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Paul Merrell

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

  •     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.
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    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

IDABC - Revision of the EIF and AG - 0 views

  • In 2006, the European Commission has started the revision of the European Interoperability Framework (EIF) and the Architecture Guidelines (AG).
  • The European Commission has started drafting the EIF v2.0 in close cooperation with the concerned Commission services and with the Members States as well as with the Candidate Countries and EEA Countries as observers.
  • A draft document from which the final EIF V2.0 will be elaborated was available for external comments till the 22nd September. The proposal for the new EIF v2.0 that has been subject to consultation, is available: [3508 Kb]
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    This planning document forms the basis for the forthcoming work to develop European Interoperability Framework v. 2.0. It is the overview of things to come, so to speak. Well worth the read to see how SOA concepts are evolving at the bleeding edge. But also noteworthy for the faceted expansion in the definition of "interoperability," which now includes: [i] political context; [ii] legal interop; [iii] organizational interop; [iv] semantic interop; and [v] technical interop. A lot of people talk the interop talk; this is a document from people who are walking the interop walk, striving to bring order out of the chaos of incompatible ICT systems across the E.U.
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    Full disclosure: I submitted detailed comments on the draft of the subject document on behalf of the Universal Interoperability Council. One theme of my comments was embraced in this document: the document recognizes human-machine interactions as a facet of interoperability, moving accessibility and usability from sideshow treatment in the draft to part of the technical interop dimension of the plan.
Matteo Spreafico

Advocacy Group Asks DOJ To Probe Google Search Results - 2 views

  • The nonprofit advocacy group said it sent a letter to Christine Varney, Assistant Attorney General for Antitrust Division, after news that the European Commission had received three complaints against Google alleging the company manipulated search engine results in an anticompetitive way.
  • "As part of your continued antitrust investigation we call on you to shine a light on Google’s black box, and require it to explain what’s behind search results," Simpson wrote.
  • "If, as it appears, Google is tweaking results to further its narrow agenda, this anticompetitive behavior must be stopped."
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    If the evidence supports the allegations, this is a plausible antitrust theory, a company with a dominant market position leveraging that position into new markets via integration. In essence this is the same theory as that applied against Microsoft's bundling and integration of Windows, Internet Explorer, and Windows Media Player.  
Gonzalo San Gil, PhD.

Gallo report: Copyright dogmatism wins a battle, not the war Submitted on 01 June 2010 | La Quadrature du Net - 1 views

  • Brussels, June 1st 2010 - The vote, in JURI committee of the European Parliament on the Gallo report "Enforcement of intellectual property", including the rapporteur's repressive amendments, reflects the asphyxiating influence of corporate lobbies on EU policy-making. The ALDE group, which had stood for fundamental freedoms on several occasions, this time sided with the entertainment industries. This vote should make EU citizens react and convince MEPs about the stakes of our evolving digital societies. Beyond the vote of the Gallo report in plenary session, there are other upcoming legislative battles where the public interest of creativity and access to knowledge can be upheld against an obsolete vision of copyright.
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    Gallo Report on the future of EU copyright: repression or reflexion ? Submitted on 25 May 2010 in * copyright * proposals * Gallo * press release * Read more * Twitter * Facebook * Delicious * Digg * MySpace * Français Paris, May 25th, 2010 - The Gallo Report on the future of "intellectual property rights" (IPR) enforcement will be voted on June 1st, at 9 AM,1 in the Committee for Legal Affairs (JURI) of the European Parliament. Since no compromise was found between the members of the committee, two visions will frontally oppose. While the rapporteur -- French sarkozyst EPP member Marielle Gallo -- is pushing for more repression to tackle online file-sharing, some positive amendments from all the other political groups2 seek to end the dogmatic repression and call for the consideration of alternative schemes to fund creation. Every citizen concerned by the future of copyright in Europe and by the open nature of the Internet should express their views to the Members of the JURI committee3. 1. 1. http://www.europarl.europa.eu/activities/committees/calendarCom.do?langu... 2. 2. http://www.laquadrature.net/wiki/Rapport_Gallo_Amendments 3. 3. La Quadrature's wiki-based tool Political Memorycan be used for this purpose.
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    Perhaps The (Only One) Association that cares about Internet Citizens' Freedoms here in Europe...
Gonzalo San Gil, PhD.

Home page - Horizon 2020 - the Framework Programme for Research and Innovation - European Commission - 1 views

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    [Welcome to the website of Horizon 2020 - the future Framework Programme for Research and Innovation. The proposed Framework Programme for Research and Innovation, which will be introduced post-2013, will build upon the successes of the current Framework Programme for Research (FP7), the Competitiveness and Innovation Framework Programme (CIP) and the European Institute of Innovation and Technology (EIT). ...]
Paul Merrell

Antitrust Week Continues: EU Slams Intel With $1.45b Fine - Law Blog - WSJ - 0 views

  • Most likely, we grant you, it was coincidence. But we couldn’t help notice the timing: Two days after the DOJ’s new antitrust head, Christine Varney, publicly repudiates her predecessors by pledging to ramp up enforcement on so-called “single-firm” monopolistic behavior, the European Union takes a sledgehammer to Intel Corp., fining it $1.45 billion for alleged monopolistic activity. The fine is the largest ever assessed for monopoly abuse. Click here for the WSJ story, from Charles Forelle; here for the NYT story; here for the NYT story; here for the FT story; here for the Commission’s statement; here for Intel’s response.
    • Paul Merrell
       
      See my earlier Diigo bookmark quoting the DG Competition statement that it had coordinated with the U.S. Justice Dept. in its simultaneous and ongoing investigation of INtel.
  • John Pheasant, an antitrust practitioner at Hogan & Hartson in London and Brussels, told the Law Blog that some of the evidence does “not look very good for Intel,” adding that “if the facts are there, this type of conduct is more likely to be regarded as abusive if practiced by a dominant company. . . .”
  • On Varney’s statement from earlier this week, Kroes said the Justice Department’s stance gave her a “huge positive feeling. The more competition authorities joining us in our competition philosophy, the better it is.”
Gonzalo San Gil, PhD.

Campaña contra el Tratado Transatlántico de Comercio e Inversiones - 0 views

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    # Por los #Derechos de #Todxs # #Frente a Los de las #Corporaciones
Paul Merrell

Operation Socialist: How GCHQ Spies Hacked Belgium's Largest Telco - 0 views

  • When the incoming emails stopped arriving, it seemed innocuous at first. But it would eventually become clear that this was no routine technical problem. Inside a row of gray office buildings in Brussels, a major hacking attack was in progress. And the perpetrators were British government spies. It was in the summer of 2012 that the anomalies were initially detected by employees at Belgium’s largest telecommunications provider, Belgacom. But it wasn’t until a year later, in June 2013, that the company’s security experts were able to figure out what was going on. The computer systems of Belgacom had been infected with a highly sophisticated malware, and it was disguising itself as legitimate Microsoft software while quietly stealing data. Last year, documents from National Security Agency whistleblower Edward Snowden confirmed that British surveillance agency Government Communications Headquarters was behind the attack, codenamed Operation Socialist. And in November, The Intercept revealed that the malware found on Belgacom’s systems was one of the most advanced spy tools ever identified by security researchers, who named it “Regin.”
  • The full story about GCHQ’s infiltration of Belgacom, however, has never been told. Key details about the attack have remained shrouded in mystery—and the scope of the attack unclear. Now, in partnership with Dutch and Belgian newspapers NRC Handelsblad and De Standaard, The Intercept has pieced together the first full reconstruction of events that took place before, during, and after the secret GCHQ hacking operation. Based on new documents from the Snowden archive and interviews with sources familiar with the malware investigation at Belgacom, The Intercept and its partners have established that the attack on Belgacom was more aggressive and far-reaching than previously thought. It occurred in stages between 2010 and 2011, each time penetrating deeper into Belgacom’s systems, eventually compromising the very core of the company’s networks.
  • Snowden told The Intercept that the latest revelations amounted to unprecedented “smoking-gun attribution for a governmental cyber attack against critical infrastructure.” The Belgacom hack, he said, is the “first documented example to show one EU member state mounting a cyber attack on another…a breathtaking example of the scale of the state-sponsored hacking problem.”
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  • When the incoming emails stopped arriving, it seemed innocuous at first. But it would eventually become clear that this was no routine technical problem. Inside a row of gray office buildings in Brussels, a major hacking attack was in progress. And the perpetrators were British government spies. It was in the summer of 2012 that the anomalies were initially detected by employees at Belgium’s largest telecommunications provider, Belgacom. But it wasn’t until a year later, in June 2013, that the company’s security experts were able to figure out what was going on. The computer systems of Belgacom had been infected with a highly sophisticated malware, and it was disguising itself as legitimate Microsoft software while quietly stealing data. Last year, documents from National Security Agency whistleblower Edward Snowden confirmed that British surveillance agency Government Communications Headquarters was behind the attack, codenamed Operation Socialist. And in November, The Intercept revealed that the malware found on Belgacom’s systems was one of the most advanced spy tools ever identified by security researchers, who named it “Regin.”
  • Publicly, Belgacom has played down the extent of the compromise, insisting that only its internal systems were breached and that customers’ data was never found to have been at risk. But secret GCHQ documents show the agency gained access far beyond Belgacom’s internal employee computers and was able to grab encrypted and unencrypted streams of private communications handled by the company. Belgacom invested several million dollars in its efforts to clean-up its systems and beef-up its security after the attack. However, The Intercept has learned that sources familiar with the malware investigation at the company are uncomfortable with how the clean-up operation was handled—and they believe parts of the GCHQ malware were never fully removed.
  • The revelations about the scope of the hacking operation will likely alarm Belgacom’s customers across the world. The company operates a large number of data links internationally (see interactive map below), and it serves millions of people across Europe as well as officials from top institutions including the European Commission, the European Parliament, and the European Council. The new details will also be closely scrutinized by a federal prosecutor in Belgium, who is currently carrying out a criminal investigation into the attack on the company. Sophia in ’t Veld, a Dutch politician who chaired the European Parliament’s recent inquiry into mass surveillance exposed by Snowden, told The Intercept that she believes the British government should face sanctions if the latest disclosures are proven.
  • What sets the secret British infiltration of Belgacom apart is that it was perpetrated against a close ally—and is backed up by a series of top-secret documents, which The Intercept is now publishing.
  • Between 2009 and 2011, GCHQ worked with its allies to develop sophisticated new tools and technologies it could use to scan global networks for weaknesses and then penetrate them. According to top-secret GCHQ documents, the agency wanted to adopt the aggressive new methods in part to counter the use of privacy-protecting encryption—what it described as the “encryption problem.” When communications are sent across networks in encrypted format, it makes it much harder for the spies to intercept and make sense of emails, phone calls, text messages, internet chats, and browsing sessions. For GCHQ, there was a simple solution. The agency decided that, where possible, it would find ways to hack into communication networks to grab traffic before it’s encrypted.
  • The Snowden documents show that GCHQ wanted to gain access to Belgacom so that it could spy on phones used by surveillance targets travelling in Europe. But the agency also had an ulterior motive. Once it had hacked into Belgacom’s systems, GCHQ planned to break into data links connecting Belgacom and its international partners, monitoring communications transmitted between Europe and the rest of the world. A map in the GCHQ documents, named “Belgacom_connections,” highlights the company’s reach across Europe, the Middle East, and North Africa, illustrating why British spies deemed it of such high value.
  • Documents published with this article: Automated NOC detection Mobile Networks in My NOC World Making network sense of the encryption problem Stargate CNE requirements NAC review – October to December 2011 GCHQ NAC review – January to March 2011 GCHQ NAC review – April to June 2011 GCHQ NAC review – July to September 2011 GCHQ NAC review – January to March 2012 GCHQ Hopscotch Belgacom connections
Gonzalo San Gil, PhD.

European Commission to update its open source policy | Joinup - 0 views

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    " Steps up efforts to contribute code upstream The European Commission wants to make it easier for its software developers to submit patches and add new functionalities to open source projects. Contributing to open source communities will be made central to the EC's new open source policy, expects Pierre Damas, Head of Sector at the Directorate General for IT (DIGIT)."
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    " Steps up efforts to contribute code upstream The European Commission wants to make it easier for its software developers to submit patches and add new functionalities to open source projects. Contributing to open source communities will be made central to the EC's new open source policy, expects Pierre Damas, Head of Sector at the Directorate General for IT (DIGIT)."
Gonzalo San Gil, PhD.

Campaña contra el Tratado Transatlántico de Comercio e Inversiones: "No habrá freno a la privatización de los servicios públicos con el tratado comercial entre EEUU y Europa" - 0 views

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    "José Ramón Mariño, economista de Attac, anuncia la presentación de mociones en los ayuntamientos para lograr la paralización de las negociaciones del Acuerdo Transatlántico de Comercio e Inversión (TTIP). "
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    "José Ramón Mariño, economista de Attac, anuncia la presentación de mociones en los ayuntamientos para lograr la paralización de las negociaciones del Acuerdo Transatlántico de Comercio e Inversión (TTIP). "
Gonzalo San Gil, PhD.

Así sería la nueva ley de copyright europea - 0 views

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    "La nueva ley del copyright europea sigue su camino para rectificar los errores cometidos con la anterior y actualizar los textos legales de la Unión a la era de Internet. El Partido Pirata está participando en el nuevo texto para asegurarse de ello. "
Gonzalo San Gil, PhD.

Paso hacia atrás de la Unión Europea para garantizar la neutralidad de la red » MuyComputer - 0 views

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    "La Unión Europea se ha mostrado implacable a la hora de defender los intereses de consumidores y usuarios, siempre y cuando esto no perjudicara a empresas europeas, como por ejemplo con el derecho al olvido. Sin embargo cuando se trata de las ISP se ha mostrado mucho más blanda, dando pasos titubeantes hacia la neutralidad de la red."
Gonzalo San Gil, PhD.

OFE: 'Continued discrimination in IT procurement' | Joinup - 0 views

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    "Submitted by Gijs Hillenius on July 16, 2014 ( Cancel rating Poor Okay Good Great Awesome ) 5/5 | 1 votes | 63 reads | Public administrations across Europe continue to discriminate in their IT calls for tender by asking for specific brands and products, concludes OpenForum Europe, and organisation advocating for an open, competitive ICT market. "Thousands of small IT firms are excluded from competing in the public procurement process by restrictions such as the naming of trademarks in calls for tender", said Graham Taylor, OFE's CEO, in a press statement."
Paul Merrell

Bulk Collection Under Section 215 Has Ended… What's Next? | Just Security - 0 views

  • The first (and thus far only) roll-back of post-9/11 surveillance authorities was implemented over the weekend: The National Security Agency shuttered its program for collecting and holding the metadata of Americans’ phone calls under Section 215 of the Patriot Act. While bulk collection under Section 215 has ended, the government can obtain access to this information under the procedures specified in the USA Freedom Act. Indeed, some experts have argued that the Agency likely has access to more metadata because its earlier dragnet didn’t cover cell phones or Internet calling. In addition, the metadata of calls made by an individual in the United States to someone overseas and vice versa can still be collected in bulk — this takes place abroad under Executive Order 12333. No doubt the NSA wishes that this was the end of the surveillance reform story and the Paris attacks initially gave them an opening. John Brennan, the Director of the CIA, implied that the attacks were somehow related to “hand wringing” about spying and Sen. Tom Cotton (R-Ark.) introduced a bill to delay the shut down of the 215 program. Opponents of encryption were quick to say: “I told you so.”
  • But the facts that have emerged thus far tell a different story. It appears that much of the planning took place IRL (that’s “in real life” for those of you who don’t have teenagers). The attackers, several of whom were on law enforcement’s radar, communicated openly over the Internet. If France ever has a 9/11 Commission-type inquiry, it could well conclude that the Paris attacks were a failure of the intelligence agencies rather than a failure of intelligence authorities. Despite the passage of the USA Freedom Act, US surveillance authorities have remained largely intact. Section 702 of the FISA Amendments Act — which is the basis of programs like PRISM and the NSA’s Upstream collection of information from Internet cables — sunsets in the summer of 2017. While it’s difficult to predict the political environment that far out, meaningful reform of Section 702 faces significant obstacles. Unlike the Section 215 program, which was clearly aimed at Americans, Section 702 is supposedly targeted at foreigners and only picks up information about Americans “incidentally.” The NSA has refused to provide an estimate of how many Americans’ information it collects under Section 702, despite repeated requests from lawmakers and most recently a large cohort of advocates. The Section 215 program was held illegal by two federal courts (here and here), but civil attempts to challenge Section 702 have run into standing barriers. Finally, while two review panels concluded that the Section 215 program provided little counterterrorism benefit (here and here), they found that the Section 702 program had been useful.
  • There is, nonetheless, some pressure to narrow the reach of Section 702. The recent decision by the European Court of Justice in the safe harbor case suggests that data flows between Europe and the US may be restricted unless the PRISM program is modified to protect the information of Europeans (see here, here, and here for discussion of the decision and reform options). Pressure from Internet companies whose business is suffering — estimates run to the tune of $35 to 180 billion — as a result of disclosures about NSA spying may also nudge lawmakers towards reform. One of the courts currently considering criminal cases which rely on evidence derived from Section 702 surveillance may hold the program unconstitutional either on the basis of the Fourth Amendment or Article III for the reasons set out in this Brennan Center report. A federal district court in Colorado recently rejected such a challenge, although as explained in Steve’s post, the decision did not seriously explore the issues. Further litigation in the European courts too could have an impact on the debate.
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  • The US intelligence community’s broadest surveillance authorities are enshrined in Executive Order 12333, which primarily covers the interception of electronic communications overseas. The Order authorizes the collection, retention, and dissemination of “foreign intelligence” information, which includes information “relating to the capabilities, intentions or activities of foreign powers, organizations or persons.” In other words, so long as they are operating outside the US, intelligence agencies are authorized to collect information about any foreign person — and, of course, any Americans with whom they communicate. The NSA has conceded that EO 12333 is the basis of most of its surveillance. While public information about these programs is limited, a few highlights give a sense of the breadth of EO 12333 operations: The NSA gathers information about every cell phone call made to, from, and within the Bahamas, Mexico, Kenya, the Philippines, and Afghanistan, and possibly other countries. A joint US-UK program tapped into the cables connecting internal Yahoo and Google networks to gather e-mail address books and contact lists from their customers. Another US-UK collaboration collected images from video chats among Yahoo users and possibly other webcam services. The NSA collects both the content and metadata of hundreds of millions of text messages from around the world. By tapping into the cables that connect global networks, the NSA has created a database of the location of hundreds of millions of mobile phones outside the US.
  • Given its scope, EO 12333 is clearly critical to those seeking serious surveillance reform. The path to reform is, however, less clear. There is no sunset provision that requires action by Congress and creates an opportunity for exposing privacy risks. Even in the unlikely event that Congress was inclined to intervene, it would have to address questions about the extent of its constitutional authority to regulate overseas surveillance. To the best of my knowledge, there is no litigation challenging EO 12333 and the government doesn’t give notice to criminal defendants when it uses evidence derived from surveillance under the order, so the likelihood of a court ruling is slim. The Privacy and Civil Liberties Oversight Board is currently reviewing two programs under EO 12333, but it is anticipated that much of its report will be classified (although it has promised a less detailed unclassified version as well). While the short-term outlook for additional surveillance reform is challenging, from a longer-term perspective, the distinctions that our law makes between Americans and non-Americans and between domestic and foreign collection cannot stand indefinitely. If the Fourth Amendment is to meaningfully protect Americans’ privacy, the courts and Congress must come to grips with this reality.
Paul Merrell

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

  • 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.
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  • “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.

Todo sobre la nueva ley de protección de datos - 1 views

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    "La Unión Europea ha aprobado la nueva ley de protección de datos, pero ¿En qué nos afecta? Internet ha cambiado muchas cosas, principalmente la cantidad de información personal que se mueve de una empresa a otra. Los datos personales tienen un gran valor para anunciantes y otras compañías, de ahí la necesidad de leyes que los regulen."
Paul Merrell

Google Caves to Russian Federal Antimonopoly Service, Agrees to Pay Fine - nsnbc international | nsnbc international - 0 views

  • Google ultimately caved to Russia’s Federal Antimonopoly Service, agreeing to pay $7.8 million (438 million rubles) for violating antitrust laws. The corporate Colossus will also pay two other fines totaling an additional $18,000 (1 million rubles) for failing to comply with past orders issued by state regulators. Last year Google caved to similar demands by the European Union.
  • In August 2016 Russia’s Federal Antimonopoly Service responded to a complaint by Russian search engine operator Yandex and fined the U.S.-based Google 438 million rubles for abusing its dominant market position to force manufacturers to make Google applications the default services on devices using Android. Regulators set the fine at 9 percent of Google’s reported profits on the Russian market in 2014, plus inflation. Similar to the case against the European Union Google challenged the penalty in several appellate courts before finally agreeing this week to meet the government’s demands. The corporation also agreed to stop requiring manufacturers to install Google services as the default applications on Android-powered devices. The agreement is valid for six years and nine months, Russia’s Antimonopoly Service reported. Last year Google, after a protracted battle, caved to similar antitrust regulations by the European Union, but the internet giant has also come under fire elsewhere. In 2015 Australian treasurer Joe Hockey implied Google in his list of corporate tax thieves. In January 2016 British lawmakers decided to fry Google over tax evasion. Google and taxes were compared to the Bermuda Triangle. One year ago the dispute between the European Union’s competition watchdog and Google, culminated in the European Commission formally charging Google with abusing the dominant position of its Android mobile phone operating system, having launched an investigation in April 2015.
Paul Merrell

Press corner | European Commission - 0 views

  • The European Commission has opened formal antitrust investigations to assess whether Apple's rules for app developers on the distribution of apps via the App Store violate EU competition rules. The investigations concern in particular the mandatory use of Apple's own proprietary in-app purchase system and restrictions on the ability of developers to inform iPhone and iPad users of alternative cheaper purchasing possibilities outside of apps. The investigations concern the application of these rules to all apps, which compete with Apple's own apps and services in the European Economic Area (EEA). The investigations follow-up on separate complaints by Spotify and by an e-book/audiobook distributor on the impact of the App Store rules on competition in music streaming and e-books/audiobooks.
  • iPhone and iPad users can only download native (non web-based) apps via the App Store. The Commission will investigate in particular two restrictions imposed by Apple in its agreements with companies that wish to distribute apps to users of Apple devices: (i)   The mandatory use of Apple's own proprietary in-app purchase system “IAP” for the distribution of paid digital content. Apple charges app developers a 30% commission on all subscription fees through IAP. (ii)  Restrictions on the ability of developers to inform users of alternative purchasing possibilities outside of apps. While Apple allows users to consume content such as music, e-books and audiobooks purchased elsewhere (e.g. on the website of the app developer) also in the app, its rules prevent developers from informing users about such purchasing possibilities, which are usually cheaper.
Paul Merrell

Press corner | European Commission - 0 views

  • The European Commission has informed Amazon of its preliminary view that it has breached EU antitrust rules by distorting competition in online retail markets. The Commission takes issue with Amazon systematically relying on non-public business data of independent sellers who sell on its marketplace, to the benefit of Amazon's own retail business, which directly competes with those third party sellers. The Commission also opened a second formal antitrust investigation into the possible preferential treatment of Amazon's own retail offers and those of marketplace sellers that use Amazon's logistics and delivery services. Executive Vice-President Margrethe Vestager, in charge of competition policy, said: “We must ensure that dual role platforms with market power, such as Amazon, do not distort competition.  Data on the activity of third party sellers should not be used to the benefit of Amazon when it acts as a competitor to these sellers. The conditions of competition on the Amazon platform must also be fair.  Its rules should not artificially favour Amazon's own retail offers or advantage the offers of retailers using Amazon's logistics and delivery services. With e-commerce booming, and Amazon being the leading e-commerce platform, a fair and undistorted access to consumers online is important for all sellers.”
  • Amazon has a dual role as a platform: (i) it provides a marketplace where independent sellers can sell products directly to consumers; and (ii) it sells products as a retailer on the same marketplace, in competition with those sellers. As a marketplace service provider, Amazon has access to non-public business data of third party sellers such as the number of ordered and shipped units of products, the sellers' revenues on the marketplace, the number of visits to sellers' offers, data relating to shipping, to sellers' past performance, and other consumer claims on products, including the activated guarantees. The Commission's preliminary findings show that very large quantities of non-public seller data are available to employees of Amazon's retail business and flow directly into the automated systems of that business, which aggregate these data and use them to calibrate Amazon's retail offers and strategic business decisions to the detriment of the other marketplace sellers. For example, it allows Amazon to focus its offers in the best-selling products across product categories and to adjust its offers in view of non-public data of competing sellers. The Commission's preliminary view, outlined in its Statement of Objections, is that the use of non-public marketplace seller data allows Amazon to avoid the normal risks of retail competition and to leverage its dominance in the market for the provision of marketplace services in France and Germany- the biggest markets for Amazon in the EU. If confirmed, this would infringe Article 102 of the Treaty on the Functioning of the European Union (TFEU) that prohibits the abuse of a dominant market position.
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    "In addition, the Commission opened a second antitrust investigation into Amazon's business practices that might artificially favour its own retail offers and offers of marketplace sellers that use Amazon's logistics and delivery services (the so-called "fulfilment by Amazon or FBA sellers"). In particular, the Commission will investigate whether the criteria that Amazon sets to select the winner of the "Buy Box" and to enable sellers to offer products to Prime users, under Amazon's Prime loyalty programme, lead to preferential treatment of Amazon's retail business or of the sellers that use Amazon's logistics and delivery services. The "Buy Box" is displayed prominently on Amazon's websites and allows customers to add items from a specific retailer directly into their shopping carts. Winning the "Buy Box" (i.e. being chosen as the offer that features in this box) is crucial to marketplace sellers as the Buy Box prominently shows the offer of one single seller for a chosen product on Amazon's marketplaces, and generates the vast majority of all sales. The other aspect of the investigation focusses on the possibility for marketplace sellers to effectively reach Prime users. Reaching these consumers is important to sellers because the number of Prime users is continuously growing and because they tend to generate more sales on Amazon's marketplaces than non-Prime users. If proven, the practice under investigation may breach Article 102 of the Treaty on the Functioning of the European Union (TFEU) that prohibits the abuse of a dominant market position. The Commission will now carry out its in-depth investigation as a matter of priority"
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    On the filed charges, the violation seems to be fairly clear-cut and straightforward to prove. (DG Competition has really outstanding lawyers.) I suspect the real fight here will be over the remedy.
Paul Merrell

EU unveils landmark law curbing power of tech giants | News | DW | 15.12.2020 - 0 views

  • The European Union unveiled landmark legislation on Tuesday that lays out strict rules for tech giants to do business in the bloc. The draft legislation, dubbed the Digital Services Act (DSA) and the Digital Markets Act (DMA), outlines specific regulations that seek to limit the power of global internet firms on the European market. Companies including Google, Apple, Amazon, Facebook and others could face hefty penalties for violating the rules. EU antitrust czar Margrethe Vestager and EU digital chief Thierry Breton presented the draft on Tuesday, after the content of the new rules was leaked to the media on Monday.
  • What's in the draft laws? The dual legislation sets out a list of do's, don'ts and penalties for internet giants: Companies with over 45 million EU users would be designated as digital "gatekeepers" — making them subject to stricter regulations. Firms could be fined up to 10% of their annual turnover for violating competition rules. The could also be required to sell one of their businesses or parts of it (including rights or brands). Platforms that refuse to comply and "endanger people's life and safety" could have their service temporarily suspended "as a last resort." Companies would need to inform the EU ahead of any planned mergers or acquisitions. Certain kinds of data must be shared with regulators and rivals. Companies favoring their own services could be outlawed. Platforms would be more responsible for illegal, disturbing or misleading content.
  • Following the announcement on Tuesday, US internet giant Google criticized the draft legislation, saying it appeared to target specific firms.  "We will carefully study the proposals made by the European Commission over the next few days. However, we are concerned that they seem to specifically target a handful of companies," said Karan Bhatia, the vice president of government affairs and public affairs at Google. Facebook appeared to offer a more conciliatory tone, saying the legislation was "on the right track."
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  • The draft still faces a long ratification process, including feedback from the EU's 27 member states and the European Parliament. Company lobbyists and trade associations will also influence the final law. The process is expected to take several months or even a year.
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