data breaches suffered by communications providers.
[5] A version of the package was
passed by the European Parliament in May. It
was rejected by the Council of Telecoms Ministers, because it contained a provision, Amendment 138/46, that would have made it impossible for member states to enact
'three-strikes' laws. Three-strikes legislation
lets countries disconnect internet users who are suspected of the unlawful file-sharing of copyrighted material, such as music or movies, after sending them two warnings.
[5] The new rules take the form of an amendment to a much wider revision of all Europe's telecoms regulations. They also represent a compromise between those who want greater protection for consumers and those who argue that copyright law is still being flagrantly disregarded by millions of computer users. It is also less than clear exactly what will constitute a "fair and impartial" procedure. Member states may argue their existing notification and adjudication procedures are sufficiently impartial - and much may depend on how the new rules are implemented. Monique Goyens, the director general of BEUC, the European Consumers' Organisation, said: "It has been long hard battle but at least all sides have acknowledged that fundamental rights of users need to be guaranteed in the digital world.
[24] The new article states that any measures taken by member states to limit internet access or use must "respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law". It also says any access or use limitations must be "appropriate, proportionate and necessary within a democratic society", and their implementation must include "effective judicial review and due process". 'Fair and impartial procedure' "Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy," the text adds.
[5] According to a statement from the European Commission, the Internet Freedom Provision - Article 1(3)a of the new Framework Directive - states that: "Measures taken by Member States regarding end-users''' access to or use of services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law."
[14] After further talks, in a conciliation committee made up of representatives of the 27 Member States and an equal number of representatives from Parliament, the negotiators of Parliament, Council and Commission agreed last night ''' by unanimity ''' on a new internet freedom provision (see Annex 1) that will substantially strengthen the rights of internet users.
[4] MEPs insisted on establishing adequate procedural safeguards for Internet access. Restrictions on a user's internet access may "only be imposed if they are appropriate, proportionate and necessary within a democratic society", agreed MEPs and Council representatives. Such measures may be taken only "with due respect for the principle of presumption of innocence and the right to privacy" and as a result of "a prior, fair and impartial procedure" guaranteeing "the right to be heard (. ) and the right to an effective and timely judicial review", says the compromise text on the electronic communications framework directive. In future, internet users may refer to these provisions in court proceedings against a decision of a Member State to cut off their internet access.
[22] During discussions held last night on the EU Telecoms Reform, member states concluded that three strike rules to cut off internet user'''s access would be allowed but only after a '''prior fair and impartial procedure or''' timely judicial review.'''
[29] An earlier bill had been rejected by the parliament amid uproar over a draft French anti-piracy law which had suggested that Internet connections of users of peer-to-peer services could be cut without the prior intervention of judicial authorities. The revised deal stresses that "citizens in the EU are entitled to a prior fair and impartial procedure, including the right to be heard, and they have a right to an effective and timely judicial review."
[20] In a reversal of the parliament's position for much of the last year, MEPs in behind-closed-doors negotiations with the Council of Ministers, representing the member states, embraced new language in a compromise text that no longer requires that only judicial authorities be allowed to cut off internet access. Rather than requiring that a judge alone be the authority to order a severing of the internet connection, the compromise text reads that only a "prior fair and impartial procedure" is necessary, a phrasing that is sufficiently ambiguous that has allowed both sides to claim a win.
[13] The move was in reaction to France's 'three strikes' or 'Hadopi' law, named for the new government agency charged with hunting down the pirates, backed by a series of special piracy judges, to cut off internet access and even jail repeat offenders after the third offence. The UK has in the past week announced it too is to introduce a similar three-strikes bill and the Dutch parliament has called on the government to come forward with its own version of the law. MEPs had strongly argued ahead of the European elections in June that three-strikes legislation is draconian and, with an eye to young voters, vowed to continue their opposition to such laws, maintaining that access to the internet had now essentially become a fundamental right as vital as access to water or electricity.
[13] Proposals to cut off persistent illegal file sharers from the internet have moved a step closer, after European parliament ruled against making access a "fundamental right", the Financial Times reports. Law makers in Brussels have agreed to drop the amendment, which was aimed at countering "three-strikes" laws, such as the one put forward by Lord Mandelson last week, which are aimed at protecting copyrighted content from being pirated. Other European countries are understood to also want to implement this tactic.
[30] In May, The EU Parliament voted 407 in favour, 57 against and with 171 abstentions on an amendment to strengthen the rights of Internet users. The lawmakers wanted to make it harder for the authorities to cut off Internet access for any subscriber suspected of breaches such as illegal downloading of copyright material.
[31] The ruling will mean that the UK government's plans to introduce a 'three strikes' rule to tackle illegal downloading, where the cost of enforcement will fall largely on internet service providers, will go ahead as planned. The EU's necessary "fair and impartial" process will be guaranteed under
business secretary Lord Mandelson's proposals, because ISPs will have to send customers a series of notifications before they are able to cut off internet access. There will also be an appeals process allowing individuals to speak out against their freedom being restricted, according to a Department for Business, Innovation and Skills spokeswoman.
[32] The rules state that the decision to restrict a customer'''s Internet access must be "appropriate, proportionate and necessary within a democratic society." In practice this will mean that ISPs can disconnect a customer from the internet if have previously sent several warnings and if they have evidence of illegal downloading. This makes it likely that the government'''s plan to introduce the 'three strikes and you'''re out''' rule in the UK will go ahead. Another area of concern has been the potential creation of a centralised body with power to regulate the telecoms market across Europe. Following a successful campaign by Conservative MEPs, this body will now be made up of national regulators with knowledge of local markets, rather than being dominated by the European Commission.
[33] On Thursday morning, the Council of the European Union, the European Parliament and the European Commission called a joint press conference to present the agreement on the telecoms package reached by the parties during the night. 'I am pleased that the telecoms package can now be adopted in its entirety so as to strengthen competition and consumer protection in Europe. These new rules also reduce the uncertainty of companies, which means that major, important investments can now be undertaken,' says President-in-Office of the Council and Sweden's Minister for Communications'sa Torstensson.
[34] The reform will substantially enhance consumer rights and consumer choice in Europe's telecoms markets, and add new guarantees to ensure the openness and neutrality of the internet. It will boost competition and investment in telecoms markets, and open up airwaves for new mobile services, allowing internet broadband for all Europeans. I would like to thank the European Parliament and their chief negotiators as well as the Council of Ministers and the Swedish presidency for their efforts. Jointly, they have made sure that Europe'''s telecoms market will become more competitive and more consumer-friendly for telecoms operators and their customers." A right of European consumers to change, in 1 working day, fixed or mobile operator while keeping their old phone number.
[4] The commissioner said the reform aims to strengthen consumer rights and give telecoms clients more choice. 'It will also boost competition and investment in telecoms markets, and open up airwaves for new mobile services, allowing internet broadband for all Europeans,' Reding said. Under the reform, for instance, consumers will have the right to change their fixed or mobile operator in one day, without having to change their old phone number. It currently takes about a week to do so. Other provisions include ways of making it easier to spread the use of broadband internet connections in rural areas and of protecting consumers against spam emails and data breaches.
[7] Viviane Reding, the EU Telecoms Commissioner involved heavily with the reform, said in a statement: "The new internet freedom provision represents a great victory for the rights and freedoms of European citizens.'''
[29] EU Telecoms Commissioner Viviane Reding welcomed the passage of the reforms, and said the new "internet freedom provision" in the laws would be an important foundation of fair play and equitable service delivery in the emerging digital economy.
[8] The Commission initiated the reforms in the telecoms package. "This Internet freedom provision is unprecedented across the globe and a strong signal that the E.U. takes fundamental rights very seriously, in particular when it comes to the information society," Reding said.
[18] The text of the telecoms package now contains a new Internet freedom provision that states that access to the Internet is a human right of every E.U. citizen, and that if authorities take away that right people must have the opportunity to defend themselves; citizens also have an automatic right to mount a legal challenge.
[18] MEPs and EU governments have agreed a new set of rule designed to encourage innovation and investment in the telecoms industry. The package clarifies the position regarding the right of ISPs to restrict a customer'''s internet access if they are believed to be illegally downloading content.
[33] The European Union has finally agreed the last details of the Telecom Reform Package, and decided that citizens' internet access can be restricted if necessary, but only after a "fair and impartial procedure including the user's right to be heard".
[32] A compromise to defend the rights of people suspected of using the Internet illegally has secured a European Union agreement on reforms to the bloc's telecoms law. Cut their access if they have downloaded copyrighted material without paying first, or child pornography? Not without a prior fair hearing.
[35] After months of often bitter debate, European Union lawmakers reached agreement on how to preserve citizen's rights to Internet access in a meeting that ended in the early hours of Thursday morning. The issue, which pits citizens' civil liberties against the rights of content owners such as record and movie companies to protect creative works on the Internet, has blocked the passage of a wide range of laws collectively dubbed the telecoms package.
[18] The watered down version has caused
civil liberties groups serious concern. The Telecoms package's woolly wording now says that restrictions on a user's internet access may "only be imposed if they are appropriate, proportionate and necessary within a democratic society", and taken only "with due respect for the principle of presumption of innocence and the right to privacy" and as a result of "a prior, fair and impartial procedure" guaranteeing "the right to be heard and the right to an effective and timely judicial review".
[36] Although
MEP Malcolm Harbour, ECR chairman of the European Parliament's internal market committee, said consumers will "be guaranteed a prior, fair and impartial procedure in any cases of proposed disconnection". Jérémie Zimmermann of
La Quadrature du Net warned : "This rather unambitious provision will now be up for interpretation, and it remains to be seen whether it will invalidate internet access restrictions such as 'three strikes' policies." The whole package of legislative proposals can now proceed to final votes in the European Parliament later this month and in the Council of Ministers.
[36] " The European Parliament today agreed legislation to reform the telecoms sector after obtaining a compromise on the last open issue from the EU Council. It was agreed that the conditions for restricting internet access should be proportionate and in ".
[37] The European Parliament and the EU Council (representing national governments) last night agreed on a compromise text regarding the protection of internet users' rights in cases of alleged copyright infringement via online file-sharing.
[38] The Greens, who had led the battle against internet cut-off in the parliament, called the result a clear victory. "The message from this EU legislation is clear: access to the internet is a fundamental right and proper procedures must be followed when challenging internet users on alleged copyright infringement," said UK Green MEP Caroline Lucas. "It is now up to national governments to respect this."
[13] "Last night'''s agreement was a victory for the Greens/EFA Group and for the thousands of citizens who have been campaigning to defend the rights of internet users through blogging and correspondence with their elected representatives. '''The message from this EU legislation is clear: access to the internet is a fundamental right and proper procedures must be followed when challenging internet users on alleged copyright infringement. It is now up to national governments to respect this.
[38] The recent agreement has been widely hailed by supporters who opine that the move will legally fortify the right to Internet access in Europe, along side the check on extensive criminal piracy. Commenting on the agreement, the amendment's sponsor, Catherine Trautmann - a member of parliament from Strasbourg, France - said: "This is a very fundamental step. It is the first time that we affirm that access to Internet is an essential tool to exercise fundamental rights and freedoms. It is progress for the rights of citizens."
[39] It replaces an amendment that had been voted through the European Parliament in May, which stated that Internet access was a fundamental right and disconnection could only go ahead with the approval of a judicial authority rather than an administrative body.
[6] Last year, the European Parliament
made clear that it wanted a tough amendment to the entire package that would require judicial oversight of any Internet disconnections targeting online copyright infringers. That provision, which was eventually codified as amendment 138, posts a clear challenge to
France's HADOPI law, which set up a non-judicial administrative body to issue Internet disconnections and maintain a national Internet blacklist. France therefore used its clout in the Council of Ministers, which represents national governments and must agree to legislation emanating from the European Parliament, to ensure that amendment 138 would not pass in its current form.
[28] The decision removes a potential obstacle for European governments who wish to suspend or disconnect Internet connections of users illegally downloading music and films, although there were always questions about the earlier amendment's validity. The U.K. proposed a three-strikes law last week and France has passed its Creation and Internet Law, although French politicians previously denied the European Parliament amendment would affect their anti-piracy measures.
[6] The dispute over Internet access arose six months ago when the Parliament approved an amendment stipulating that a government authority couldn't shut off Internet service "without a prior ruling by the judicial authorities." This provision was a response to a French measure, since reformulated, to impose sanctions on households that illegally download music and movies from the Internet.
[25] On the other side civil liberties and consumer groups battled to push the amendment through. Jim Killock of the Open Rights Group, which is campaigning against imminent UK legislation that will target illegal filesharers, said today: "With heavy government pressure, this is not unexpected, but it is disappointing." He said provisions in the agreed package could still offer some hope to the group's campaign. "This could still pose problems for Mandelson, as his proposals still look like relying on poor evidence, and therefore will be pushing people to admit guilt when they are in fact innocent. This wouldn't fit well with the current text, which has a heavy emphasis on fair procedures." It's expected that the forthcoming Digital Economy Bill, which will be in the Queen's Speech on 18 November, will detail the UK enforcement regime. Lord Mandelson has said he supports suspension of internet access as a punishment for the most persistent illegal filesharers.
[27] London - The lawmakers of the European Union (EU) agreed on a deal, Thursday, which virtually kills the controversial "Three Strikes" rule proposed by the French government against illegal Internet downloaders and beefs consumer rights.
[9] Lawmakers, gov'ts break deadlock over user's rights By Bate Felix BRUSSELS, Nov 5 (Reuters) - European Union lawmakers and the bloc's governments, clinched a deal early on Thursday over a stalled telecommunications reform package aimed at boosting competition, EU officials said.
[31] No action will also be taken against people suspected of illegal downloading "without a prior ruling by the judicial authorities." The package itself doesnt specify any venues for such hearings, leaving that to national governments. Besides the anti-piracy element, the reform package also pushed for a more consistent and competitive European telecom market and will give EU states the right to separate carriers from services they provide if the carrier is found to be abusing a dominant market position.
[15] The European Parliament has handed those accused of illegal file-sharing a potential lifeline that will give them the right to be heard before their connection is cut-off.'' MEPs and European Council representatives agreed users must '''have the opportunity to state their case and defend themselves,''' before being disconnected from the web. The compromise decision will form part of the Telecoms Reform Package due to be unveiled later this month.
[11] The negotiators, representing the European Parliament, the European Commission and the Council of Ministers compromised on aspects of the Telecoms Reform Package, which will now become part of national legislation in every E.U. country, with a deadline of May 2011.
[19] A committee made of EU government representatives, members of the European Parliament and the European Commission ironed out differences that had beleaguered them for the past couple of years and paved the way for a stalled telecoms reform package to get a final rubber stamp by the EU authorities. Both the parliament and the European telecoms ministers will now have to vote on the compromise solution, before the telecoms package in its final form can come into force.
[15] Late last night (at 0:45), the European Parliament and the Council of Ministers reached an agreement on the EU Telecoms Reform, after intense negotiations brokered by the European Commission.
[4] MEPs from the European Parliament and European Council representatives reached agreement last night (Nov. 4) on the outstanding issue in the telecoms package, which will revamp telecoms regulations in the EU. The dispute has delayed the overall telecoms package.
[6] For the telecoms package to enter into force, the Council of the European Union and the European Parliament must now formally adopt the agreement, which is expected to take place at the end of November.
[34] In order for the Telecoms package to come into force, the European parliament and the Council have to confirm the agreement. This is expected to happen before the end of November 2009.
[23] A plan by the European Parliament to restrict the power of national governments to disconnect illegal filesharers has been dumped to win agreement on new telecoms competition laws.
[27] The announcement followed a late-night agreement clinched by national governments and the European Parliament which will prevent officials from cutting off internet users caught downloading illegal content without the prior consent of a magistrate.
[7] The European Parliament and Council of Telecoms Ministers have reached a compromise over the rights of internet users continent-wide, setting Europe on course for a major overhaul of telecoms regulations.
[40] The European Parliament is currently considering a Telecoms Reform Package that could result in more protection for those accused of filesharing by their internet service providers.
[10] A report by Outlaw.com claimed that the European Parliament and Commission have already approved the amendments, which will become law after it has been published in the EU's official journal and signed by the president of the council and president of the European parliament. However the amendments do not extend data breach notification duties to non-telecommunications firms, despite the parliament's earlier demands that it include providers of 'information society services' such as online banks or health services providers. Steve Moyle,''co-founder and CTO at Secerno, claimed that some would argue that this measure should extend to all businesses and the EU measure is a critical first step. Moyle said: '''Since the telecommunications companies and service providers have online components as well as the means to store vast amounts of customer data, starting measures with these groups makes sense. '''We fully expect data protection measures to extend to different business types and industries, but these extensions should be done in a measured, controlled manner.
[41] On 6 October, telecoms ministers formally rejected the parliament's key amendment - the now infamous Amendment 138 - requiring a 'conciliation' process between the two sides. This process concluded with the parliament backing away from the barricades. Pressure from member states is understood to have worn down resistance from the elected chamber, not merely due to the desire on the part of a number of countries to introduce tough anti-piracy bills, but also because EU capitals felt that the European Parliament was getting too big for its britches and encroaching in a judicial area responsibility for which is jealously guarded by European national governments. MEPs in the end capitulated before this argument, conceding that they had no competence to legislate in this field.
[13] The so-called 'three strikes and you're out rules' have been introduced in some EU member states and proposed by Peter Mandelson in the UK. Despite reinstating this amendment twice, the European Parliament finally backed down and reworded it.
[36] The parliament's stance set up a clash with the member states that make up the EU Council, who objected to national law being dictated by the European Parliament.
[27] The conciliation phase is when the disagreeing bodies - the European Council, formed from ministers from each of the EU member states, and the European Parliament, which holds the EU's elected members - try to reach a compromise.
[32] The creation of the new laws has been one of the most closely watched developments in the sector, with movie studios, record labels and other content owners lobbying the Commission and the EU member states for stronger protections against piracy. The new laws mean, amongst a raft of other consumer protections, that the consumers are protected against having their internet connections arbitrarily cut-off as part of a government response to illegal downloading.
[8] Pursuant to heavy lobbying from music and film industry groups urging the 27-nation bloc to take action against Internet pirates, the controversial telecoms reform package introduced by several EU states would have granted state authorities arbitrary power to crack down on illegal downloaders but it met with stiff resistance from consumer protection groups, which felt that the proposal, if passed, would create a draconic law.
[2] The so-called EU Telecom Reform package has been the subject of negotiation since late 2007 and paves the way for stronger consumer rights, an open internet, a single telecommunications market for Europe and improved bandwidth for consumers in future.
[8] The reform package also included the right for user to change mobile or fixed operators in one working day whilst keeping the same number, consumer protection against personal data breaches and the introduction of a new European Telecoms Authority to ensure fair competition.
[29] The reforms were originally proposed by the competition regulator - the European Commission - and aims to strengthen competition and consumer rights within Europe's telecoms sector, and to establish a pan-"European Body of Telecoms Regulators" to complete the single market for telecoms networks and services.
[8] The new rules also enable the Commission to adopt further harmonisation measures in the form of recommendations or (binding) decisions, if divergences in the implementation of remedies persist across the EU in the longer term. Functional separation as a means to overcome competition problems: National telecoms regulators will gain the additional tool of being able to oblige telecoms operators to separate communication networks from their service branches, as a last-resort remedy. This new remedy has been advocated since 2007 by the European Commission and by the 27 national regulators.
[4] A new Commission say on the competition remedies for the telecoms markets: The new EU telecoms rules will give the Commission the power to oversee regulatory remedies proposed by national regulators (e.g. on the conditions of access to the network of a dominant operator; or on fixed or mobile termination rates).
[4] A new European Telecoms Authority will bring national regulators together, thus ensuring fair competition and harmonized EU rules.
[7] Along with providing abusive users with a fair trial, the EU would also like to create a 'unified' set of telecom regulations throughout Europe and give national regulators and the EU expanded oversight to penalize anti-competitive practices made by any service provider. As reported in the Wall Street Journal via Dow Jones, industry associations said the removal of this last obstacle will give large service providers such as Deutsche Telekom and Telefonica the confidence to make new network investments. "This marks the end of a long period of uncertainty for the telecoms sector," said ETNO, the Brussels-based industry association that represents large European telcos.
[12] Names, email addresses and bank account information of the customers of telecoms and internet service providers, and especially the data about every phone call and internet session, need to be kept safe from accidentally or deliberately ending up in the wrong hands ( IP/09/571 ). Operators must respond to the responsibility that comes with processing and storing this information. Therefore, the new rules introduce mandatory notifications for personal data breaches ''' the first law of its kind in Europe. Communications providers will be obliged to inform the authorities and their customers about security breaches affecting their personal data. This will increase the incentives for better protection of personal data by providers of communications networks and services.
[4] New guarantees for an open and more "neutral" net: The new telecoms rules will ensure that European consumers have an ever greater choice of competing broadband service providers. Internet service providers have powerful tools at their disposal that allow them to differentiate between the various data transmissions on the internet, such as voice or 'peer-to-peer' communication.
[4] The rules concerning privacy and data protection are strengthened, e.g. on the use of '''cookies''' and similar devices. Internet users will be better informed about cookies and about what happens to their personal data, and they will find it easier to exercise control over their personal information in practice. Internet service providers will also gain the right to protect their business and their customers through legal action against spammers.
[4] MEPs and ministers finally reached agreement on the sticking point of the law; amendment 138/46 of the
Telecoms package. This had effectively outlawed proposals that would force internet service providers to disconnect the services of people accused of
illegal file sharing.
[36] "I am very happy that we have reached an agreement on the telecoms package," said Asa Torstensson, Communication Minister of Sweden, which holds the collective EU's Presidency. "This agreement strengthens the competitiveness among enterprises and enhances the consumer protection in Europe, which will lead to. better and less expensive broadband services and substantially stronger protection for all Internet users."
[31] The Telecoms package leads to better consumer prices, more and better services, protection against spam, increased access to Internet for disabled people and gives better premises for investments in new networks.
[23] European regulators have agreed a new telecoms package that they claim will protect Internet users who face having their internet connection cut off for alleged copyright theft.
[14] After much debate in the European Union, member states have agreed to bring in a three strike rule to cut off internet access, as long as a fair review has happened first.
[29] European national governments - including the UK - are in favour of a system that allows the police or a regulator to sever Internet access. There have also been calls from campaigners to make Internet access a legal right, as already approved in some
member states such as Finland.
[14] Accelerating broadband access for all Europeans: Currently, in rural areas of the EU only an average of 70% of the population can have access to a broadband network connection ( IP/09/343 ). The reform will help in overcoming this "digital divide" by better managing radio spectrum and by making it effectively available for wireless broadband services in regions where building a new fibre infrastructure is too costly; and by allowing Member States to expand universal service provisions beyond narrow-band internet access.
[4] Twice in the past year, MEPs with strong majorities inserted an amendment to the telecoms package that would have forbidden member states from restricting internet access without judicial authorisation and only in exceptional circumstances.
[13] The Parliament's now infamous Amendment 138 would "arguably have required a harmonization of Member States' judicial systems," it said, adding that if it was adopted as part of the telecoms package, it faced being annulled by the European Court of Justice at a later date.
[18] "The European Telecommunications Network Operators''' Association recognises the efforts of all parties to find a compromise on amendment 46/138 on Internet users''' rights to allow the adoption of the entire telecoms package. This marks the end of a long".
[42] Viviane Reding, the telecoms commissioner, said: "The new internet freedom provision represents a great victory for the rights and freedoms of European citizens.
[27] A new Internet freedom provision means that European countries can still adopt "three-strikes" rules targeting P2P users, but they must presume innocence, guard privacy, and allow for judicial appeal.
[28] With the disagreement over Internet access finally resolved, European countries will be allowed to adopt "three-strikes" rules targeting P2P users, on the supposition of innocence, guard privacy, and permission for judicial appeal.
[39] Under pressure from the music and film industries, especially France had pushed hard for tough measures against illegal downloaders. French President Nicolas Sarkozy had advocated a "three strikes and youre out" rule, under which Internet use would be tracked and users caught downloading would be warned twice before their Internet access would be cut off for a year.
[15] With increased pressure from the music and film industries, France was strongly urged to take a hard stance against illegal downloading. French President Nicolas Sarkozy pushed for a "three strikes and you're out" rule, which lawmakers say Britain is also thinking of adopting, that would involve Internet tracking and users caught downloading illegally would be warned twice before having their Internet access being cut off for a year.
[3] Services will only be terminated if providers have proof that a user was downloading illegal copies of movies or music files. That is a major change from a compromise reached earlier this year that would have permitted national authorities to cut off Internet access without providing evidence of illegal activity.
[43] Investment in faster fibre optic broadband services is also likely to get a boost. Under the new rules, those suspected of using the internet for illegal activity, such as downloading copyrighted material, cannot have their Internet access cut off without a prior hearing.
[44] Encouraging competition and investment in next generation access networks: The new rules bring legal certainty for investment in next generation access (NGA) networks. These networks, based on new optical fibre and wireless network technologies, are replacing less efficient traditional copper-wire networks and will allow high-speed internet connections. The reform of the telecoms rules reaffirms the importance of competition in this new sector while at the same time preserving incentives to invest by taking into account the risks involved in allowing access to NGA networks and allowing for various cooperative arrangements between investors and access-seeking operators. In this way, the new rules will also ensure telecoms operators receive a fair return on their investments.
[4] On the basis of the new rules, the Commission plans to issue a recommendation for the regulation of access to NGA networks in the first half of 2010, taking into account the results of public consultations in 2008 and 2009 ( IP/08/1370 and IP/09/909 ). The rules governing the sharing of network elements, such as ducts or in-building wiring, between operators are also updated by the reform. Besides improving competition and services for businesses and consumers, this will also help lower the overall financial costs for operators of deploying NGA networks.
[4] A further important reform proposed by the Commission in parallel to the negotiations on the telecoms reform package was already adopted by Parliament and Council on 16 October 2009 ( IP/09/1545 ): the modernisation of the GSM Directive, which will allow operators to introduce new services, starting with 3G and extending later to other new technologies, to operate in the GSM band which was previously reserved exclusively for GSM services. This should lead to industry savings estimated at ''' 1.6 billion in capital costs for a single Europe-wide network, and enable faster roll-out of full 3G coverage. The reformed GSM Directive will boost the take up of 3G in the EU, from the existing 3G customer base which was estimated at over 90 million in December 2008. 3G penetration rates are currently the highest in Italy, Austria, Sweden and the UK where they exceed 20% of the total subscribers.
[4] The agreement on the Telecom Reform Package follows two years of debate on how the EU Telecoms Rules of 2002 should be reworked to make the European telecoms market more unified.
[32] The agreement by the
European Union on the wording of reforms governing the telecoms industry opens the door for the introduction of 'three strikes' internet disconnection rules for illegal file sharers.
[36] London - Internet users living in Europe rejoice! The European Union (EU) made a breakthrough on Thursday, agreeing on a law that would better protect European mobile phone and Internet users from arbitrary service cutoffs.
[2] The European Union moved closer to gaining more powers to open the networks of companies such as Deutsche Telekom when EU lawmakers settled a dispute over the unrelated issue of Internet access for consumers.
[25] The deadlock between the governments and the consumer organizations - respectively seeking imposition of tough anti-piracy laws and Internet access as an indisputable right - was the key obstacle in the way of the passage of all-encompassing changes to European telecommunications law.
[39] '''Three-strikes -laws, which could cut off Internet access without a prior fair and impartial procedure or without effective and timely judicial review, will certainly not become part of European law." The debate over penalizing those who pirate copyrighted material came to the forefront in France this year, where the three-strikes law was instituted.
[19] French President Nicolas Sarkozy's "three strikes and you're out" rule would have meant tracking Internet use. Those found downloading illegally would receive two warnings before being cut off from the Internet for a year. That plan has been aborted and decisions to terminate Internet access will be left to the judicial system.
[43] '''The debate between Parliament and Council has also clearly shown that we need find new, more modern and more effective ways in Europe to protect intellectual property and artistic creation.''' Business secretary Peter Mandelson brought forward the controversial plans to
cut people???s internet access in August this year in a bid to combat internet piracy.
[29] Despite Sarkozy'''s efforts, a law was passed in September by the French parliament to take the edge off of the plan, saying that a judge would make the decision of whether or not a user'''s Internet access should be cut off.
[3] Since May, the illegal Internet usage issue held up the passing of the new laws because Parliament believed the earlier proposal did not protect Internet users' rights.
[12] A Thursday night compromise between the governments of the European countries and consumer organizations resulted in the agreement of the European lawmakers on new protections for Internet users.
[39] The agreement strenghtens the competitiveness and enhances the consumer protection in Europe which will lead to more, better and less expensive broadband services and a substantially stronger protection for all internet users in Europe", says Sweden's Minister for Communications'sa Torstensson, Chair of the Council.
[23] Officials in Brussels stressed that Wednesday night's agreement was backed by European members of Sweden's Pirate Party, which seeks to uphold the rights of internet users to freely download copyright-protected content.
[7] European users have a '''right to an effective and timely judicial review''' before their internet connection is restricted, the
EU has decided.
[29] EU lawmakers sent the reform package back in May due to concerns the proposed bill would not adequately protect the rights of Internet users.
[31] The Telecoms Reform Package had dragged on for six months because of the debate over a provision relative to the "three strikes" laws targeting Internet users suspected of unlawful file-sharing of copyrighted material.
[19] The Telecoms Reform package, which consists of a set of new laws tackling subjects ranging from data breach notifications to faster number porting, will become law in every EU country by May 2011, it was agreed on Wednesday night.
[40] For the first time, the EU's telecoms rules will include a provision on the availability of terminal equipment offering the requisite services and functions for users with disabilities. National telecoms regulators will gain greater independence: The new telecoms rules reinforce national telecoms regulators' independence by eliminating political interference in their day-to-day duties and by adding protection against arbitrary dismissal for the heads of national regulators.
[4] The new legislation gives national regulators across the EU the power to split the telecom networks and services of dominant companies into separate units, a measure known as "functional separation."
[25] European Union (EU) lawmakers reached a landmark deal on Thursday, agreeing a new telecoms regulation that strikes a compromise between national governme.
[9] The European Union (EU) came one step closer to getting its proposed new telecom laws on the books.
[12] Just as movie downloads hit the headlines in Australia through the AFACT/iiNet case in Sydney, the European Union has passed into law a set of internet rights to protect users from arbitrary crackdowns on people who illegally download music and movies.
[8] Thursdays agreement, the official said, ensures that a "three strikes" law "will certainly not become part of European law," Reding said. Under the guarantee, Reding said, national authorities will only be able to cut off such services if they have proof that a user was downloading illegal copies of movies or music files, ensuring users are presumed innocent.
[15] The guarantee makes certain that national authorities can only cut off Internet services if there is substantial proof that a user is illegally downloading copies of movies or music files, in order to make sure that all users are presumed innocent until proven otherwise.
[3] Under the draft bill, authorities would no longer be able to cut off Internet services to users without providing evidence of illegal downloading or other activity.
[20] A lawmaker from Sweden's Pirate Party, Christian Engstrom, said the draft bill is somewhat of a victory for file-sharers, while warning that the EU assembly needs to watch closely for member states that want to cut off Internet users for online pirating.
[3] Law enforcement agencies will be able to cut off the'connections of Internet users suspected of illegally'downloading'films and music, lawmakers and EU ministers agreed in the small hours of this morning (5 November).
[45] Europe's MEPs and Council representatives on Wednesday night agreed that restrictions on access to the internet within the EU may "only be imposed if they are appropriate, proportionate and necessary within a democratic society". The two sides agreed in May that the internet is essential for the exercise of fundamental rights such as the right to education, freedom of expression and access to information.
[46] Member states were under no obligation to accept the proposal on fundamental rights - it had been rejected by the Council - although it did encourage activists for Internet freedom who oppose three-strikes laws.
[6] Any of these measures regarding end-users' access to or use of service and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are appropriate, proportionate and necessary within a democratic society, and their implementation shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with general principles of Community law, including effective judicial protection and due process. Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy.
[27] MEPs remained determined to guarantee procedural safeguards for internet access, in line with the European Convention for the Protection of Human Rights and Fundamental Freedoms.
[46] A prior fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with European Convention for the Protection of Human Rights and Fundamental Freedoms.
[27] Significantly, the agreement means it will be down to rights-holders to prove that someone has engaged in illegal file-sharing. '''Such measures may be taken only "with due respect for the principle of presumption of innocence and the right to privacy" and as a result of "a prior, fair and impartial procedure",''' said a statement by the European Parliament. This appears to be at odds with the approach of law firms, such as ACS Law, who have written to thousands of people accusing them of file-sharing. These letters demand ''665 compensation and threaten legal action.
[11] The new agreement has been signed off on by the Council of Ministers, the negotiators from the European Parliament, and the European Commission, and looks to go into effect next year.
[28] The European Commission, which originally proposed the Telecoms Package and will get new regulatory powers as a result, hailed last night's agreement as a victory for consumers.
[27] The new rules also allow the European Commission, the EU's regulatory arm, to ensure that national market-opening steps in the bloc are consistent. The commission will work with the new body in this area.
[25] A committee made of EU government representatives, members of the European Parliament and the European Commission, ironed out differences over the bill between the three EU bodies, paving the way for a final rubber stamp by the EU authorities.
[31] The bill requires the final approval of the European Parliament and EU governments, which is expected later in November.
[43] The deal was reached between the Council of EU telecoms ministers and the European Parliament.
[35] "ALDE have announced that yesterday night the European Parliament and Council reached a deal on the Telecoms package.
[47] The compromise deal clears the last stumbling block for a telecoms package that will now go before the European Parliament for a third and final reading on November 23-26.
[46] A press conference on the Telecoms package will be held at 9 o'clock CET at the European Parliament in Brussels (Parliament's Briefing room Anna Polit Room PHS 0A50).
[23] The European Parliament has been criticized for caving in on the issue of prior judicial review. It was forced to back down because its call for a court order to be issued before someone is cut off from the Internet was legally uncertain, it said in a statement Thursday. "There were serious doubts as to the legal validity of the amendment, as it would seem to go beyond the European Community's competences in this field," the Parliament said.
[18] '''While I welcome that the European Parliament stood firm on cutting an internet connection only under strict rules, I must stress that it is wrong for governments to cut people off from the internet at all."
[38] Although the internet freedom provision has been agreed in principle, there will be a further vote between Parliament and Council in a plenary session of the European Parliament and in the Council of Ministers by the end of November, according to the EC statement.
[14] The new Internet freedom provision still allows "graduated response" laws and even Internet disconnections, but it does set down a baseline that all countries must follow. According to the new provision, Internet sanctions may "only by imposed if they are appropriate, proportionate, and necessary within a democratic society." They can only "be taken with due respect for the principle of presumption of innocence and the right to privacy.
[28] The draft law will also boost privacy and consumer rights, make it easier for customers to switch telecoms providers and increase competition for Internet and phone services.
[20] The draft bill also includes efforts to bolster privacy and consumer rights and to increase competition for internet and phone services.
[16] The consumer rights group La Quadrature du Net (La Quad) pointed out on Thursday that the agreed text speaks of "a prior fair and impartial procedure". That contrasts with the original Amendment 138's guarantee that a court would need to issue an order before an individual could have their internet connection cut.
[5] For info, from what I have understood of the new French law: 1-Media companies will pay other companies to track IPs of people using P2P network to share pirated content. 2-The list of Ips will then be sent to an independent regulatory commission(Hadopi, same name as the law). 3-Warning will the be sent to people with the IP on the list. 4-If someone IPs is caught a third time, the person is prosecuted in court of law. 5-If the person is found guilty, the ISP is asked to cut the internet connection of this person. 6-the person could be charged for sharing pirated content(money and may be jail) and still have to pay the remaining of its internet subscription until the end of its contract with the ISP (or 1 one year, I can't remember) and can not take another subscription with an other ISP. Another thing, it seems that to prove that you are not guilty if your IP is on the black list(like someone pirated your wifi), you'll need to have installed(and bought form the commission) a spyware on your computer that analyses what you do with your internet connection. Things may have been changed a bit these last weeks to force the passing of the law but that is what it seemed to be few weeks ago.
[10] "However, these rights will be meaningless if Hadopi-style laws are allowed to be enforced at national level." The Hadopi law was a controversial bill passed in France earlier this year. It stated that illegal file-sharers would receive a warning by e-mail, then a letter, and finally cut off their connection for a year if they were caught a third time. It is named after the organization - Higher Authority for the Distribution of Works and the Protection of Copyright on the Internet - that will police it.
[24] The laws, unveiled by EU media and telecoms commissioner Viviane Reding are likely to be implemented by early 2010. They will give more power to punish anti-competitive behaviour at telecom companies across the 27 member nations of the EU and will also help increase consumer rights and privacy protections.
[44] Greater competition and better consumer protection will strengthen the single E.U. -wide market for telecoms, thus bringing down prices, boosting innovation and helping to give all citizens access to high speed Internet, the Commission said.
[18] A top EU official says the member governments agreed to the changes to soften actions taken against illegal downloaders -- in exchange for a broader set of rights for telecom users.
[48] The new rules -- two years on the drawing board -- reportedly aim to strike a balance between a crackdown on illegal downloaders and a broader set of rights for telecom users.
[43] Better access to emergency servi c es, 112: The new telecoms rules will ensure that European citizens gain better access to emergency services by extending the access requirements from traditional telephony to new technologies, strengthening operators' obligation to pass information about caller location to emergency authorities, and by improving general awareness of the European emergency number '112'. Provisions on access to telecoms services for Europeans with disabilities have been strengthened so that they can benefit from the same usability of services as other citizens, but by different means.
[4] The new rules will ensure that European consumers have an ever-greater choice of competing broadband service providers by spelling out minimum quality levels for network transmission services so as to promote "net neutrality" and "net freedoms" for European citizens.
[19] New rules on switching mobile or fixed phone providers are also likely to be broadly welcomed, at least by consumers, who will have the right to change companies in one working day. It currently takes over a week on average. When changing providers customers will also have the right to keep their old phone number.
[20] This is good news - for the consumers, not for the ISPs. Now if only we could get the 2 governments in North American to protect the rights of consumers instead of time and time again disregarding our rights, that would just be great! In exactly 36 days, the Canadian federal government will rule on a HUGE issue to allow the monopolization of broadband service in this country or allow open, free competition.
[10] The proposed reform would beef up consumers' contractual rights and also create a pan-EU supervisory body to improve how the 27-nation bloc's telecoms rules are applied so no operator can be shielded from competition.
[31] The new EU rules on functional separation will add legal certainty for countries currently moving towards different forms of separation (Poland, Italy), while ensuring overall consistency for the benefit of the single market, effective competition and consumer choice.
[4] The rule was lauded by several EU member states, including the UK (where it found a supporter in Lord Mandelson), which is waging a big battle against Internet pirates at the behest of the entertainment industry which is losing millions of pounds every year on account of copyright piracy.
[9] The FT had seen drafts of a text, which it said "point to much weaker language on internet users' rights". It could be weeks before a final text is adopted. The legal value of the parliament's stance against "three strikes" laws had been in question from the start, and few observers had expected its proposed law to be adopted by member states. The parliament's involvement gave succour to activists who are looking to prevent such laws from spreading across Europe.
[30] Music industry bodies have already welcomed the redrafted legislation. "Upholding the rights of artists to be rewarded for their work is crucial if Europe is to continue to foster innovation and creativity," says a statement from the International Confederation of Music Publishers (ICMP). "The new agreement, which places competence for dealing with file-sharers with the Member States while continuing to uphold the fundamental rights of citizens, is an appropriate way to protect copyright online and take action against those who illegally download other people's property."
[26] The decision last night in Brussels by the 27 MEPs and 27 member state representatives means that individuals' internet rights can be restricted without judicial involvement, a process described by human rights organisations as removing safeguards that protect citizen freedoms.
[32] The deputies maintained that so many aspects of a citizen's participation in society - from paying bills to dealing with local government to reading the news - now required access to the internet that cutting off access from the digital world was depriving someone of a host of other rights. The argument kicked off a global debate on whether access to the internet really was now evolving into just such a human right, with some arguing the parliament was quite premature in its advocacy of an internet access entitlement and others cheering the chamber for being at the cutting edge of digital democracy.
[13] La Quad also said arguments against national three-strikes policies would now depend on how the European Court of Justice and national courts interpreted the new article. "Despite its lack of clarity and ambition, this text does provide legal ammunition to continue the fight against restrictions of internet access, La Quad co-founder J'r'mie Zimmermann said in a statement.
[5] Cases where it may be considered necessary to restrict internet access include suspected terrorism, child pornography or copyright violation, according to a spokeswoman for the European Parliament.
[32] Following a "strong request" from the parliament, and after lengthy negotiations, the future rules state that any national measures regarding restrictions to access to Internet services and applications must be "appropriate, proportionate and necessary within a democratic society."
[20] Initially, most EU national governments backed a system that allows the police or a regulatory body to stop internet service right away, with a right of appeal by the individual.
[44] EU lawmakers sent the'legislation back'to the Council'in May'amid concerns that the proposed bill would not adequately protect the rights of Internet users.
[45] EU lawmakers agreed to a provision that will enable users accused of illegally downloading copyrighted material to get a hearing before being banished by Internet providers.
[12] And, if successful, it will be incorporated into EU countries law in 2010. To curb Internet piracy, several states wanted to crack down Internet subscriber suspected of breaches such as illegal downloading of copyright material by cutting off their Internet connections.
[15] Some consumer rights groups feel the EU lawmakers have not done enough as the reform package does not give suspected illegal downloaders the clear right to a judicial hearing.
[2] No action will also be taken against people suspected of illegal downloading "without a prior ruling by the judicial authorities." The telecoms reform package itself doesnt specify any venues for such hearings, leaving that to national governments.
[9] While all members of the conciliation delegation unanimously agreed on the text adopted last night, the Telecoms Reform Package still needs to enter the Parliament's third-reading vote, scheduled for 23 to 26 November. In the third and final reading of the directive both the Parliament and Council may only approve or reject the joint text as a whole without any further amendments.
[32] The Parliament's amendment to the telecoms package was subject to one of the most intensive lobbying campaigns seen at the EU. The record and film industries were allied with the UK government in calling for it to be dumped.
[27] In the UK, the Department for Business, Innovation and Skills has welcomed the news, a spokesperson told BBC News. "The telecoms package as a whole is a good deal for the UK," she said. "The agreed amendment enables the Government to continue with its proposed measures to tackle unlawful peer-to-peer filesharing in the forthcoming Digital Economy Bill."
[24] 
Innocenzo Genna, chairman of the' European Competitive Telecoms Association ( ECTA ), said that "alongside provisions on users' rights, the package contains important proposals that confirm Europe's commitment to open and competitive telecoms markets. [45] European consumers' organization BEUC criticized the proposal, saying that it is not entirely clear about "due process" rights given to users because it does not specifically give suspected illegal downloaders the right to a judicial hearing.
[3] "Full due process rights will have to apply in any administrative case, except in cases of duly justified urgency, like serious crime, terrorism, child pornography." "It has been long hard battle but at least all sides have acknowledged that fundamental rights of users need to be guaranteed in the digital world," said Monique Goyens, the director general of BEUC, the European Consumers Organisation.
[2] The two sides had already agreed in May that internet is essential for the exercise of fundamental rights such as the right to education, freedom of expression and access to information.
[22] Digital rights advocates remained underwhelmed. "This text does provide legal ammunition to continue the fight against restrictions of internet access," said Jérémie Zimmerman, of France-based La Quadrature du Net, who added however: "The agreed text does not meet the challenge of clearly preserving a fundamental right of access to the net."
[13] Basically it preserves what we consider as a fundamental right: access to the Internet.
[35] "The agreed text does not meet the challenge of clearly preserving a fundamental right of access to the net.
[5] The European Parliament must continue to stand up to the Council's blatant attempts to erode citizens' rights and deprive people of an essential service. '''I am satisfied that we achieved the best possible legal protection we could achieve at this stage.
[38] The European Parliament issued a statement on Thursday in which it said there had been "serious doubts" about the legal validity of the original Amendment 138, as it would have required all the national judicial systems across Europe to be harmonised ' a situation that stretches beyond the European Community's legal powers.
[5] The provision did not include "Amendment 138", backed by the European Parliament, which would have required European ISPs to get judicial approval before cutting off any file-sharers.
[14] Representatives of the Parliament, the Council and the European Commission met with the ambition of reaching agreement on a revised version of Parliament amendment 138.
[34] The final details are expected to be resolved in negotiations between parliament, the European Commission and member states.
[30] The outcome is a compromise agreed during all night negotiations. Some members of the European Parliament felt nobody should lose their connection until after they had been prosecuted in a court for illegally downloading content.
[24] Green MEPs have been working closely with a member of the Pirate Party, who also sits with the Greens/EFA Group in Parliament, to fight attempts to introduce a '''three strike''' rule for people who illegally download material. The proposals, which Greens believe are '''excessive''', could see users''' internet connections being permanently disabled if they are found to be downloading content illegally up to three times.
[38] Brussels - A major overhaul of the European Union's telecoms market aimed at boosting consumer choice and the spread of high-speed internet connections has overcome a final hurdle and should now come into force early next year, officials in Brussels said Thursday.
[7] For weeks, the major governing institutions of the European Union have been locked in a battle over three-strikes laws, Internet disconnections, and the appropriate role of judges in the process.
[28] The lawmakers of the European Union (EU) agreed on a deal, Thursday, which virtually kills the controversial "Three Strikes" rule proposed by t.
[9] A new ruling from the European Union (EU) will require telecommunications companies to inform affected parties on data breaches.
[41] Consumer protection against personal data breaches and s p am: European citizens' privacy is a priority of the new telecoms rules. [4] The new rules were approved by the European Parliament at first reading in September 2008.
[45] The matter was turned over to delegates from the European Parliament and the Council of Telecoms Ministers, who negotiated a compromise text for the clause.
[5] The press conference will be webcast on the European Parliament's website via the link on the right.
[23] First time offenders are sent a warning via email. They are then sent a letter in the post if they continue to download illegally. If they are caught a third time, their ISP will disconnect them. The European Parliament is expected to vote on the package at the end of this month.
[10] The conciliation procedure began at 21.00 on Wednesday evening at the European Parliament's premises in Brussels.
[34] The compromise guarantees that European mobile phone and Internet users will be protected from arbitrary service cutoffs. [43] The news follows the passing of a "three strikes" law in France earlier this year. The law gives internet users three chances before disconnecting them.
[10] After long negotiations the Council gave in to Parliament's demands to guarantee Internet users - who are suspected of uploading or d".
[47] The most controversial issue'concerns the protection of Internet users, enshrined in the notorious Amendment 138.
[45] Alejo Vidal Quadras, Vice-President of the Parliament, was also pleased that an agreement was reached. He pointed out that the intention of the original wording on protection of users' rights was well integrated in the final proposal. 'This entails a much needed liberalisation of an industry that is characterised by rapid technological advances,' says Mr Vidal Quadras.
[34] "I am very happy that we have reached an agreement on the telecoms package," said Asa Torstensson, communications minister for Sweden, which currently holds the EU's rotating presidency.
[20] " Under the reformed rules, the Commission will be Europe's first line of defence when it comes to net neutrality ", said EU Telecoms Commissioner Viviane Reding.
[4] Disagreement at EU level on how to reform one of the five EU directives, which together make up the Telecoms Rules, caused the proposals to enter the EU's conciliation procedure in September.
[32] The package will entitle users in all 27 EU states to be put through a "fair and impartial procedure" before being disconnected.
[24] A prior fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned The right to an effective and timely judicial review shall be guaranteed."
[28] Reding welcomed the deal as "good news for Europe's citizens." The reforms will "substantially enhance consumer rights and consumer choice," she stressed.
[20] The reform legislation is aimed at creating more unified telecoms regulation across Europe, giving national regulators and the European Commission more power to punish anti-competitive behavior at telecommunications firms.
[49] The reform creates a very important tool for making a single European telecoms market a reality: the new European Telecoms Authority "BEREC " (Body of European Regulators for Electronic Communications) that will replace the loose cooperation behind closed doors that exists today in the "European Regulators Group" with a more transparent and more efficient approach.
[4] A new European Telecoms Authority (Berec) will also be established, and national telecoms regulators will gain greater independence.
[5] BRUSSELS (Dow Jones)--European Union lawmakers have agreed on a compromise solution for new telecoms regulation, according to a european.
[50] European Union politicians have reached an agreement to restructure telecom regulations.
[44] BRUSSELS (Dow Jones)--European Union lawmakers early Thursday reached agreement on a major overhaul of European telecommunications rules after months of delay.
[49] Glad to see some elected officials can't be bought (EU representatives are elected right? I'm unfamiliar with how a Union of countries rule over sovereign states.)
[10] The rule was vehemently opposed by several consumer rights groups, which felt it was draconic in nature and breached the "fundamental rights" of an individual.
[9] The whole telecoms package is meant to beef up consumers' contractual rights.
[35] As a whole, the Telecoms package means a strengthened consumer protection and increased competitiveness among enterprises on the broadband market.
[23] The telecoms package has been the subject of vehement debate between the Parliament and the Council.
[45] The Telecoms Reform Package is a raft of new laws that tackle issues ranging from data-breach notification to faster number porting.
[5] Once the reform comes into force, member states will have 18 months to transpose the new provisions into national law.
[7] After that, the package will have to become national law in each member state by May 2011.
[5] Member states always questioned the parliament's authority to dictate national judicial arrangements.
[6] There were doubts about the legal validity of the original parliamentary amendment, as it appeared to go beyond the European Community's jurisdiction because it would arguably have required a harmonisation of member states' judicial systems.
[6] 'The original wording of the amendment would have led to an indirect harmonisation of the legal systems, and we have reached agreement with the Parliament that that would not be compatible with the Treaty,' states Ms Torstensson.
[34] "The protection granted by the amendment only relates to measures taken by States, not private parties," it says. "Hence, restrictions imposed by operators at the request of right-holders do not fall under the scope of this provision." That's true, but it's also the way things work now.
[28] Monique Goyens, ' director-general of European consumer group' BEUC, argues that'"citizens should not be cut-off from the Internet without a fair trial nor must consumers be treated as pirates or criminals. We are in the 21st century and such draconian measures have no place in an open society.
[45] For more see
European 'internet freedom' law agreed on
ZDNet UK.
[40] Lord Mandelson has been at the forefront of pushing this agenda in the UK and is one of those challenging due process and freedom of expression rights on the internet.
[38] Once the Lisbon Treaty is ratified, the Parliament will have co-legislative powers to defend net neutrality. Sadly, this is not the end of the line when it comes to defending the rights of internet users.'''
[38] Among the rights that have been laid out in the list of reforms include the right to be protected from arbitrary crackdowns on those who illegally download music and movies on the Internet.
[48] As per the compromise, the governments'-suggested disconnection of Internet access, to crack down on digital copying of music and movies, has been approved on the condition that the disconnection decision will be put through a legal review.
[39] Under the newly minted compromise, any decision to sever Internet access to clamp down on digital copying of music and movies must be subject to a legal review.
[19] Blog Archive '' EU backs internet access restrictions for pirates -- Topsy.com: [[ This post was mentioned on Twitter by Tagger.fm and Ismael Valladolid, Somali Pirates. Blog Archive '' BlueBeat Beatles story turns farcical with psycho-acoustic defence -- Topsy.com: [[ This post was mentioned on Twitter by tismey, Beatles.
[26] Within the next six weeks, the EU Parliament and Council will need to formally vote through the agreed text of the internet-freedom provision.
[5] One reason the reforms took so long was because of disagreements between EU lawmakers and some governments, particularly France, about how to take on the mounting issue of illegal downloading.
[3] Following an agreement reached on Wednesday night, the package will now become part of national legislation in every EU country, with a deadline of May 2011.
[5] "I am very happy that we now have made an agreement on the Telecoms package.
[23] If we had pressed too hard on the proposed amendment, we would have put the entire telecoms package at risk, which we were not willing to do,' said Ms Trautmann.
[34] An amendment had been voted through in May, which insisted that internet disconnection could only go ahead with the approval of a judicial authority rather than an administrative body.
[30] Note what's different here from the original amendment 138; the right to judicial review is guaranteed on appeal, but the original sanction can be issued by a non-judicial authority like HADOPI.
[28] After months of negotiations, the agreed package now demands only "appropriate, proportionate and necessary" measures can be taken to enforce copyright. There must be a possibility of judicial review for those disconnected, but not automatic court oversight.
[27] The package also lays out rules for the
deployment of national fibre-access networks, and allows the 'digital dividend' spectrum ' freed up by the switch from analogue to digital TV '
to be used for mobile broadband services.
[5] BEREC decisions will be taken, as a rule, by majority of the heads of the 27 national telecoms regulators: by a simple majority when BEREC gives opinions in the context of the Commission's analysis of remedies notified by national regulators, and by a two thirds majority in other cases. Such BEREC decisions will be prepared by an independent supranational Office with expert staff.
[4] The objective is to avoid inconsistent regulation that could distort competition in the single telecoms market. When the Commission, in close cooperation with BEREC, considers that a draft remedy notified by a national regulator would create a barrier to the single market, the Commission may issue a recommendation that requires the national regulator to amend or withdraw its planned remedy.
[4] A n ew European Telecoms Authority that will help ensure fair competition and more consistency of regulation on the telecoms markets.
[4] The overall package originally had little to do with internet piracy originally, focussing on improving competition in the sector.
[13] The announcement has received a cautious welcome from consumer organisations and internet service providers.
[11] In other news the U.S. Gov has voted a law that allows any police or law enforcement agent to shoot someone who is supposedly uploading files on the internet at sight.
[10] The so-called Anti-Counterfeiting Trade Agreement (ACTA) has attracted condemnation from many law experts and civil liberties activists because of the secretive way it is being drafted, and for the dramatic changes it would impose on the way people engage with the Internet.
[18] The last minute compromise agreement paves the way for wide reaching telecoms reform laws to step into force early 2010.
[49] BRUSSELS ''' Europe is set to get a major facelift of its telecommunications regulation after negotiators reached an agreement to pass a raft of new laws, addressing an array of topics from net neutrality to online piracy.
[19] The debate between Parliament and Council has also clearly shown that we need find new, more modern and more effective ways in Europe to protect intellectual property and artistic creation.
[4] The bill goes to final approval in the European Parliament at the end of the month.
[17] On 13 November 2007, the European Commission proposed a general review of rules governing electronic communications.
[45] Under the new rules, the maximum initial duration of a contract signed by a consumer with an operator will be no longer than 24 months.
[4] Among other things, the new package will oblige mobile phone companies to help users switch contracts or suppliers within 24 hours.
[46] Why would you say that this is good news for users, and bad news for ISPs. If you are a thief and have no moral beliefs, than this is good news. If you are a law abiding citizen, than this has no consequences.
[10] Now, with the new guarantee, authorities must be able to prove that users were in fact downloading unauthorized copies of music or movies, and all alleged users are presumed innocent.
[17] The StreamEngine appears in a handful of home and small-office network devices, including D-Link's line of GamerLounge wireless routers. It's also a key component in Hawking Technology's Broadband Booster, better known as the Hawking HBB1. This kind of technology is best suited for network environments where multiple users or communication sessions are active at any given moment. A single user environment will accrue little benefit from using an HBB1, unless it's showing problems with voice quality on VoIP or image quality on streaming video (and the cause can't be tied to a slow Internet link).
[10] It has been long hard battle but at least all sides have acknowledged that fundamental rights of users need to be guaranteed in the digital world.
[24] '''The promotion of legal offers, including across borders, should become a priority for policy-makers,''' said Viviane Reding, the E.U. Telecoms Commissioner. [19] The very worst thing that the EU could do is impose broad, blanket data protection measures that would affect all industries immediately. Historically, these measures (for example Sarbanes-Oxley in the United States) have created compliance costs and headaches that can be as difficult to manoeuvre as the problems they were intended to solve.''' He claimed that it was better to look to this an important first move that is being done correctly and gives all businesses time to prepare for the inevitable cross-industry data protection measures that will emerge in the coming years, than bemoan the fact that the measures are starting with the telecos.
[41] The reformed legislation will help create more unified telecoms rules across Europe. [44] SOURCES1.
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