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Gonzalo San Gil, PhD.

Will the Italian Presidency of the EU Council Support Net Neutrality? | La Quadrature d... - 0 views

www.laquadrature.net/...council-support-net-neutrality

will italian presidency council support net neutrality net neutrality

shared by Gonzalo San Gil, PhD. on 10 May 14 - No Cached
  • Gonzalo San Gil, PhD. on 10 May 14
     
    "Submitted on 9 May 2014 - 16:11 Kroes Telecoms Package Net neutrality press release Printer-friendly version Send by email Français Paris, 9 May 2014 - The voice of the Italian presidency of the Council of the European Union could mark a real departure from the usual government talk chastising the vote on Net Neutrality adopted by the European Parliament! According to the information portal Euractiv, the Italian presidency could support the text voted by the Members of the European Parliament and be ready to defend it in front of the European governments and telecommunications industry. As the publication of the guidance report of the Council of the European Union about the Net Neutrality (scheduled for 5 or 6 of June) nears, La Quadrature du Net welcomes this encouraging position and asks European citizens to invite their governments to follow this example."
  • Gonzalo San Gil, PhD. on 11 May 14
     
    "Submitted on 9 May 2014 - 16:11 Kroes Telecoms Package Net neutrality press release Printer-friendly version Send by email Français Paris, 9 May 2014 - The voice of the Italian presidency of the Council of the European Union could mark a real departure from the usual government talk chastising the vote on Net Neutrality adopted by the European Parliament! According to the information portal Euractiv, the Italian presidency could support the text voted by the Members of the European Parliament and be ready to defend it in front of the European governments and telecommunications industry. As the publication of the guidance report of the Council of the European Union about the Net Neutrality (scheduled for 5 or 6 of June) nears, La Quadrature du Net welcomes this encouraging position and asks European citizens to invite their governments to follow this example."
Gonzalo San Gil, PhD.

Internationale Koordination/Proposal for a Common European Election Programme - Piraten... - 0 views

wiki.piratenpartei.de/...on_European_Election_Programme

internationale proposal european election programme piraten partei party pirate

shared by Gonzalo San Gil, PhD. on 21 Oct 13 - No Cached
  • Gonzalo San Gil, PhD. on 21 Oct 13
     
    Preamble Today's European Union as a supranational institution is a project of its member states rather than of its citizens. PIRATES hold the opinion that the future of Europe ought to be organised on the common interests of all European citizens, rather than the special interests of a single member state. Therefore all PIRATES in the European Union have adopted this election programme and strive together to make our vision of the European Union reality. The democratic deficit within the European Union has existed since the beginning and has not sufficiently been addressed in the course of the integration process. The primary goal of all PIRATES will be to fix this and to build a solid democratic foundation for the European Union. In order to achieve that goal...
Paul Merrell

Data Transfer Pact Between U.S. and Europe Is Ruled Invalid - The New York Times - 0 views

www.nytimes.com/...-union-us-data-collection.html

surveillance state NSA-reform EUCJ litigation safe-harbor

shared by Paul Merrell on 06 Oct 15 - No Cached
  • Europe’s highest court on Tuesday struck down an international agreement that allowed companies to move digital information like people’s web search histories and social media updates between the European Union and the United States. The decision left the international operations of companies like Google and Facebook in a sort of legal limbo even as their services continued working as usual.The ruling, by the European Court of Justice, said the so-called safe harbor agreement was flawed because it allowed American government authorities to gain routine access to Europeans’ online information. The court said leaks from Edward J. Snowden, the former contractor for the National Security Agency, made it clear that American intelligence agencies had almost unfettered access to the data, infringing on Europeans’ rights to privacy. The court said data protection regulators in each of the European Union’s 28 countries should have oversight over how companies collect and use online information of their countries’ citizens. European countries have widely varying stances towards privacy.
  • Data protection advocates hailed the ruling. Industry executives and trade groups, though, said the decision left a huge amount of uncertainty for big companies, many of which rely on the easy flow of data for lucrative businesses like online advertising. They called on the European Commission to complete a new safe harbor agreement with the United States, a deal that has been negotiated for more than two years and could limit the fallout from the court’s decision.
  • Some European officials and many of the big technology companies, including Facebook and Microsoft, tried to play down the impact of the ruling. The companies kept their services running, saying that other agreements with the European Union should provide an adequate legal foundation.But those other agreements are now expected to be examined and questioned by some of Europe’s national privacy watchdogs. The potential inquiries could make it hard for companies to transfer Europeans’ information overseas under the current data arrangements. And the ruling appeared to leave smaller companies with fewer legal resources vulnerable to potential privacy violations.
  • ...3 more annotations...
  • “We can’t assume that anything is now safe,” Brian Hengesbaugh, a privacy lawyer with Baker & McKenzie in Chicago who helped to negotiate the original safe harbor agreement. “The ruling is so sweepingly broad that any mechanism used to transfer data from Europe could be under threat.”At issue is the sort of personal data that people create when they post something on Facebook or other social media; when they do web searches on Google; or when they order products or buy movies from Amazon or Apple. Such data is hugely valuable to companies, which use it in a broad range of ways, including tailoring advertisements to individuals and promoting products or services based on users’ online activities.The data-transfer ruling does not apply solely to tech companies. It also affects any organization with international operations, such as when a company has employees in more than one region and needs to transfer payroll information or allow workers to manage their employee benefits online.
  • But it was unclear how bulletproof those treaties would be under the new ruling, which cannot be appealed and went into effect immediately. Europe’s privacy watchdogs, for example, remain divided over how to police American tech companies.France and Germany, where companies like Facebook and Google have huge numbers of users and have already been subject to other privacy rulings, are among the countries that have sought more aggressive protections for their citizens’ personal data. Britain and Ireland, among others, have been supportive of Safe Harbor, and many large American tech companies have set up overseas headquarters in Ireland.
  • “For those who are willing to take on big companies, this ruling will have empowered them to act,” said Ot van Daalen, a Dutch privacy lawyer at Project Moore, who has been a vocal advocate for stricter data protection rules. The safe harbor agreement has been in place since 2000, enabling American tech companies to compile data generated by their European clients in web searches, social media posts and other online activities.
  • Paul Merrell on 06 Oct 15
     
    Another take on it from EFF: https://www.eff.org/deeplinks/2015/10/europes-court-justice-nsa-surveilance Expected since the Court's Advocate General released an opinion last week, presaging today's opinion.  Very big bucks involved behind the scenes because removing U.S.-based internet companies from the scene in the E.U. would pave the way for growth of E.U.-based companies.  The way forward for the U.S. companies is even more dicey because of a case now pending in the U.S.  The Second U.S. Circuit Court of Appeals is about to decide a related case in which Microsoft was ordered by the lower court to produce email records stored on a server in Ireland. . Should the Second Circuit uphold the order and the Supreme Court deny review, then under the principles announced today by the Court in the E.U., no U.S.-based company could ever be allowed to have "possession, custody, or control" of the data of E.U. citizens. You can bet that the E.U. case will weigh heavily in the Second Circuit's deliberations.  The E.U. decision is by far and away the largest legal event yet flowing out of the Edward Snowden disclosures, tectonic in scale. Up to now, Congress has succeeded in confining all NSA reforms to apply only to U.S. citizens. But now the large U.S. internet companies, Google, Facebook, Microsoft, Dropbox, etc., face the loss of all Europe as a market. Congress *will* be forced by their lobbying power to extend privacy protections to "non-U.S. persons."  Thank you again, Edward Snowden.
Paul Merrell

U.S. knocks plans for European communication network | Reuters - 0 views

www.reuters.com/...ications-idUSBREA331W820140404

surveillance state NSA EU EU-cloud USTR WTO digital-privacy

shared by Paul Merrell on 08 Apr 14 - No Cached
  • The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.
  • Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."
  • U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.
  • Paul Merrell on 08 Apr 14
     
    High comedy from the office of the U.S. Trade Representative. The USTR's press release is here along with a link to its report. http://www.ustr.gov/about-us/press-office/press-releases/2014/March/USTR-Targets-Telecommunications-Trade-Barriers The USTR is upset because the E.U. is aiming to build a digital communications network that does not route internal digital traffic outside the E.U., to limit the NSA's ability to surveil Europeans' communications. Part of the plan is to build an E.U.-centric cloud that is not susceptible to U.S. court orders. This plan does not, of course, sit well with U.S.-based cloud service providers.  Where the comedy comes in is that the USTR is making threats to go to the World Trade organization to block the E.U. move under the authority of the General Agreement on Trade in Services (GATS). But that treaty provides, in article XIV, that:  "Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: ... (c)      necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:   ... (ii)     the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts[.]" http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#articleXIV   The E.U., in its Treaty on Human Rights, has very strong privacy protections for digital communications. The USTR undoubtedly knows all this, and that the WTO Appellate Panel's judges are of the European mold, sticklers for protection of human rights and most likely do not appreciate being subjects o
Gonzalo San Gil, PhD.

European Press Prize: The Awards for Excellence in Journalism. - 0 views

www.europeanpressprize.com/?utm_source=linkedin&utm_medium=ads&utm_campaign=function&utm_content=en

european press prize awards excellence journalism

shared by Gonzalo San Gil, PhD. on 27 Nov 13 - No Cached
  • Gonzalo San Gil, PhD. on 27 Nov 13
     
    "Every year, the European Press Prize salutes and encourages the highest achievements in European journalism. We believe the elevation of journalism is a constant, urgent imperative. The second year of the European Press Prize starts in september! From september 9 until the 29th of november 2013 we welcome entries from all over Europe in four different categories for the European Press Prizes of 2013. "
Paul Merrell

Spies and internet giants are in the same business: surveillance. But we can stop them ... - 0 views

www.theguardian.com/...-harbour-ruling-edward-snowden

surveillance state NSA EU data privacy litigation

shared by Paul Merrell on 12 Oct 15 - No Cached
  • On Tuesday, the European court of justice, Europe’s supreme court, lobbed a grenade into the cosy, quasi-monopolistic world of the giant American internet companies. It did so by declaring invalid a decision made by the European commission in 2000 that US companies complying with its “safe harbour privacy principles” would be allowed to transfer personal data from the EU to the US. This judgment may not strike you as a big deal. You may also think that it has nothing to do with you. Wrong on both counts, but to see why, some background might be useful. The key thing to understand is that European and American views about the protection of personal data are radically different. We Europeans are very hot on it, whereas our American friends are – how shall I put it? – more relaxed.
  • Given that personal data constitutes the fuel on which internet companies such as Google and Facebook run, this meant that their exponential growth in the US market was greatly facilitated by that country’s tolerant data-protection laws. Once these companies embarked on global expansion, however, things got stickier. It was clear that the exploitation of personal data that is the core business of these outfits would be more difficult in Europe, especially given that their cloud-computing architectures involved constantly shuttling their users’ data between server farms in different parts of the world. Since Europe is a big market and millions of its citizens wished to use Facebook et al, the European commission obligingly came up with the “safe harbour” idea, which allowed companies complying with its seven principles to process the personal data of European citizens. The circle having been thus neatly squared, Facebook and friends continued merrily on their progress towards world domination. But then in the summer of 2013, Edward Snowden broke cover and revealed what really goes on in the mysterious world of cloud computing. At which point, an Austrian Facebook user, one Maximilian Schrems, realising that some or all of the data he had entrusted to Facebook was being transferred from its Irish subsidiary to servers in the United States, lodged a complaint with the Irish data protection commissioner. Schrems argued that, in the light of the Snowden revelations, the law and practice of the United States did not offer sufficient protection against surveillance of the data transferred to that country by the government.
  • The Irish data commissioner rejected the complaint on the grounds that the European commission’s safe harbour decision meant that the US ensured an adequate level of protection of Schrems’s personal data. Schrems disagreed, the case went to the Irish high court and thence to the European court of justice. On Tuesday, the court decided that the safe harbour agreement was invalid. At which point the balloon went up. “This is,” writes Professor Lorna Woods, an expert on these matters, “a judgment with very far-reaching implications, not just for governments but for companies the business model of which is based on data flows. It reiterates the significance of data protection as a human right and underlines that protection must be at a high level.”
  • ...2 more annotations...
  • This is classic lawyerly understatement. My hunch is that if you were to visit the legal departments of many internet companies today you would find people changing their underpants at regular intervals. For the big names of the search and social media worlds this is a nightmare scenario. For those of us who take a more detached view of their activities, however, it is an encouraging development. For one thing, it provides yet another confirmation of the sterling service that Snowden has rendered to civil society. His revelations have prompted a wide-ranging reassessment of where our dependence on networking technology has taken us and stimulated some long-overdue thinking about how we might reassert some measure of democratic control over that technology. Snowden has forced us into having conversations that we needed to have. Although his revelations are primarily about government surveillance, they also indirectly highlight the symbiotic relationship between the US National Security Agency and Britain’s GCHQ on the one hand and the giant internet companies on the other. For, in the end, both the intelligence agencies and the tech companies are in the same business, namely surveillance.
  • And both groups, oddly enough, provide the same kind of justification for what they do: that their surveillance is both necessary (for national security in the case of governments, for economic viability in the case of the companies) and conducted within the law. We need to test both justifications and the great thing about the European court of justice judgment is that it starts us off on that conversation.
Paul Merrell

News - Antitrust - Competition - European Commission - 0 views

ec.europa.eu/...news.html

antitrust Google European Commission DG Competition Android comarison-shopping-search

shared by Paul Merrell on 17 Apr 15 - No Cached
  • Google inquiries Commission accuses Google of systematically favouring own shopping comparison service Infographic: Google might be favouring 'Google Shopping' when displaying general search results
  • Antitrust: Commission sends Statement of Objections to Google on comparison shopping service; opens separate formal investigation on AndroidWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission opens formal investigation against Google in relation to Android mobile operating systemWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission sends Statement of Objections to Google on comparison shopping serviceWed, 15 Apr 2015 10:00:00 GMTStatement by Commissioner Vestager on antitrust decisions concerning GoogleWed, 15 Apr 2015 11:39:00 GMT
  • Paul Merrell on 17 Apr 15
     
    The more interesting issue to me is the accusation that Google violates antitrust law by boosting its comparison shopping search results in its search results, unfairly disadvantaging competing shopping services and not delivering best results to users. What's interesting to me is that the Commission is attempting to portray general search as a separate market from comparison shopping search, accusing Google of attempting to leverage its general search monopoly into the separate comoparison shopping search market. At first blush, Iim not convinced that these are or should be regarded as separable markets. But the ramifications are enormous. If that is a separate market, then arguably so is Google's book search, its Google Scholar search, its definition search, its site search, etc. It isn't clear to me how one might draw a defensible line taht does not also sweep in every new search feature  as a separate market.   
Paul Merrell

European Parliament Urges Protection for Edward Snowden - The New York Times - 0 views

www.nytimes.com/...snowden-nsa-whistleblower.html

surveillance state Snowden EU-Parliament resolution charges extradition

shared by Paul Merrell on 30 Oct 15 - No Cached
  • The European Parliament narrowly adopted a nonbinding but nonetheless forceful resolution on Thursday urging the 28 nations of the European Union to recognize Edward J. Snowden as a “whistle-blower and international human rights defender” and shield him from prosecution.On Twitter, Mr. Snowden, the former National Security Agency contractor who leaked millions of documents about electronic surveillance by the United States government, called the vote a “game-changer.” But the resolution has no legal force and limited practical effect for Mr. Snowden, who is living in Russia on a three-year residency permit.Whether to grant Mr. Snowden asylum remains a decision for the individual European governments, and none have done so thus far. Continue reading the main story Related Coverage Open Source: Now Following the N.S.A. on Twitter, @SnowdenSEPT. 29, 2015 Snowden Sees Some Victories, From a DistanceMAY 19, 2015 Still, the resolution was the strongest statement of support seen for Mr. Snowden from the European Parliament. At the same time, the close vote — 285 to 281 — suggested the extent to which some European lawmakers are wary of alienating the United States.
  • The resolution calls on European Union members to “drop any criminal charges against Edward Snowden, grant him protection and consequently prevent extradition or rendition by third parties.”In June 2013, shortly after Mr. Snowden’s leaks became public, the United States charged him with theft of government property and violations of the Espionage Act of 1917. By then, he had flown to Moscow, where he spent weeks in legal limbo before he was granted temporary asylum and, later, a residency permit.Four Latin American nations have offered him permanent asylum, but he does not believe he could travel from Russia to those countries without running the risk of arrest and extradition to the United States along the way.
  • The White House, which has used diplomatic efforts to discourage even symbolic resolutions of support for Mr. Snowden, immediately criticized the resolution.“Our position has not changed,” said Ned Price, a spokesman for the National Security Council in Washington.“Mr. Snowden is accused of leaking classified information and faces felony charges here in the United States. As such, he should be returned to the U.S. as soon as possible, where he will be accorded full due process.”Jan Philipp Albrecht, one of the lawmakers who sponsored the resolution in Europe, said it should increase pressure on national governments.
  • ...1 more annotation...
  • “It’s the first time a Parliament votes to ask for this to be done — and it’s the European Parliament,” Mr. Albrecht, a German lawmaker with the Greens political bloc, said in a phone interview shortly after the vote, which was held in Strasbourg, France. “So this has an impact surely on the debate in the member states.”The resolution “is asking or demanding the member states’ governments to end all the charges and to prevent any extradition to a third party,” Mr. Albrecht said. “That’s a very clear call, and that can’t be just ignored by the governments,” he said.
Gonzalo San Gil, PhD.

European Commission Public Consultation on Copyright: La Quadrature du Net's Answer | L... - 0 views

www.laquadrature.net/...t-la-quadrature-du-nets-answer

european commission public consultation copyright answer Quadrature

shared by Gonzalo San Gil, PhD. on 14 Feb 14 - No Cached
  • Gonzalo San Gil, PhD. on 14 Feb 14
     
    "Paris, 14 February 2014 - The European Commission's public consultation on copyright reform is open until 5 March [The European Commission extended the deadline by a month]. This consultation represents an important opportunity for European citizens to demand that access to culture and knowledge be recognised as their fundamental right. It also allows the interests of authors and creators to be defended against those of the cultural industries, major distributors and intermediaries, and heirs of rightholders who currently receive the greatest share of income from copyrighted works. La Quadrature du Net therefore calls on the maximum number of citizens and organisations to reply to the consultation and support a positive reform of copyright."
Paul Merrell

European Commission publishes guidance on new data protection rules - nsnbc internation... - 0 views

nsnbc.me/...e-on-new-data-protection-rules

EU European Commission digital-privacy rules

shared by Paul Merrell on 24 Jan 18 - No Cached
  • The European Commission, on January 24, published its guidance aimed to facilitate a direct and smooth application of the European Union’s new data protection rules across the EU as of 25 May. The Commission also launches a new online tool dedicated to SMEs.
  • With just over 100 days left before the application of the new law, the guidance outlines what the European Commission, national data protection authorities and national administrations, according to the Commission, should still do to bring the preparation to a successful completion. The Commission notes that while the new regulation provides for a single set of rules directly applicable in all Member States, it will still require significant adjustments in certain aspects, like amending existing laws by EU governments or setting up the European Data Protection Board by data protection authorities. The Commission states that the guidance recalls the main innovations, opportunities opened up by the new rules, takes stock of the preparatory work already undertaken and outlines the work still ahead of the European Commission, national data protection authorities and national administrations. Andrus Ansip, European Commission Vice-President for the Digital Single Market, said: “Our digital future can only be built on trust. Everyone’s privacy has to be protected. Strengthened EU data protection rules will become a reality on 25 May. It is a major step forward and we are committed to making it a success for everyone.” Vĕra Jourová, Commissioner for Justice, Consumers and Gender Equality, added:” In today’s world, the way we handle data will determine to a large extent our economic future and personal safety. We need modern rules to respond to new risks, so we call on EU governments, authorities and businesses to use the remaining time efficiently and fulfil their roles in the preparations for the big day.”
  • The guidance recalls the main elements of the new data protection rules: One set of rules across the continent, guaranteeing legal certainty for businesses and the same data protection level across the EU for citizens. Same rules apply to all companies offering services in the EU, even if these companies are based outside the EU. Stronger and new rights for citizens: the right to information, access and the right to be forgotten are strengthened. A new right to data portability allows citizens to move their data from one company to the other. This will give companies new business opportunities. Stronger protection against data breaches: a company experiencing a data breach, which put individuals at risk, has to notify the data protection authority within 72 hours. Rules with teeth and deterrent fines: all data protection authorities will have the power to impose fines for up to EUR 20 million or, in the case of a company, 4% of the worldwide annual turnover.
Gonzalo San Gil, PhD.

Julia Reda - Freedom to link threatened by EU court decision and copyright plans [Date:... - 0 views

juliareda.eu/...eu-freedom-to-link

Julia Reda freedom link threaten threat Europe court decision copyright plans

shared by Gonzalo San Gil, PhD. on 09 Sep 16 - No Cached
  • Gonzalo San Gil, PhD. on 09 Sep 16
     
    "Today, the European Court of Justice significantly curtailed the freedom to hyperlink - one of the basic building blocks of the web. Together with the new special copyright protection for news articles the European Commission is planning to propose next week, the ability of Europeans to point to things online without having to fear breaking a law is in peril. Could the following message soon be commonplace on the European internet? Read on for details."
Gonzalo San Gil, PhD.

(Online Music Piracy Doesn't Hurt Sales, European Commission Finds - TorrentFreak | # !... - 0 views

torrentfreak.com/ropean-commission-finds-130318

shared by Gonzalo San Gil, PhD. on 27 May 16 - No Cached
  • Gonzalo San Gil, PhD. on 27 May 16
     
    " Ernesto on March 18, 2013 C: 372 New research published by the European Commission's Joint Research Centre shows that online piracy doesn't hurt digital music revenues. The researchers examined browsing habits from 16,000 Europeans and found that there's a positive link between online piracy and visits to legal music stores, irrespective of people's interest in music. The study concludes that the music industry should not see piracy as a growing concern."
  • Gonzalo San Gil, PhD. on 27 May 16
     
    " Ernesto on March 18, 2013 C: 372 New research published by the European Commission's Joint Research Centre shows that online piracy doesn't hurt digital music revenues. The researchers examined browsing habits from 16,000 Europeans and found that there's a positive link between online piracy and visits to legal music stores, irrespective of people's interest in music. The study concludes that the music industry should not see piracy as a growing concern."
Gonzalo San Gil, PhD.

Most Europeans Download and Stream Pirated Movies | TorrentFreak - 0 views

torrentfreak.com/d-stream-pirated-movies-140214

european commission download stream movies most europeans culture defend Defend Citizens' Rights

shared by Gonzalo San Gil, PhD. on 14 Feb 14 - No Cached
  • Gonzalo San Gil, PhD. on 14 Feb 14
     
    " Ernesto on February 14, 2014 C: 19 Breaking Nearly 70% of all Europeans download or stream films for free, a new study from the European Commission reveals. The high costs of legal alternatives such as movie tickets and DVDs are the main justification, with release lags and limited availability also among the top reasons."
Paul Merrell

EU-US Personal Data Privacy Deal 'Cracked Beyond Repair' - 0 views

www.mintpressnews.com/...218358

surveillance state EU safe-harbor privacy-shield litigation

shared by Paul Merrell on 12 Jul 16 - No Cached
  • Privacy Shield is the proposed new deal between the EU and the US that is supposed to safeguard all personal data on EU citizens held on computer systems in the US from being subject to mass surveillance by the US National Security Agency. The data can refer to any transaction — web purchases, cars or clothing — involving an EU citizen whose data is held on US servers. Privacy groups say Privacy Shield — which replaces the Safe Harbor agreement ruled unlawful in October 2015 — does not meet strict EU standard on the use of personal data. Monique Goyens, Director General of the European Consumer Organization (BEUC) told Sputnik: “We consider that the shield is cracked beyond repair and is unlikely to stand scrutiny by the European Court of Justice. A fundamental problem remains that the US side of the shield is made of clay, not iron.”
  • The agreement has been under negotiation for months ever since the because the European Court of Justice ruled in October 2015 that the previous EU-US data agreement — Safe Harbor — was invalid. The issue arises from the strict EU laws — enshrined in the Charter of Fundamental Rights of the European Union — to the privacy of their personal data.
  • The Safe Harbor agreement was a quasi-judicial understanding that the US undertook to agree that it would ensure that EU citizens’ data on US servers would be held and protected under the same restrictions as it would be under EU law and directives. The data covers a huge array of information — from Internet and communications usage, to sales transactions, import and exports.
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  • The case arose when Maximillian Schrems, a Facebook user, lodged a complaint with the Irish Data Protection Commissioner, arguing that — in the light of the revelations by ex-CIA contractor Edward Snowden of mass surveillance by the US National Security Agency (NSA) — the transfer of data from Facebook’s Irish subsidiary onto the company’s servers in the US does not provide sufficient protection of his personal data. The court ruled that: “the Safe Harbor Decision denies the national supervisory authorities their powers where a person calls into question whether the decision is compatible with the protection of the privacy and of the fundamental rights and freedoms of individuals.”
  • Paul Merrell on 12 Jul 16
     
    Off we go for another trip to the European Court of Justice.
Gonzalo San Gil, PhD.

A Year Ago, The European Supreme Court Appears To Have Ruled The Whole Web To Be In The... - 1 views

falkvinge.net/...blic-domain-and-nobody-noticed

european supreme court rule anything published Public Domain already web www Internet

shared by Gonzalo San Gil, PhD. on 18 Sep 15 - No Cached
  • Gonzalo San Gil, PhD. on 18 Sep 15
     
    "On February 13, 2014, the European Court of Justice - the Supreme Court of the European Union - appears to have ruled that anything published on the web may be re-published freely by anybody else. The case concerned linking, but the court went beyond linking in its ruling. This case has not really been noticed, nor have its effects been absorbed by the community at large."
Gonzalo San Gil, PhD.

Breaking: The European Union Is Taking a Look at Spotify's Contracts... - Digital Music... - 0 views

www.digitalmusicnews.com/...ion-to-investigate-sonyspotify

International Music Managers Forum etter European Commision U.S. Copyright Office leak contracts labels grab musicians royalties sharin aficionados give free promotion money

shared by Gonzalo San Gil, PhD. on 26 May 15 - No Cached
    • Gonzalo San Gil, PhD.
      Gonzalo San Gil, PhD. on 26 May 15
       
      # ! what is unfair with artists? # ! sharing aficionad@s giving free promotion # ! or 'caring' labels grabbing their royalties...?
  • Gonzalo San Gil, PhD. on 26 May 15
     
    [ Tuesday, May 26, 2015 by Nina Ulloa Last week, the International Music Managers Forum wrote an open letter to the European Commission and U.S. Copyright Office regarding the leaked Sony/Spotify contract. Now, the International Artist Organisation has chimed in with their own letter to the European Commission…]
Paul Merrell

IDABC - TESTA: Trans European Services for Telematics between Admini - 0 views

ec.europa.eu/...2097

architecture competition european idabc internet interop soa standards testa union

shared by Paul Merrell on 31 Aug 08 - Cached
  •     The need for tight security may sometimes appear to clash with the need to exchange information effectively. However, TESTA offers an appropriate solution. It constitutes the European Community's own private network, isolated from the Internet and allows officials from different Ministries to communicate at a trans-European level in a safe and prompt way.
  • What is TESTA?ObjectivesHow does it work?AchievementsWho benefits?The role of TESTA in IDABCThe future of TESTATechnical InformationDocumentation
  • What is TESTA? TESTA is the European Community's own private, IP-based network. TESTA offers a telecommunications interconnection platform that responds to the growing need for secure information exchange between European public administrations. It is a European IP network, similar to the Internet in its universal reach, but dedicated to inter-administrative requirements and providing guaranteed performance levels.
  • Paul Merrell on 31 Aug 08
     
    Note that Barack Obama's campaign platform technology plank calls for something similar in the U.S., under the direction of the nation's first National CIO, with an emphasis on open standards, interoperability, and reinvigorated antitrust enforcement. Short story: The E.U. is 12 years ahead of the U.S. in developing a regional SOA connecting all levels of government and in the U.S., open standards-based eGovernment has achieved the status of a presidential election issue. All major economic powers either follow the E.U.'s path or get left in Europe's IT economic dust. The largest missing element of the internet, a unified internet architecture that rejects big vendor incompatible IT standard games, is under way. I can't stress too much how key TESTA has been in the E.U.'s initiatives regarding document formats, embrace of open source software, and competition law intervention in the IT industry (e.g., the Microsoft case). The E.U. is very serious about restoring competition in the IT market, using both antitrust law and the government procurement power.
Paul Merrell

Update: EU hits Microsoft with new antitrust charges - 0 views

www.computerworld.com/...article.do

Microsoft MSIE antitrust DG Competition Opera

shared by Paul Merrell on 17 Jan 09 - No Cached
  • January 16, 2009 (Computerworld) Microsoft Corp. confirmed today that European Union regulators have formally accused the company of breaking antitrust laws by including the company's Internet Explorer (IE) browser with the Windows operating system. "Yesterday, Microsoft received a Statement of Objections from the Directorate General for Competition of the European Commission," the company said in a statement on Friday. "The Statement of Objections expresses the Commission's preliminary view that the inclusion of Internet Explorer in Windows since 1996 has violated European competition law." According to Microsoft, the EU claimed that "other browsers are foreclosed from competing because Windows includes Internet Explorer."
Gonzalo San Gil, PhD.

Copyright Reform: The European Parliament Must Follow the Reda Report! | La Quadrature ... - 0 views

www.laquadrature.net/...nt-must-follow-the-reda-report

copyright reform european parliament report Julia Reda You participate discuto.io

shared by Gonzalo San Gil, PhD. on 26 Jan 15 - No Cached
  • Gonzalo San Gil, PhD. on 26 Jan 15
     
    "Submitted on 26 Jan 2015 - 11:47 copyright creative contribution Andrus Ansip Günther Oettinger press release Printer-friendly version Send by email Français Paris, January 26, 2015 - Yesterday, MEP Julia Reda presented in the Committee on Legal Affairs (JURI) of the European Parliament a report on the harmonization of copyright in Europe. She tables modest but welcome proposals for a reform of copyright, several of which have been supported by La Quadrature du Net." [# ! And You can still take part... https://www.discuto.io/en/consultation/6240?page=2]
  • Gonzalo San Gil, PhD. on 26 Jan 15
     
    "Submitted on 26 Jan 2015 - 11:47 copyright creative contribution Andrus Ansip Günther Oettinger press release Printer-friendly version Send by email Français Paris, January 26, 2015 - Yesterday, MEP Julia Reda presented in the Committee on Legal Affairs (JURI) of the European Parliament a report on the harmonization of copyright in Europe. She tables modest but welcome proposals for a reform of copyright, several of which have been supported by La Quadrature du Net." [# ! And You can still take part... https://www.discuto.io/en/consultation/6240?page=2]
  • Gonzalo San Gil, PhD. on 27 Jan 15
     
    "Submitted on 26 Jan 2015 - 11:47 copyright creative contribution Andrus Ansip Günther Oettinger press release Printer-friendly version Send by email Français Paris, January 26, 2015 - Yesterday, MEP Julia Reda presented in the Committee on Legal Affairs (JURI) of the European Parliament a report on the harmonization of copyright in Europe. She tables modest but welcome proposals for a reform of copyright, several of which have been supported by La Quadrature du Net." [# ! And You can still take part... https://www.discuto.io/en/consultation/6240?page=2]
Paul Merrell

Microsoft to host data in Germany to evade US spying | Naked Security - 0 views

nakedsecurity.sophos.com/...-in-germany-to-evade-us-spying

surveillance state NSA FBI EU data-centers privacy

shared by Paul Merrell on 14 Nov 15 - No Cached
  • Microsoft's new plan to keep the US government's hands off its customers' data: Germany will be a safe harbor in the digital privacy storm. Microsoft on Wednesday announced that beginning in the second half of 2016, it will give foreign customers the option of keeping data in new European facilities that, at least in theory, should shield customers from US government surveillance. It will cost more, according to the Financial Times, though pricing details weren't forthcoming. Microsoft Cloud - including Azure, Office 365 and Dynamics CRM Online - will be hosted from new datacenters in the German regions of Magdeburg and Frankfurt am Main. Access to data will be controlled by what the company called a German data trustee: T-Systems, a subsidiary of the independent German company Deutsche Telekom. Without the permission of Deutsche Telekom or customers, Microsoft won't be able to get its hands on the data. If it does get permission, the trustee will still control and oversee Microsoft's access.
  • Microsoft CEO Satya Nadella dropped the word "trust" into the company's statement: Microsoft’s mission is to empower every person and every individual on the planet to achieve more. Our new datacenter regions in Germany, operated in partnership with Deutsche Telekom, will not only spur local innovation and growth, but offer customers choice and trust in how their data is handled and where it is stored.
  • On Tuesday, at the Future Decoded conference in London, Nadella also announced that Microsoft would, for the first time, be opening two UK datacenters next year. The company's also expanding its existing operations in Ireland and the Netherlands. Officially, none of this has anything to do with the long-drawn-out squabbling over the transatlantic Safe Harbor agreement, which the EU's highest court struck down last month, calling the agreement "invalid" because it didn't protect data from US surveillance. No, Nadella said, the new datacenters and expansions are all about giving local businesses and organizations "transformative technology they need to seize new global growth." But as Diginomica reports, Microsoft EVP of Cloud and Enterprise Scott Guthrie followed up his boss’s comments by saying that yes, the driver behind the new datacenters is to let customers keep data close: We can guarantee customers that their data will always stay in the UK. Being able to very concretely tell that story is something that I think will accelerate cloud adoption further in the UK.
  • ...2 more annotations...
  • Microsoft and T-Systems' lawyers may well think that storing customer data in a German trustee data center will protect it from the reach of US law, but for all we know, that could be wishful thinking. Forrester cloud computing analyst Paul Miller: To be sure, we must wait for the first legal challenge. And the appeal. And the counter-appeal. As with all new legal approaches, we don’t know it is watertight until it is challenged in court. Microsoft and T-Systems’ lawyers are very good and say it's watertight. But we can be sure opposition lawyers will look for all the holes. By keeping data offshore - particularly in Germany, which has strong data privacy laws - Microsoft could avoid the situation it's now facing with the US demanding access to customer emails stored on a Microsoft server in Dublin. The US has argued that Microsoft, as a US company, comes under US jurisdiction, regardless of where it keeps its data.
  • Running away to Germany isn't a groundbreaking move; other US cloud services providers have already pledged expansion of their EU presences, including Amazon's plan to open a UK datacenter in late 2016 that will offer what CTO Werner Vogels calls "strong data sovereignty to local users." Other big data operators that have followed suit: Salesforce, which has already opened datacenters in the UK and Germany and plans to open one in France next year, as well as new EU operations pledged for the new year by NetSuite and Box. Can Germany keep the US out of its datacenters? Can Ireland? Time, and court cases, will tell.
  • Paul Merrell on 14 Nov 15
     
    The European Community's Court of Justice decision in the Safe Harbor case --- and Edward Snowden --- are now officially downgrading the U.S. as a cloud data center location. NSA is good business for Europeans looking to displace American cloud service providers, as evidenced by Microsoft's decision. The legal test is whether Microsoft has "possession, custody, or control" of the data. From the info given in the article, it seems that Microsoft has done its best to dodge that bullet by moving data centers to Germany and placing their data under the control of a European company. Do ownership of the hardware and profits from their rent mean that Microsoft still has "possession, custody, or control" of the data? The fine print of the agreement with Deutsche Telekom and the customer EULAs will get a thorough going over by the Dept. of Justice for evidence of Microsoft "control" of the data. That will be the crucial legal issue. The data centers in Germany may pass the test. But the notion that data centers in the UK can offer privacy is laughable; the UK's legal authority for GCHQ makes it even easier to get the data than the NSA can in the U.S.  It doesn't even require a court order. 
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