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Paul Merrell

Microsoft Loses E.U. Antitrust Case - washingtonpost.com - 0 views

  • It ordered the software giant to untie the browser from its operating system in the 27-nation E.U.
  • The commission's investigation into Microsoft's Web-surfing software began a year ago, after the Norwegian browser-maker Opera Software filed a complaint. Opera argued that Microsoft hurt competitors not only by bundling the software, in effect giving away the browser, but also by not following accepted Web standards. That meant programmers who built Web pages would have to tweak their codes for different browsers. In many cases, they simply designed pages that worked with market-leading Internet Explorer but showed up garbled on competing browsers.
  • At the time of the complaint, Opera said it was asking E.U. regulators to either force Microsoft to market a version of Windows without the browser, or to include other browsers with Windows.
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    The Post too says that DG Competition ordered the unbundling of MSIE from Windows. But again no attribution for the statement. They also leave the impression that Opera's complaint regarding the undermining of open web standards was upheld, something not stated in either the Microsoft or DG Competition announcements. So the questions of the day are: [i] did the Commission order the unbundling of MSIE from Windows; and [ii] did the Commission also rule on the undermining of open web standards. The latter question could be of critical importance in the still ongoing proceeding regarding the ECIS complaint in regard to the undermining of ODF by Microsoft pushing OOXML.
Gonzalo San Gil, PhD.

French Government Wants A 'Global Initiative' To Undermine Encryption And Put Everyone ... - 1 views

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    "from the this-is-a-bad,-bad-idea dept Some bad ideas never seem to die. It appears that the French government is working to enlist other countries to try to undermine encryption and put us all at much greater risk. "
Paul Merrell

Cy Vance's Proposal to Backdoor Encrypted Devices Is Riddled With Vulnerabilities | Jus... - 0 views

  • Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s District Attorney, released a policy paper calling for legislation requiring companies to provide the government with backdoor access to their smartphones and other mobile devices. This is the first concrete proposal of this type since September 2014, when FBI Director James Comey reignited the “Crypto Wars” in response to Apple’s and Google’s decisions to use default encryption on their smartphones. Though Comey seized on Apple’s and Google’s decisions to encrypt their devices by default, his concerns are primarily related to end-to-end encryption, which protects communications that are in transit. Vance’s proposal, on the other hand, is only concerned with device encryption, which protects data stored on phones. It is still unclear whether encryption played any role in the Paris attacks, though we do know that the attackers were using unencrypted SMS text messages on the night of the attack, and that some of them were even known to intelligence agencies and had previously been under surveillance. But regardless of whether encryption was used at some point during the planning of the attacks, as I lay out below, prohibiting companies from selling encrypted devices would not prevent criminals or terrorists from being able to access unbreakable encryption. Vance’s primary complaint is that Apple’s and Google’s decisions to provide their customers with more secure devices through encryption interferes with criminal investigations. He claims encryption prevents law enforcement from accessing stored data like iMessages, photos and videos, Internet search histories, and third party app data. He makes several arguments to justify his proposal to build backdoors into encrypted smartphones, but none of them hold water.
  • Before addressing the major privacy, security, and implementation concerns that his proposal raises, it is worth noting that while an increase in use of fully encrypted devices could interfere with some law enforcement investigations, it will help prevent far more crimes — especially smartphone theft, and the consequent potential for identity theft. According to Consumer Reports, in 2014 there were more than two million victims of smartphone theft, and nearly two-thirds of all smartphone users either took no steps to secure their phones or their data or failed to implement passcode access for their phones. Default encryption could reduce instances of theft because perpetrators would no longer be able to break into the phone to steal the data.
  • Vance argues that creating a weakness in encryption to allow law enforcement to access data stored on devices does not raise serious concerns for security and privacy, since in order to exploit the vulnerability one would need access to the actual device. He considers this an acceptable risk, claiming it would not be the same as creating a widespread vulnerability in encryption protecting communications in transit (like emails), and that it would be cheap and easy for companies to implement. But Vance seems to be underestimating the risks involved with his plan. It is increasingly important that smartphones and other devices are protected by the strongest encryption possible. Our devices and the apps on them contain astonishing amounts of personal information, so much that an unprecedented level of harm could be caused if a smartphone or device with an exploitable vulnerability is stolen, not least in the forms of identity fraud and credit card theft. We bank on our phones, and have access to credit card payments with services like Apple Pay. Our contact lists are stored on our phones, including phone numbers, emails, social media accounts, and addresses. Passwords are often stored on people’s phones. And phones and apps are often full of personal details about their lives, from food diaries to logs of favorite places to personal photographs. Symantec conducted a study, where the company spread 50 “lost” phones in public to see what people who picked up the phones would do with them. The company found that 95 percent of those people tried to access the phone, and while nearly 90 percent tried to access private information stored on the phone or in other private accounts such as banking services and email, only 50 percent attempted contacting the owner.
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  • Vance attempts to downplay this serious risk by asserting that anyone can use the “Find My Phone” or Android Device Manager services that allow owners to delete the data on their phones if stolen. However, this does not stand up to scrutiny. These services are effective only when an owner realizes their phone is missing and can take swift action on another computer or device. This delay ensures some period of vulnerability. Encryption, on the other hand, protects everyone immediately and always. Additionally, Vance argues that it is safer to build backdoors into encrypted devices than it is to do so for encrypted communications in transit. It is true that there is a difference in the threats posed by the two types of encryption backdoors that are being debated. However, some manner of widespread vulnerability will inevitably result from a backdoor to encrypted devices. Indeed, the NSA and GCHQ reportedly hacked into a database to obtain cell phone SIM card encryption keys in order defeat the security protecting users’ communications and activities and to conduct surveillance. Clearly, the reality is that the threat of such a breach, whether from a hacker or a nation state actor, is very real. Even if companies go the extra mile and create a different means of access for every phone, such as a separate access key for each phone, significant vulnerabilities will be created. It would still be possible for a malicious actor to gain access to the database containing those keys, which would enable them to defeat the encryption on any smartphone they took possession of. Additionally, the cost of implementation and maintenance of such a complex system could be high.
  • Privacy is another concern that Vance dismisses too easily. Despite Vance’s arguments otherwise, building backdoors into device encryption undermines privacy. Our government does not impose a similar requirement in any other context. Police can enter homes with warrants, but there is no requirement that people record their conversations and interactions just in case they someday become useful in an investigation. The conversations that we once had through disposable letters and in-person conversations now happen over the Internet and on phones. Just because the medium has changed does not mean our right to privacy has.
  • In addition to his weak reasoning for why it would be feasible to create backdoors to encrypted devices without creating undue security risks or harming privacy, Vance makes several flawed policy-based arguments in favor of his proposal. He argues that criminals benefit from devices that are protected by strong encryption. That may be true, but strong encryption is also a critical tool used by billions of average people around the world every day to protect their transactions, communications, and private information. Lawyers, doctors, and journalists rely on encryption to protect their clients, patients, and sources. Government officials, from the President to the directors of the NSA and FBI, and members of Congress, depend on strong encryption for cybersecurity and data security. There are far more innocent Americans who benefit from strong encryption than there are criminals who exploit it. Encryption is also essential to our economy. Device manufacturers could suffer major economic losses if they are prohibited from competing with foreign manufacturers who offer more secure devices. Encryption also protects major companies from corporate and nation-state espionage. As more daily business activities are done on smartphones and other devices, they may now hold highly proprietary or sensitive information. Those devices could be targeted even more than they are now if all that has to be done to access that information is to steal an employee’s smartphone and exploit a vulnerability the manufacturer was required to create.
  • Vance also suggests that the US would be justified in creating such a requirement since other Western nations are contemplating requiring encryption backdoors as well. Regardless of whether other countries are debating similar proposals, we cannot afford a race to the bottom on cybersecurity. Heads of the intelligence community regularly warn that cybersecurity is the top threat to our national security. Strong encryption is our best defense against cyber threats, and following in the footsteps of other countries by weakening that critical tool would do incalculable harm. Furthermore, even if the US or other countries did implement such a proposal, criminals could gain access to devices with strong encryption through the black market. Thus, only innocent people would be negatively affected, and some of those innocent people might even become criminals simply by trying to protect their privacy by securing their data and devices. Finally, Vance argues that David Kaye, UN Special Rapporteur for Freedom of Expression and Opinion, supported the idea that court-ordered decryption doesn’t violate human rights, provided certain criteria are met, in his report on the topic. However, in the context of Vance’s proposal, this seems to conflate the concepts of court-ordered decryption and of government-mandated encryption backdoors. The Kaye report was unequivocal about the importance of encryption for free speech and human rights. The report concluded that:
  • States should promote strong encryption and anonymity. National laws should recognize that individuals are free to protect the privacy of their digital communications by using encryption technology and tools that allow anonymity online. … States should not restrict encryption and anonymity, which facilitate and often enable the rights to freedom of opinion and expression. Blanket prohibitions fail to be necessary and proportionate. States should avoid all measures that weaken the security that individuals may enjoy online, such as backdoors, weak encryption standards and key escrows. Additionally, the group of intelligence experts that was hand-picked by the President to issue a report and recommendations on surveillance and technology, concluded that: [R]egarding encryption, the U.S. Government should: (1) fully support and not undermine efforts to create encryption standards; (2) not in any way subvert, undermine, weaken, or make vulnerable generally available commercial software; and (3) increase the use of encryption and urge US companies to do so, in order to better protect data in transit, at rest, in the cloud, and in other storage.
  • The clear consensus among human rights experts and several high-ranking intelligence experts, including the former directors of the NSA, Office of the Director of National Intelligence, and DHS, is that mandating encryption backdoors is dangerous. Unaddressed Concerns: Preventing Encrypted Devices from Entering the US and the Slippery Slope In addition to the significant faults in Vance’s arguments in favor of his proposal, he fails to address the question of how such a restriction would be effectively implemented. There is no effective mechanism for preventing code from becoming available for download online, even if it is illegal. One critical issue the Vance proposal fails to address is how the government would prevent, or even identify, encrypted smartphones when individuals bring them into the United States. DHS would have to train customs agents to search the contents of every person’s phone in order to identify whether it is encrypted, and then confiscate the phones that are. Legal and policy considerations aside, this kind of policy is, at the very least, impractical. Preventing strong encryption from entering the US is not like preventing guns or drugs from entering the country — encrypted phones aren’t immediately obvious as is contraband. Millions of people use encrypted devices, and tens of millions more devices are shipped to and sold in the US each year.
  • Finally, there is a real concern that if Vance’s proposal were accepted, it would be the first step down a slippery slope. Right now, his proposal only calls for access to smartphones and devices running mobile operating systems. While this policy in and of itself would cover a number of commonplace devices, it may eventually be expanded to cover laptop and desktop computers, as well as communications in transit. The expansion of this kind of policy is even more worrisome when taking into account the speed at which technology evolves and becomes widely adopted. Ten years ago, the iPhone did not even exist. Who is to say what technology will be commonplace in 10 or 20 years that is not even around today. There is a very real question about how far law enforcement will go to gain access to information. Things that once seemed like merely science fiction, such as wearable technology and artificial intelligence that could be implanted in and work with the human nervous system, are now available. If and when there comes a time when our “smart phone” is not really a device at all, but is rather an implant, surely we would not grant law enforcement access to our minds.
  • Policymakers should dismiss Vance’s proposal to prohibit the use of strong encryption to protect our smartphones and devices in order to ensure law enforcement access. Undermining encryption, regardless of whether it is protecting data in transit or at rest, would take us down a dangerous and harmful path. Instead, law enforcement and the intelligence community should be working to alter their skills and tactics in a fast-evolving technological world so that they are not so dependent on information that will increasingly be protected by encryption.
Paul Merrell

EFF to Court: Don't Undermine Legal Protections for Online Platforms that Enable Free S... - 0 views

  • EFF filed a brief in federal court arguing that a lower court’s ruling jeopardizes the online platforms that make the Internet a robust platform for users’ free speech. The brief, filed in the U.S. Court of Appeals for the Ninth Circuit, argues that 47 U.S.C. § 230, enacted as part of the Communications Decency Act (known simply as “Section 230”) broadly protects online platforms, including review websites, when they aggregate or otherwise edit users’ posts. Generally, Section 230 provides legal immunity for online intermediaries that host or republish speech by protecting them against a range of laws that might otherwise be used to hold them legally responsible for what others say and do. Section 230’s immunity directly led to the development of the platforms everyone uses today, allowing people to upload videos to their favorite platforms such as YouTube, as well as leave reviews on Amazon or Yelp. It also incentivizes the creation of new platforms that can host users’ content, leading to more innovation that enables the robust free speech found online. The lower court’s decision in Consumer Cellular v. ConsumerAffairs.com, however, threatens to undermine the broad protections of Section 230, EFF’s brief argues.
  • In the case, Consumer Cellular alleged, among other things, that ConsumerAffairs.com should be held liable for aggregating negative reviews about its business into a star rating. It also alleged that ConsumerAffairs.com edited or otherwise deleted certain reviews of Consumer Cellular in bad faith. Courts and the text of Section 230, however, plainly allow platforms to edit or aggregate user-generated content into summaries or star ratings without incurring legal liability, EFF’s brief argues. It goes on: “And any function protected by Section 230 remains so regardless of the publisher’s intent.” By allowing Consumer Cellular’s claims against ConsumerAffairs.com to proceed, the lower court seriously undercut Section 230’s legal immunity for online platforms. If the decision is allowed to stand, EFF’s brief argues, then platforms may take steps to further censor or otherwise restrict user content out of fear of being held liable. That outcome, EFF warns, could seriously diminish the Internet’s ability to serve as a diverse forum for free speech. The Internet it is constructed of and depends upon intermediaries. The many varied online intermediary platforms, including Twitter, Reddit, YouTube, and Instagram, all give a single person, with minimal resources, almost anywhere in the world the ability to communicate with the rest of the world. Without intermediaries, that speaker would need technical skill and money that most people lack to disseminate their message. If our legal system fails to robustly protect intermediaries, it fails to protect free speech online.
Gonzalo San Gil, PhD.

A house divided: Linux factions threaten success - TechRepublic [# ! A reminder from an... - 0 views

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    "Linux is at a major tipping point, yet it faces being undermined from within. Jack Wallen calls for the Linux community to end the fighting between the Linux camps. By Jack Wallen | in Linux and Open Source, June 3, 2013, 1:01 AM PST"
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    "Linux is at a major tipping point, yet it faces being undermined from within. Jack Wallen calls for the Linux community to end the fighting between the Linux camps. By Jack Wallen | in Linux and Open Source, June 3, 2013, 1:01 AM PST"
Gonzalo San Gil, PhD.

EU home affairs chief secretly worked with US to undermine new privacy laws, campaigner... - 0 views

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    "The allegations are based on an email from early 2012, in which U.S. commerce officials say EU Home Affairs Commissioner Cecilia Malmström was concerned about new European data protection proposals and kept them updated about timing and other details."
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    "The allegations are based on an email from early 2012, in which U.S. commerce officials say EU Home Affairs Commissioner Cecilia Malmström was concerned about new European data protection proposals and kept them updated about timing and other details."
Gary Edwards

Tech Execs Express Extreme Concern That NSA Surveillance Could Lead To 'Breaking' The I... - 0 views

  • We need to look the world's dangers in the face. And we need to resolve that we will not allow the dangers of the world to freeze this country in its tracks. We need to recognize that antiquated laws will not keep the public safe. We need to recognize that laws that the rest of the world does not respect will ultimately undermine the fundamental ability of our own legal processes, law enforcement agencies and even the intelligence community itself. At the end of the day, we need to recognize... the one asset that the US has which is even stronger than our military might is our moral authority. And this decline in trust, has not only effected people's trust in American technology products. It has effected people's willingness to trust the leadership of the United States. If we are going to win the war on terror. If we are going to keep the public safe. If we are going to improve American competitiveness, we need Congress to stay on the path it's set. We need Congress to finish in December the job the President put before Congress in January.
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    "Nothing necessarily earth-shattering was said by anyone, but it did involve a series of high powered tech execs absolutely slamming the NSA and the intelligence community, and warning of the vast repercussions from that activity, up to and including potentially splintering or "breaking" the internet by causing people to so distrust the existing internet, that they set up separate networks on their own. The execs repeated the same basic points over and over again. They had been absolutely willing to work with law enforcement when and where appropriate based on actual court orders and review -- but that the government itself completely poisoned the well with its activities, including hacking into the transmission lines between overseas datacenters. Thus, as Eric Schmidt noted, if the NSA and other law enforcement folks are "upset" about Google and others suddenly ramping up their use of encryption and being less willing to cooperate with the government, they only have themselves to blame for completely obliterating any sense of trust. Microsoft's Brad Smith, towards the end, made quite an impassioned plea -- it sounded more like a politician's stump speech -- about the need for rebuilding trust in the internet. It's at about an hour and 3 minutes into the video. He points out that while people had expected Congress to pass the USA Freedom Act, the rise of ISIS and other claimed threats has some people scared, but, he notes: We need to look the world's dangers in the face. And we need to resolve that we will not allow the dangers of the world to freeze this country in its tracks. We need to recognize that antiquated laws will not keep the public safe. We need to recognize that laws that the rest of the world does not respect will ultimately undermine the fundamental ability of our own legal processes, law enforcement agencies and even the intelligence community itself. At the end of the day, we need to recognize... the one asset that the US has which is even stron
Gonzalo San Gil, PhD.

TTIP explained: The secretive US-EU treaty that undermines democracy | Ars Technica UK - 0 views

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    "A boost for national economies, or a Trojan Horse for corporations? by Glyn Moody - May 7, 2015 3:51pm CEST"
Gonzalo San Gil, PhD.

Why TPP Threatens To Undermine One Of The Fundamental Principles Of Science | Techdirt - 1 views

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    "from the and-that's-a-fact dept Last week, we wrote that among the final obstacles to completing the TPP agreement was the issue of enhanced protection for drugs. More specifically, the fight is over an important new class of medicines called "biologics," which are produced from living organisms, and tend to be more complex and expensive to devise."
Gonzalo San Gil, PhD.

Experts worry governments, 'commercial pressures' will undermine online freedom | PCWorld - 0 views

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    "Nick Mediati @dtnick Jul 5, 2014 1:32 PM e-mail print Internet experts hope the Internet has plenty of good days ahead of it, but are still worried that various factors will put a damper on the open Internet we know today. That's the takeaway of a new study from the Pew Research Center, which polled 1400 experts to gauge their views on the future of online freedom. "
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    "Nick Mediati @dtnick Jul 5, 2014 1:32 PM e-mail print Internet experts hope the Internet has plenty of good days ahead of it, but are still worried that various factors will put a damper on the open Internet we know today. That's the takeaway of a new study from the Pew Research Center, which polled 1400 experts to gauge their views on the future of online freedom. "
Gonzalo San Gil, PhD.

Join the Battle for Net Neutrality - 0 views

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    "Congress is trying to sneak language into a budget bill that would take away the FCC's ability to enforce the net neutrality rules we worked hard to pass, undermining everything we did to protect the open Internet. Thousands of calls and emails will nip this in the bud - contact Congress now! "
Gonzalo San Gil, PhD.

TODAY IS THE DAY TO KILL ACTA - Boing Boing - 2 views

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    [By Cory Doctorow at 3:30 am Saturday, Feb 11 Today is the day of global protest against ACTA, the Anti-Counterfeiting Trade Agreement, a copyright treaty negotiated in secret (even parliaments and other legislatures weren't allowed to see the the working drafts), and which many governments (include the American government) are planning to adopt without legislative approval or debate. ACTA represents a wish-list of legislative gifts to the entertainment industry, and will seriously undermine legitimate users of the Internet. It imposes criminal sanctions -- with jail time -- for people who violate copyright, including remixers and other legitimate artists and creators. ...]
Gonzalo San Gil, PhD.

There's an International Plan to Censor the Internet in the Works -- Let's Stop It in I... - 1 views

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    " Media AlterNet / By Thanh Lam comments_image 76 COMMENTS There's an International Plan to Censor the Internet in the Works -- Let's Stop It in Its Tracks How the Trans Pacific Partnership making its way through Washington seriously undermines citizens' rights to participate in a free and open Internet. October 14, 2013 | "
Gonzalo San Gil, PhD.

Stop the Secrecy | OpenMedia - 0 views

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    "Right now, Obama is meeting with leaders in Asia to finalize the secretive Trans-Pacific Partnership (TPP) agreement. The TPP threatens to censor your Internet1, kill jobs, undermine environmental safeguards, and remove your democratic rights2. We're going to get the attention of decision-makers and the media by projecting a Stop The Secrecy message on key buildings in Washington D.C. - but we need you to add your voice now. First name Last name Email Country "
Gonzalo San Gil, PhD.

New 'Company' Claims It Uses Algorithms To Create Content Faster Than Creators Can, Mak... - 1 views

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    "from the [algorithmically-generated-trollface] dept Over the weekend, TorrentFreak covered the discovery of the latest thing in copyright enforcement: algorithmically-generated content created solely for the purpose of extracting infringement settlements and licensing fees. " [# ! The Dark Side of the #Copyright, #unveiled: # ! It's just to #undermine #creation (contrarily to its original #aim…) (# ! #wonder why #copyleft is #rising…)]
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    "from the [algorithmically-generated-trollface] dept Over the weekend, TorrentFreak covered the discovery of the latest thing in copyright enforcement: algorithmically-generated content created solely for the purpose of extracting infringement settlements and licensing fees. "
Gonzalo San Gil, PhD.

EU's ongoing attempt to kill Net Neutrality forever | La Quadrature du Net - 0 views

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    "Submitted on 20 May 2015 - 10:25 Net neutrality Andrus Ansip Günther Oettinger press release Printer-friendly version Send by email Français Paris, 20 May 2015 - Governments of the EU intends to crush the rights and freedoms of citizens in order to reach an agreement on roaming1, thus undermining competition and innovation in the digital economy, according to a leaked document. This documents reveals an unacceptable disregard on the part of Member States for the commitment of the EU Parliament and many EU citizens to uphold the principle of Net neutrality."
Gonzalo San Gil, PhD.

Tech sector tells Obama encryption backdoors "undermine human rights" | Ars Technica - 1 views

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    "Backdoors "could be exploited by even the most repressive or dangerous regimes." by David Kravets - May 19, 2015 4:48 pm UTC"
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    "Backdoors "could be exploited by even the most repressive or dangerous regimes." by David Kravets - May 19, 2015 4:48 pm UTC"
Gonzalo San Gil, PhD.

Avaaz - US Congress: Stop the TPP - 0 views

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    "sign the petition To US Congress and all legislators voting on the Trans-Pacific Partnership agreement: As concerned global citizens, we call on you to vote no on the the Trans-Pacific Partnership and to reject any plans that limit our governments' power to regulate in the public interest. The TPP is a threat to democracy, undermining national sovereignty, workers' rights, environmental protections and Internet freedom. We urge you to reject this corporate takeover. "
Paul Merrell

Rapid - Press Releases - EUROPA - 0 views

  • MEMO/09/15 Brussels, 17th January 2009
  • The European Commission can confirm that it has sent a Statement of Objections (SO) to Microsoft on 15th January 2009. The SO outlines the Commission’s preliminary view that Microsoft’s tying of its web browser Internet Explorer to its dominant client PC operating system Windows infringes the EC Treaty rules on abuse of a dominant position (Article 82).
  • In the SO, the Commission sets out evidence and outlines its preliminary conclusion that Microsoft’s tying of Internet Explorer to the Windows operating system harms competition between web browsers, undermines product innovation and ultimately reduces consumer choice. The SO is based on the legal and economic principles established in the judgment of the Court of First Instance of 17 September 2007 (case T-201/04), in which the Court of First Instance upheld the Commission's decision of March 2004 (see IP/04/382), finding that Microsoft had abused its dominant position in the PC operating system market by tying Windows Media Player to its Windows PC operating system (see MEMO/07/359).
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  • The evidence gathered during the investigation leads the Commission to believe that the tying of Internet Explorer with Windows, which makes Internet Explorer available on 90% of the world's PCs, distorts competition on the merits between competing web browsers insofar as it provides Internet Explorer with an artificial distribution advantage which other web browsers are unable to match. The Commission is concerned that through the tying, Microsoft shields Internet Explorer from head to head competition with other browsers which is detrimental to the pace of product innovation and to the quality of products which consumers ultimately obtain. In addition, the Commission is concerned that the ubiquity of Internet Explorer creates artificial incentives for content providers and software developers to design websites or software primarily for Internet Explorer which ultimately risks undermining competition and innovation in the provision of services to consumers.
  • Microsoft has 8 weeks to reply the SO, and will then have the right to be heard in an Oral Hearing should it wish to do so. If the preliminary views expressed in the SO are confirmed, the Commission may impose a fine on Microsoft, require Microsoft to cease the abuse and impose a remedy that would restore genuine consumer choice and enable competition on the merits.
  • A Statement of Objections is a formal step in Commission antitrust investigations in which the Commission informs the parties concerned in writing of the objections raised against them. The addressee of a Statement of Objections can reply in writing to the Statement of Objections, setting out all facts known to it which are relevant to its defence against the objections raised by the Commission. The party may also request an oral hearing to present its comments on the case. The Commission may then take a decision on whether conduct addressed in the Statement of Objections is compatible or not with the EC Treaty’s antitrust rules. Sending a Statement of Objections does not prejudge the final outcome of the procedure. In the March 2004 Decision the Commission ordered Microsoft to offer to PC manufacturers a version of its Windows client PC operating system without Windows Media Player. Microsoft, however, retained the right to also offer a version with Windows Media Player (see IP/04/382).
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    It's official, hot off the presses (wasn't there a few minutes ago). We're now into a process where DG Competition will revisit its previous order requiring Microsoft to market two versions of Windows, one with Media Player and one without. DG Competition staff were considerably outraged that Microsoft took advantage of a bit of under-specification in the previous order and sold the two versions at the same price. That detail will not be neglected this time around. Moreover, given the ineffectiveness of the previous order in restoring competition among media players, don't be surprised if this results in an outright ban on bundling MSIE with Windows.
Gonzalo San Gil, PhD.

The EU Must Stop Hungarian Net Censorship | La Quadrature du Net - 1 views

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    [ La Quadrature du Net joins the blackout operation launched by Hungarian civil rights activists who oppose the newly enacted media law. Everybody is invited to join the blackout and contact their representatives to oppose any kind of censorship in the European Union. This law imposes a stringent regulation of printed, audiovisual and online media which severely undermines the democratic foundations of the Hungarian republic. Today, La Quadrature also sent a letter to the European Commission and the President of the EU Parliament to ask them to take concrete steps to protect freedom of expression in Hungary1. ...]
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