EDRI-gram - Number 7, 23 April 2003

EDRI-gram newsletter edrigram at edri.org
Wed Apr 23 16:35:39 CEST 2003


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                           EDRI-gram

    bi-weekly newsletter about digital civil rights in Europe

                     Number 7, 23 April 2003

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Contents
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1.  Scientists against new EU Patent Law
2.  Many EU-websites violate privacy-rules
3.  Germany expands academic use of copyrighted material
4.  UK proposal for biometric ID card
5.  Internet censorship in the Ukraine
6.  All cops granted access to telecommunication data in NL
7.  Spanish case law about hyperlinks
8.  Global Privacy Award announced
9.  Recommended reading: OSCE report on freedom of the media
10. Agenda
11. About

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1.SCIENTISTS AGAINST NEW EU PATENT LAW
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Last week, 30 authoritative scientists and software innovators from all 
over Europe signed a petition against the proposed new EU Directive on 
Patent Law. In their letter to members of the European Parliament they 
argue that allowing for patents on computer programs will seriously harm 
innovation in information technology and endanger the future of the 
European Union.

Literally they write: "Acceptance of patentability of algorithms, of 
principles of software, of information processing methods or of data 
structures is scandalous from the view point of ethics, economically 
unjustified and harmful, would impact adversely scientific and technical 
innovation, and puts democracy at danger."

The petition arrives just in time to influence the vote in the 
Parliamentary Committee on Legal Affairs and the Internal Market (JURI), on 
28 April. Previous votes in the parliamentary committee on Industry, 
External Trade, Research and Energy (ITRE) and the committee on Culture, 
Youth, Education, Media and Sport (CULT) showed a majority against the 
proposals from the European Commission. A previous petition for the public 
at large, organised by the Eurolinux Alliance, drew 140.000 signatures 
against patents on computer programs. Public consultation by the European 
Commission itself showed 90 percent of the answers against the proposal.

In spite of all that, a majority in the JURI committee seems to be in 
favour of the proposed new Directive, pushed hard by its rapporteur Arlene 
McCarthy. Members of the European Parliament are organising a hearing for 
owners of small and medium-size companies on 8 May, while Eurolinux and the 
German-based lobby group FFII are organising a very interesting conference, 
starting on 7 May with a keynote by Lawrence Lessig, followed by a dialogue 
with Brian Kahin.

Scientists petition (in Spanish, English and French, scroll to the bottom 
of the page!) Page also contains excellent multi-lingual references to the 
opinions of the different parliamentary committees
http://lists.debian.org/debian-user-catalan/2003/debian-user-catalan-
200304/msg00055.html

Eurolinux petition
http://petition.eurolinux.org/

Text of the proposed new directive (20.02.2003 - in English)
http://www.europa.eu.int/comm/internal_market/en/indprop/com02-92en.pdf

Parliamentary hearing and conference
http://swpat.ffii.org/events/2003/europarl/05/


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2.MANY EU WEBSITES VIOLATE PRIVACY-RULES
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According to research by World IT Lawyers, a majority of European websites 
violates EU directives protecting on-line consumers. More than half of the 
researched websites lacks essential information about the on-line buying 
procedure or the consumer right to cancel an order within 7 days. On top of 
that, almost half of the websites of companies and institutions lack a 
privacy policy. The research compares websites from France, Germany, the 
Netherlands, Portugal, Spain, Switzerland and the United Kingdom.

Websites within the EU should comply with several EU directives, such as 
the Privacy Directives from 1995 and 1997, the E-Commerce Directive and the 
Directive on long-distance selling. 60 percent of the websites don't 
explain the exact buying procedure to consumers. An equal majority doesn't 
explain the right to cancel an order within 7 days, no matter what the 
reason is. Only in Great Britain a majority of companies complies with the 
obligation to explain the procedure. But less than 50 percent of these 
companies point to the right to cancel an order. In Switzerland, Portugal 
and the Netherlands, more than two-thirds of websites omit to tell about 
this crucial consumer right.

The researchers have also looked at the availability of the standard 
business terms (SBT). Almost 70 percent of the websites don't allow users 
to download these terms. And if they do, only in 6% of the cases they offer 
them in the freely available PDF-format. Germany even scores a saddening 0 
percent on the availability in PDF.

A copy of the report is available via <info at degier-stam.nl> (refer to 
Louise de Gier).


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3.GERMANY EXPANDS ACADEMIC USE OF COPYRIGHTED MATERIAL
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On 11 April German parliament agreed on the implementation-proposal of the 
EU Copyright Directive (EUCD). Only the small liberal opposition party 
opposed. Public debate centered around new educational and scientific 
limitations on copyright. The new law allows teachers to make works 
available to a limited group of class members, e.g. in an intranet, for the 
sole purpose of teaching, or to a limited group of persons for their own 
scientific research to the degree necessary by a given purpose and only for 
non-commercial use.

Academic publishing houses feared that they would loose a major source of 
income, suggesting that libraries would purchase one copy of a book and 
make it available on the Internet to all the world. The law however limits 
the use to small parts of published works, works of small extent, and 
single articles from newspapers and magazines. Schoolbooks are excluded 
completely. In the first two years after the start of the exploitation, 
film works may be used only with the consent of the rightsholder.

The law translates all the obligatory provisions of the EUCD into German 
copyright law. Authors are granted a new exclusive 'right of making 
available', i.e. the right to control the on-line use of their works. 
'Technical measures', i.e. digital rights management systems (DRM) are 
protected against circumvention. Following the EUCD in its strictest form, 
there is not a single exception in which circumvention would be legal. 
Circumvention for non-commercial personal use however, does not incur 
criminal or penal charges, as is the case for commercial use, but 
rightsholders can sue for damages.

The limitations on copyright in the public interest that existed in German 
copyright law before, have also been translated into the digital realm. Two 
new limitations for transient copies and for the benefit of people with a 
disability have been added from the catalogue of the EUCD.

The private copy limitation states that single reproductions of a work by a 
natural person for private non-commercial use on any, i.e. including 
digital, medium are permitted. This like most other limitations is bound to 
the condition that rightsholders receive fair compensation, i.e. a levy 
paid on copying devices and empty media to a collecting society. But on the 
internet, the right to make a private copy is completely left to the will 
of the copyright owners. According to the European Directive, they are free 
to prevent any specific usage through Digital Rights Management. German 
government apparently did not put much hope in voluntary industry action, 
introducing a fine of 50.000 Euro for companies that don't honour the 
limitations on copyright. But they specifically exclude this enforcement 
mechanism for works marketed on-line. Without that enforcement, the digital 
fair use copy for personal purposes, though explicitly guaranteed, is thus 
in fact abolished.

(Contribution by Volker Grassmuck, co-initiator privatkopie.net)

Overview of the state of implementation of the Copyright Directive 
throughout Europe
http://wiki.ael.be/index.php/EUCD-Status


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4.UK PROPOSAL FOR BIOMETRIC ID-CARD
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The controversy in the UK around the introduction of an 'entitlement card' 
was stirred up again last week by the Home Office (the Ministry of Internal 
Affairs for England and Wales). The Sunday Telegraph reported that Home 
Secretary David Blunkett (the minister) intends to charge people 35 - 43 
euros for the cards. Thus he hopes to win over the Treasury department who 
balked at the estimated cost of 2.3 billion euros. Blunkett seems convinced 
that people's concerns over terrorism and immigration would mean that they 
would not object to the cost of the card.

Another issue raised in the consultation was the type of identity 
verification that would be used on the card. The Home office proposed the 
use of iris scans while opponents believed that such a technology was not 
sufficiently developed for large scale implementation and that people would 
resist the idea of having their eyes scanned. Despite these concerns iris 
recognition is still being considered.

Identity cards are seen as a highly contentious issue within the UK where 
no scheme has existed since 1957. A conservative Government evaluated a 
modern scheme in the mid 1990s but was unable to garner sufficient public 
support as people's privacy concerns outweighed the perceived advantages of 
an identity card. Following the events of 11 September Blunkett revived the 
initiative to combat terrorism, illegal immigration, benefit fraud and 
identity theft.

In July 2002 the Home Office initiated a public consultation about 
introducing an 'entitlement card'. Up to the beginning of January 2003 the 
Government had received 2000 responses to the consultation. It claimed that 
these were broadly in favour of the scheme though critics argued that many 
of these submissions were from companies hoping to benefit from the 
implementation of a card system. During January 2003 civil rights groups 
including STAND.org and EDRI-member Privacy International raised the 
profile of the debate within the mainstream press. This activity meant that 
a further 5000 comments were submitted before the end of the consultation 
exercise on 31 January. Many of these submissions are expected to be 
critical of the Governments proposals. Concerns include 'function creep' 
with the card being required for more purposes over time, the vulnerability 
of a central database, the likelihood of a card addressing the issues given 
for its introduction and the cost of implementing such a large project.

(Contribution by Matthew Postgate, FIPR)

Article in the Sunday Telegraph (20.04.2003)
http://www.telegraph.co.uk/news/main.jhtml?xml=%2Fnews%2F2003%2F04%2F20%2Fnid20.xml

UK Government consultation pages
http://www.homeoffice.gov.uk/comrace/entitlements/index.html

Privacy International's UK entitlement card pages
http://www.privacyinternational.org/issues/idcard/uk/


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5.INTERNET CENSORSHIP IN THE UKRAINE
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During a meeting of the Freedom of Speech Committee of the Parliament and 
Council of Europe on 18 April, Privacy Ukraine presented a report on 
Internet censorship in Ukraine. Though the Ukrainian parliament has 
organised several hearings on censorship, and earlier this month even 
adopted legislation clarifying the term 'censorship', the overall 
perspective is bleak.

Freedom of speech is one of the most vulnerable freedoms in Ukraine. The 
list of annual illegal actions against journalists in Ukraine (the so 
called 'Freedom of Speech Barometer') is long. Traditional media such as TV 
and broadcasting in most cases depend on the official pro-presidential 
propaganda. The official position of the President Kuchma and his entourage 
with regard to Internet on the whole and e-media in particular deletes any 
hope for progress in the field until the collapse of the regime.

The report describes 3 censorship incidents in detail.

On 27 June 2001 the private apartment of Mr. Yeltsov, the editor-in-chief 
of e-media 'Ukraina Kriminalna' (Criminal Ukraine), was seized by SBU. The 
criminal proceedings were instituted because of the on-line publication of 
secret documents and an article titled 'From the Life of Derkatch's Family' 
about the activity of former chief of SBU Leonid Derkatch and his son, a 
member of Ukrainian Parliament, describing their business relations with 
Ukraine's oligarchy.

On 19 February 2002 the premises of the on-line political newspaper 'Obkom' 
were searched by tax administration officials even though they only had a 
warrant to search a bank situated on the floor below. The officials seized 
computer equipment and archives. Although the tax authority later said the 
search had been done 'by accident', the computers were never returned. The 
on-line version of the edition recommenced nearly a year after the 
incident, on January 8, 2003. The complaints issued by 'Obkom' were 
considered by the court, but Kyiv City Regional Prosecutor Office refused 
to initiate criminal proceedings against officials due to the 'lack of 
legal grounds'.

On 24 October 2002 the editorial premises of the on-line newspaper 
'Antiterror' of the Regional Department of the Ministry of Internal Affairs 
in Lviv City were searched and computers seized by policemen. On-line 
publication of the text of the indictment against President Kuchma issued 
by the judge of the Kyiv Appeal Court was the reason for these measures. 
The contracts with all editorial staff of this on-line medium were 
terminated in a few days.

(Contribution by Andriy Pazyuk, Privacy Ukraine)

Electronic mass-media: the last bulwark of democracy in Ukraine?
http://internetrights.org.ua/pages.php?text=news&date=2003-04-18

Freedom of Speech Barometer (English and Ukrainian)
http://en.imi.org.ua/


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6.ALL COPS GRANTED ACCESS TO TELECOMMUNICATION DATA IN NL
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Early in April, the Dutch Lower House silently approved of a change of the 
Telecommunication Law that lowers access barriers to personal data 
substantially. All 40.000 policemen will have the right to demand the name 
and address data of all telephony and internet subscribers. There is no 
need for the user to be a suspect, requests can be made in the general 
context of investigating serious crime.

Currently, access to the central database with the data of telephony 
subscribers is limited to the 500 public prosecutors (and the secret 
service). Internet providers in the Netherlands are not yet obliged to 
store the Name Address data of their users in this central database, but 
might become very eager to do so in the future, when faced with countless 
requests from police officers with little or no knowledge of internet.

The proposal also lowers the access barriers on traffic data. Public 
prosecutors no longer need judicial approval for demands to hand over 
traffic data or orders to analyse traffic data to produce the proper 
identity of a user.

Currently, there is no general legal obligation in the Netherlands to 
retain traffic data. There is only 1 specific measure obliging telephone 
companies to retain the location data of mobile telephony users for 3 
months. New obligations however, can be introduced any time, without 
parliamentary approval.


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7.SPANISH CASE LAW ABOUT HYPERLINKS
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A Spanish judge last month dismissed charges against a website accused of 
hyperlinking to illegal material. The website www.ajoderse.com (which means 
'fuck off') was accused based on the article 17 of the LSSICE (the Spanish 
version of the European E-Commerce Directive). The site includes hyperlinks 
to websites which, supposedly, describe techniques to descramble TV 
satellite signals, to get pay TV for free.

The judge gave 2 reasons to dismiss the case:

A) It was not properly stated in court that the linked pages where indeed 
illegal.
B) It was not clearly shown that the owners of ajoderse.com were aware of 
the illegal nature of the linked webpages.

Without proof of these two prerequisites the judge would not apply article 17.

Nevertheless, article 17 could still turn out to be a powerful instrument 
for digital censorship. It is easy for the Spanish government to declare 
some site illegal, make it public in a newspaper, and then ask for the 
closure of every annoying web with hyperlinks to the now illegal site.

The sentence is important because it is the first application of the 
LSSICE, and it shows how this legislation differs from the European 
directive it is supposed to mimic, as the last one has no provisions about 
linking to illegal pages.

(Contribution by David Casacuberta, CPSR)

Text of the sentence (in Spanish) (07.03.2003)
http://www.bufetalmeida.com/sentencias/ajoderse.html


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8.GLOBAL PRIVACY AWARD ANNOUNCED
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The human rights group Privacy International (PI) has announced that it 
will this year host the first international Big Brother Awards. The Awards, 
which started in the UK in 1998, were established to 'name and shame' the 
most relentless government and private sector privacy invaders. They have 
now become an annual event in fifteen countries. More than thirty national 
BBA ceremonies have taken place over the past five years.

Privacy International will be staging the awards as an annual event in 
London on 25 June, on the hundredth birthday of George Orwell, whose novel 
Nineteen Eighty-Four inspired the name of the award. A panel of more than a 
hundred experts from thirty countries will decide on the most significant 
and dangerous global privacy threats.

PI Director, Simon Davies, said his organisation decided to host the 
international event because of the vast influence of regional and global 
initiatives and institutions. "The threat posed by these unaccountable and 
powerful bodies cannot be overstated", he said. "The international 
influence of the US and the growth of international cooperation between 
governments is rapidly undermining national protections". Davies says the 
inaugural global award will take place during a celebration dinner to mark 
Orwell's 100th. "We are taking this initiative very seriously, and hope to 
attract many of the world's noted advocates to the event."

"The national awards have been a crucial step in raising public awareness. 
We feel these important ceremonies must be complemented by an initiative 
that crosses national boundaries."

Places at the awards are strictly limited. Anyone interested in attending 
should contact Simon Davies at <simon at privacy.org>.

The Big Brother Awards
http://www.privacyinternational.org/bigbrother/


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9.RECOMMENDED READING: OSCE REPORT ON FREEDOM OF THE MEDIA
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Very readworthy booklet published by the Organisation for Security and 
Co-operation in Europe (OSCE).

Experts from UNESCO and the Council of Europe as well as journalists and 
internet service providers contributed their papers from a one-day workshop 
on freedom of the media and the Internet that was held in Vienna in 
November 2002.

The topics of the papers include universal access to Cyberspace; Council of 
Europe activities regarding new information and communication technologies; 
the diminishing importance of constitutional rights in the Internet age; 
the importance of the public domain for creativity, innovation, and 
culture; and censorship and intellectual property rights in an 
international context.

In his contribution 'Burning the village to roast the pig', Felipe 
Rodriquez (founder of NL internet provider XS4ALL) outlines different 
approaches to censorship and technical means of escaping it. Optimistically 
he concludes: "Implementing any kind of on-line censorship is a 
technological battle, any censorship technology can, and will, be defeated."

 From quill to cursor: freedom of the media in the digital era (14.04.2003)
http://www.osce.org/documents/rfm/2003/04/41_en.pdf


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10.AGENDA
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3 May 2003 Padova, Italy - The right to communicate in the network society
International conference jointly organized by the WSA, the University of 
Padova and the CRIS Campaign, Communication Rights in the Information 
Society) and organization of a Communication Rights Forum in Geneva, 
parallel to the WSIS.
http://www.scipol.unipd.it/ricerca/ClaudiaPadovani/EuricHome.htm

7 and 8 May 2003, Brussels, Belgium - Conference on Software patents
2 day conference in the Dorint Hotel organised by FFII and the Eurolinux 
Alliance, 7 May opening at 09.00 AM with a keynote speech by Lawrence 
Lessig (Stanford University) 'Software Patents - Learning from American 
Mistakes'.
http://swpat.ffii.org/events/2003/europarl/05/

8 May 2003, Brussels, Belgium - European Parliament hearing on Software Patents
Small and medium enterprises are requested to register and attend
http://www.quintessenz.at/cgi-bin/index?funktion=view&id=000100002512

8-9 May 2003, Namur, Belgium - Collecting and Producing Electronic Evidence 
in Cybercrime Cases
2-day workshop organised by the University of Namur
http://www.ctose.org/info/events/workshop-8-9-may-2003.html

12-14 May 2003, Rome, Italy - Workshop on Protection of Personal Data and 
e-Commerce.
Workshop organised in the Regional Programme for the Promotion of the 
Instruments and Mechanisms of the Euro-Mediterranean Market (EuroMed Market 
Programme), aimed at all 27 Euro-Mediterranean Partners (15 EU Member 
States + 12 Mediterranean Partners)
Contact: Salvador Font Salas <s.font at eipa-ecr.com>.

13-14 June 2003, Amsterdam, The Netherlands - Freedom of the Media and the 
Internet
2-day conference organised by OSCE, the Organisation for Security and 
Co-operation in Europe.
http://www.osce.org/events/

30 June - 2 July 2003 St. Petersburg, Russia - Building the Information 
Commonwealth
http://www.communities.org.ru/conference/

7-10 August 2003 Berlin, Germany - Chaos Computer Camp 2003
http://www.ccc.de/camp/

15 August 2003 - ISEA 2004 deadline for submission of individual papers and 
presentations. The 12th edition of this symposium on electronic arts will 
take place in 3 Nordic cities (Tallin, Helsinki and Stockholm) and 
respectively deal with 'wearable experience, wireless experience and 
networked experience'.
http://www.isea2004.net/participation.html


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11.ABOUT
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EDRI-gram is a bi-weekly newsletter from European Digital Rights, an 
association of privacy and civil rights organisations in Europe. Currently 
EDRI has 10 members from 7 European countries. EDRI takes an active 
interest in developments in the EU accession countries and wants to share 
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suggestions for content or agenda-tips are most welcome.

Newsletter editor: Sjoera Nas <edrigram at edri.org>

Information about EDRI and its members:
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