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Gonzalo San Gil, PhD.

El acuerdo PP y Ciudadanos, su refuerzo a la Ley Sinde y la mentira por el bien de España - 0 views

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    "31/08/2016 - 20:24h Twittear - PUBLICIDAD - Antecedentes. Hace ahora exactamente 10 años se produjo la que, según los medios de comunicación, fue la "operación más importante contra la piratería en toda Europa". En la redada fueron detenidas 15 personas por administrar páginas de enlaces a redes P2P, lo que se celebró, además de por la industria de los contenidos, por Carmen Calvo, la por entonces ministra de Cultura, que dijo en una intervención en la Biblioteca Nacional que esta operación fue una de las más importantes actuaciones durante su cargo."
Paul Merrell

EU okays 'renewed' data transfer deal, lets US firms move Europeans' private info overseas - RT News - 0 views

  • The EU has accepted a new version of the so-called Private Shield law that would allow US companies to transfer Europeans’ private data to servers across the ocean. The EU struck down the previously-reached agreement over US surveillance concerns.
  • The majority of EU members voted in support of the Privacy Shield pact with the US that had been designed to replace its predecessor, the Safe Harbor system, which the highest EU court ruled “invalid” in October 2015 following Edward Snowden’s revelations about mass US surveillance.
  • The newly-adopted agreement will come into force starting Tuesday.The deal, which is said to be aimed at protecting European citizens’ private data, defines the rules of how the sharing of information should be handled. It gives legal ground for tech companies such as Google, Facebook and MasterCard to move Europeans’ personal data to US servers bypassing an EU ban on moving personal information out from the 28-nation bloc. The agreement covers everything from private data about employees to detailed records of what people do online.“For the first time, the US has given the EU written assurance that the access of public authorities for law enforcement and national security will be subject to clear limitations, safeguards and oversight mechanisms and has ruled out indiscriminate mass surveillance of European citizens' data,” the statement said.
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  • The new deal now grants greater guarantees to European customers and provides “accessible and affordable redress mechanisms” in case any disputes concerning US spying arise. An ombudsman will also be created within the US State Department to review complaints filed by EU citizens.
  • Privacy Shield, however, has also faced sharp criticism. Concerns about extensive US spying activity were raised in Europe after whistleblower Edward Snowden released a trove of controversial material on Washington’s surveillance practices.Digital rights group Privacy International (PI) said the newly-adopted pact had been drawn up on a "flawed premise" and “remains full of holes and hence offers limited protection to personal data”. 
Gonzalo San Gil, PhD.

La recaudación en taquilla descendió tras el cierre de Megaupload - 1 views

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    "Poco a poco seguimos conociendo los efectos que tuvo el cierre de Megaupload en enero de 2012. Según un nuevo estudio realizado en Europa, parte de la industria cinematográfica se vio perjudicada, concretamente la encargada de producir las películas más modestas en presupuesto."
Paul Merrell

US websites should inform EU citizens about NSA surveillance, says report - 0 views

  • All existing data sharing agreements between Europe and the US should be revoked, and US web site providers should prominently inform European citizens that their data may be subject to government surveillance, according to the recommendations of a briefing report for the European Parliament. The report was produced in response to revelations about the US National Security Agency (NSA) snooping on internet traffic, and aims to highlight the subsequent effect on European Union (EU) citizens' rights.
  • The report warns that EU data protection authorities have failed to understand the “structural shift of data sovereignty implied by cloud computing”, and the associated risks to the rights of EU citizens. It suggests “a full industrial policy for development of an autonomous European cloud computing capacity” should be set up to reduce exposure of EU data to NSA surveillance that is undertaken by the use of US legislation that forces US-based cloud providers to provide access to data they hold.
  • To put pressure on the US government, the report recommends that US websites should ask EU citizens for their consent before gathering data that could be used by the NSA. “Prominent notices should be displayed by every US web site offering services in the EU to inform consent to collect data from EU citizens. The users should be made aware that the data may be subject to surveillance by the US government for any purpose which furthers US foreign policy,” it said. “A consent requirement will raise EU citizen awareness and favour growth of services solely within EU jurisdiction. This will thus have economic impact on US business and increase pressure on the US government to reach a settlement.”
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  • Other recommendations include the EU offering protection and rewards for whistleblowers, including “strong guarantees of immunity and asylum”. Such a move would be seen as a direct response to the plight of Edward Snowden, the former NSA analyst who leaked documents that revealed the extent of the NSA’s global internet surveillance programmes. The report also says that, “Encryption is futile to defend against NSA accessing data processed by US clouds,” and that there is “no technical solution to the problem”. It calls for the EU to press for changes to US law.
  • “It seems that the only solution which can be trusted to resolve the Prism affair must involve changes to the law of the US, and this should be the strategic objective of the EU,” it said. The report was produced for the European Parliament committee on civil liberties, justice and home affairs, and comes before the latest hearing of an inquiry into electronic mass surveillance of EU citizens, due to take place in Brussels on 24 September.
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    Yee-haw! E.U. sanctuary and rewards for NSA whistle-blowers. Mandatory warnings for customers of U.S. cloud services that their data may be turned over to the NSA. Pouring more gasoline on the NSA diplomatic fire. 
Gonzalo San Gil, PhD.

Medios españoles: los menos fiables según la Universidad de Oxford | Periodistas en Español - 0 views

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    "Un informe elaborado por la Universidad de Oxford y publicado por el "Instituto Reuters para el estudio del periodismo" concluye que los medios comunicación de España son los menos creíbles de los once países consultados en Europa y los segundos menos creibles de los doce estudiados de todo el mundo"
Gonzalo San Gil, PhD.

"Nuestros políticos se están asegurando de que Europa no tenga futuro" - Iniciativa Debate - 0 views

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    "En marzo, Susan George, presidenta del comité de planificación del Transnational Institute de Ámsterdam, ­estuvo en Madrid para hablar de la Asociación Transatlántica para el Comercio y la Inversión, el acuerdo de libre comercio conocido como TTIP. Estados Unidos y la Unión Europea negocian este tratado, muy contestado por movimientos y sindicatos a ambos lados del océano Atlántico."
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    "En marzo, Susan George, presidenta del comité de planificación del Transnational Institute de Ámsterdam, ­estuvo en Madrid para hablar de la Asociación Transatlántica para el Comercio y la Inversión, el acuerdo de libre comercio conocido como TTIP. Estados Unidos y la Unión Europea negocian este tratado, muy contestado por movimientos y sindicatos a ambos lados del océano Atlántico."
Paul Merrell

Microsoft breaks IE8 interoperability promise | The Register - 0 views

  • In March, Microsoft announced that their upcoming Internet Explorer 8 would: "use its most standards compliant mode, IE8 Standards, as the default." Note the last word: default. Microsoft argued that, in light of their newly published interoperability principles, it was the right thing to do. This declaration heralded an about-face and was widely praised by the web standards community; people were stunned and delighted by Microsoft's promise. This week, the promise was broken. It lasted less than six months. Now that Internet Explorer IE8 beta 2 is released, we know that many, if not most, pages viewed in IE8 will not be shown in standards mode by default.
  • How many pages are affected by this change? Here's the back of my envelope: The PC market can be split into two segments — the enterprise market and the home market. The enterprise market accounts for around 60 per cent of all PCs sold, while the home market accounts for the remaining 40 per cent. Within enterprises, intranets are used for all sorts of things and account for, perhaps, 80 per cent of all page views. Thus, intranets account for about half of all page views on PCs!
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    Article by Hakon Lie of Opera Software. Also note that acdcording to the European Commission, "As for the tying of separate software products, in its Microsoft judgment of 17 September 2007, the Court of First Instance confirmed the principles that must be respected by dominant companies. In a complaint by Opera, a competing browser vendor, Microsoft is alleged to have engaged in illegal tying of its Internet Explorer product to its dominant Windows operating system. The complaint alleges that there is ongoing competitive harm from Microsoft's practices, in particular in view of new proprietary technologies that Microsoft has allegedly introduced in its browser that would reduce compatibility with open internet standards, and therefore hinder competition. In addition, allegations of tying of other separate software products by Microsoft, including desktop search and Windows Live have been brought to the Commission's attention. The Commission's investigation will therefore focus on allegations that a range of products have been unlawfully tied to sales of Microsoft's dominant operating system." http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/08/19&format=HTML&aged=0&language=EN&guiLanguage=en
Paul Merrell

Rapid - Press Releases - EUROPA - 0 views

  • As regards interoperability, in its Microsoft judgment of 17 September 2007, the Court of First Instance confirmed the principles that must be respected by dominant companies as regards interoperability disclosures. In the complaint by ECIS, Microsoft is alleged to have illegally refused to disclose interoperability information across a broad range of products, including information related to its Office suite, a number of its server products, and also in relation to the so called .NET Framework. The Commission's examination will therefore focus on all these areas, including the question whether Microsoft's new file format Office Open XML, as implemented in Office, is sufficiently interoperable with competitors' products. As for the tying of separate software products, in its Microsoft judgment of 17 September 2007, the Court of First Instance confirmed the principles that must be respected by dominant companies. In a complaint by Opera, a competing browser vendor, Microsoft is alleged to have engaged in illegal tying of its Internet Explorer product to its dominant Windows operating system. The complaint alleges that there is ongoing competitive harm from Microsoft's practices, in particular in view of new proprietary technologies that Microsoft has allegedly introduced in its browser that would reduce compatibility with open internet standards, and therefore hinder competition. In addition, allegations of tying of other separate software products by Microsoft, including desktop search and Windows Live have been brought to the Commission's attention. The Commission's investigation will therefore focus on allegations that a range of products have been unlawfully tied to sales of Microsoft's dominant operating system.
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      Note the scope of the original complaint now being prosecuted by DG Competition: [i] tying MSIE to Windows; [ii] adding proprietary tehnology to MSIE that conflict with open internet standards; [iiii] tying desktop search and Windows Live, presumably to Vista. Initial press reports of the DG Competition statement of objections mention only the tying of MSIE to Windows issue,. So we do not yet know whether the other complaints are being prosecuted. But perhaps worthy of note, the press's acknowledged source of information iis Microsoft, which has incentives to soft-pedal the scope of the objections. Also note from the press reports that the Comission has not yet announced its position on the ECIS complaint involving Office and OOXML.
Paul Merrell

Rapid - Press Releases - EUROPA - 0 views

  • The Commission found that Intel engaged in two specific forms of illegal practice. First, Intel gave wholly or partially hidden rebates to computer manufacturers on condition that they bought all, or almost all, their x86 CPUs from Intel. Intel also made direct payments to a major retailer on condition it stock only computers with Intel x86 CPUs. Such rebates and payments effectively prevented customers - and ultimately consumers - from choosing alternative products. Second, Intel made direct payments to computer manufacturers to halt or delay the launch of specific products containing competitors’ x86 CPUs and to limit the sales channels available to these products.
  • Intel awarded major computer manufacturers rebates on condition that they purchased all or almost all of their supplies, at least in certain defined segments, from Intel: Intel gave rebates to computer manufacturer A from December 2002 to December 2005 conditional on this manufacturer purchasing exclusively Intel CPUs Intel gave rebates to computer manufacturer B from November 2002 to May 2005 conditional on this manufacturer purchasing no less than 95% of its CPU needs for its business desktop computers from Intel (the remaining 5% that computer manufacturer B could purchase from rival chip maker AMD was then subject to further restrictive conditions set out below) Intel gave rebates to computer manufacturer C from October 2002 to November 2005 conditional on this manufacturer purchasing no less than 80% of its CPU needs for its desktop and notebook computers from Intel Intel gave rebates to computer manufacturer D in 2007 conditional on this manufacturer purchasing its CPU needs for its notebook computers exclusively from Intel.
  • Furthermore, Intel made payments to major retailer Media Saturn Holding from October 2002 to December 2007 on condition that it exclusively sold Intel-based PCs in all countries in which Media Saturn Holding is active.
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  • In its decision, the Commission does not object to rebates in themselves but to the conditions Intel attached to those rebates.
  • Intel structured its pricing policy to ensure that a computer manufacturer which opted to buy AMD CPUs for that part of its needs that was open to competition would consequently lose the rebate (or a large part of it) that Intel provided for the much greater part of its needs for which the computer manufacturer had no choice but to buy from Intel. The computer manufacturer would therefore have to pay Intel a higher price for each of the units supplied for which the computer manufacturer had no alternative but to buy from Intel. In other words, should a computer manufacturer fail to purchase virtually all its x86 CPU requirements from Intel, it would forego the possibility of obtaining a significant rebate on any of its very high volumes of Intel purchases. Moreover, in order to be able to compete with the Intel rebates, for the part of the computer manufacturers' supplies that was up for grabs, a competitor that was just as efficient as Intel would have had to offer a price for its CPUs lower than its costs of producing those CPUs, even if the average price of its CPUs was lower than that of Intel.
  • For example, rival chip manufacturer AMD offered one million free CPUs to one particular computer manufacturer. If the computer manufacturer had accepted all of these, it would have lost Intel's rebate on its many millions of remaining CPU purchases, and would have been worse off overall simply for having accepted this highly competitive offer. In the end, the computer manufacturer took only 160,000 CPUs for free.
  • Intel also interfered directly in the relations between computer manufacturers and AMD. Intel awarded computer manufacturers payments - unrelated to any particular purchases from Intel - on condition that these computer manufacturers postponed or cancelled the launch of specific AMD-based products and/or put restrictions on the distribution of specific AMD-based products. The Commission found that these payments had the potential effect of preventing products for which there was a consumer demand from coming to the market. The Commission found the following specific cases: For the 5% of computer manufacturer B’s business that was not subject to the conditional rebate outlined above, Intel made further payments to computer manufacturer B provided that this manufacturer : sold AMD-based business desktops only to small and medium enterprises sold AMD-based business desktops only via direct distribution channels (as opposed to through distributors) and postponed the launch of its first AMD-based business desktop in Europe by 6 months. Intel made payments to computer manufacturer E provided that this manufacturer postponed the launch of an AMD-based notebook from September 2003 to January 2004. Before the conditional rebate to computer manufacturer D outlined above, Intel made payments to this manufacturer provided that it postponed the launch of AMD-based notebooks from September 2006 to the end of 2006.
  • The Commission obtained proof of the existence of many of the conditions found to be illegal in the antitrust decision even though they were not made explicit in Intel’s contracts. Such proof is based on a broad range of contemporaneous evidence such as e-mails obtained inter alia from unannounced on-site inspections, in responses to formal requests for information and in a number of formal statements made to the Commission by the other companies concerned. In addition, there is evidence that Intel had sought to conceal the conditions associated with its payments.
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    This is an uncharacteristically strong press release from DG Competition. I still must read the order, but the description of the evidence is incredible, particularly the finding of concealment of its rebate conditions by Intel.
Paul Merrell

Rapid - Press Releases - EUROPA - 0 views

  • The Commission has found that Intel excluded its competitor in two ways: through illegal loyalty rebates by paying manufacturers and retailers to restrict the commercialisation of competitors' products.These illegal actions were designed to preserve Intel's market share at a time when their only significant rival - AMD - was a growing threat to Intel's position. This threat was widely recognised by both computer manufacturers and in Intel's own internal documents seen by the Commission. The computer manufacturers involved are Acer, Dell, HP, Lenovo and NEC. The retailer involved is Media Saturn Holdings, the parent company of Media Markt.
  • Naturally, the Commission favours strong, vigorous price competition, including by dominant firms. However, Intel went beyond normal price competition by giving rebates to computer manufacturers on the condition that they bought all, or almost all, of their CPUs from Intel. Intel also made direct payments to a major retailer – Media Markt - on the condition that it stocked only computers with Intel CPUs.
  • Just to give you one example: in one case, a computer manufacturer took up only a small part of an offer by AMD of free CPUs because acceptance of all the free CPUs offered would have led that computer manufacturer to breach the conditions of its agreement with Intel and to lose rebates on all its much more numerous Intel purchases.
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  • Intel made direct payments to computer manufacturers to halt or delay the launch of products using their rival's chips, and to limit their distribution once available. The Commission has specific, documented examples, of Intel paying other manufacturers to, for example, delay the launch of an AMD-based PC by six months, and to restrict the sales of AMD-based products to certain customers.
  • The Commission Decision contains evidence that Intel went to great lengths to cover-up many of its anti-competitive actions. Many of the conditions mentioned above were not to be found in Intel’s official contracts. However, the Commission was able to gather a broad range of evidence demonstrating Intel's illegal conduct through statements from companies, on-site inspections, and formal requests for information.
  • Finally, I would like to draw your attention to Intel's latest global advertising campaign which proposes Intel as the "Sponsors of Tomorrow." Their website invites visitors to add their 'vision of tomorrow'. Well, I can give my vision of tomorrow for Intel here and now: "obey the law".
Gonzalo San Gil, PhD.

Safe Harbor: Más olfato, más Europa, más humildad | La ley en la Red - 0 views

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    " Publicado por Pablo García Mexía el oct 23, 2015 Compartir El trasfondo de la crucial sentencia del Tribunal de Justicia de la UE en el asunto Schrems c. Facebook es, como se sabe, la Decisión 520/2000/CE, que declaraba conformes al "estándar adecuado" de protección de datos las transferencias efectuadas a aquellas empresas norteamericanas que se hubieran acogido a los principios establecidos en dicha Decisión, el procedimiento habitualmente conocido como Safe Harbor (o "puerto seguro")."
Gonzalo San Gil, PhD.

Better Society - Horizon 2020 - the Framework Programme for Research and Innovation - European Commission - 0 views

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    [Horizon 2020 reflects the policy priorities of the Europe 2020 strategy and addresses major concerns shared by citizens in Europe and elsewhere. A challenge-based approach will bring together resources and knowledge across different fields, technologies and disciplines, including social sciences and the humanities. This will cover activities from research to market with a new focus on innovation-related activities, such as piloting, demonstration, test-beds, and support for public procurement and market uptake. It will include establishing links with the activities of the European Innovation Partnerships (EIP).]
Gonzalo San Gil, PhD.

A digital freedom strategy in EU foreign policy | Europarlament - 0 views

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    [Texts adopted - Tuesday, 11 December 2012 - - P7_TA-PROV(2012)0470 ]
Paul Merrell

Privacy Shield Program Overview | Privacy Shield - 0 views

  • EU-U.S. Privacy Shield Program Overview The EU-U.S. Privacy Shield Framework was designed by the U.S. Department of Commerce and European Commission to provide companies on both sides of the Atlantic with a mechanism to comply with EU data protection requirements when transferring personal data from the European Union to the United States in support of transatlantic commerce. On July 12, the European Commission deemed the Privacy Shield Framework adequate to enable data transfers under EU law (see the adequacy determination). The Privacy Shield program, which is administered by the International Trade Administration (ITA) within the U.S. Department of Commerce, enables U.S.-based organizations to join the Privacy Shield Framework in order to benefit from the adequacy determination. To join the Privacy Shield Framework, a U.S.-based organization will be required to self-certify to the Department of Commerce (via this website) and publicly commit to comply with the Framework’s requirements. While joining the Privacy Shield Framework is voluntary, once an eligible organization makes the public commitment to comply with the Framework’s requirements, the commitment will become enforceable under U.S. law. All organizations interested in joining the Privacy Shield Framework should review its requirements in their entirety. To assist in that effort, Commerce’s Privacy Shield Team has compiled resources and addressed frequently asked questions below. ResourcesKey New Requirements for Participating Organizations How to Join the Privacy ShieldPrivacy Policy FAQs Frequently Asked Questions
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    I got a notice from Dropbox tonight that it is now certified under this program. This program is fallout from an E.U. Court of Justice decision following the Snowden disclosures, holding that the then existing U.S.-E.U. framework for ptoecting the rights of E.U. citozens' data were invalid because that framework did not adequately protect digital privacy rights. This new framework is intended to comoply with the court's decision but one need only look at section 5 of the agreement to see that it does not. Expect follow-on litigation. THe agreement is at https://www.privacyshield.gov/servlet/servlet.FileDownload?file=015t00000004qAg Section 5 lets NSA continue to intercept and read data from E.U. citizens and also allows their data to be disclosed to U.S. law enforcement. And the agreement adds nothing to U.S. citizens' digital privacy rights. In my view, this framework is a stopgap measure that will only last as long as it takes for another case to reach the Court of Justice and be ruled upon. The ox that got gored by the Court of Justice ruling was U.S. company's ability to store E.U. citizens' data outside the E.U. and to allow internet traffic from the E.U. to pass through the U.S. Microsoft had leadership that set up new server farms in Europe under the control of a business entity beyond the jurisdiction of U.S. courts. Other I/.S. internet biggies didn't follow suit. This framework is their lifeline until the next ruling by the Court of Justice.
Gonzalo San Gil, PhD.

Viviane Reding: "Google roba datos privados a los usuarios" | euronews, the global conversation - 0 views

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    " |La vicepresidente de la Comisión Europea, Viviane Reding y Comisaria de Justicia , Derechos Fundamentales y Ciudadanía ha asegurado que siente Estados Unidos haya espiado a países socios y amigos como son los países europeos."
Paul Merrell

Hyperlinking is Not Copyright Infringement, EU Court Rules | TorrentFreak - 0 views

  • Does publishing a hyperlink to freely available content amount to an illegal communication to the public and therefore a breach of creator's copyrights under European law? After examining a case referred to it by Sweden's Court of Appeal, the Court of Justice of the European Union has ruled today that no, it does not.
  • One such case, referred to the CJEU by Sweden’s Court of Appeal, is of particular interest to Internet users as it concerns the very mechanism that holds the web together. The dispute centers on a company called Retriever Sverige AB, an Internet-based subscription service that indexes links to articles that can be found elsewhere online for free. The problem came when Retriever published links to articles published on a newspaper’s website that were written by Swedish journalists. The company felt that it did not have to compensate the journalists for simply linking to their articles, nor did it believe that embedding them within its site amounted to copyright infringement. The journalists, on the other hand, felt that by linking to their articles Retriever had “communicated” their works to the public without permission. In the belief they should be paid, the journalists took their case to the Stockholm District Court. They lost their case in 2010 and decided to take the case to appeal. From there the Svea Court of Appeal sought advice from the EU Court. Today the Court of Justice published its lengthy decision and it’s largely good news for the Internet.
Gonzalo San Gil, PhD.

Review of the EU copyright rules - Consultations - The EU Single Market - European Commission [DEADLINE EXTENDED until March 5] - 1 views

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    "Policy Field Internal Market, Intellectual Property ‑ Copyright Target group All stakeholders are welcome to contribute to this consultation. Contributions are particularly sought from consumers, users, authors, performers, publishers, producers, broadcasters, intermediaries, distributors and other service providers, Collective Management Organisations, public authorities and Member States. Period From 05.12.2013 to 05.02.2014. Objective The objective of this consultation is to gather input from all stakeholders on the review of the EU copyright rules. How to submit your contribution"
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    # One More Month: @ur #feedback, #highly #awaited.
Gonzalo San Gil, PhD.

Connected Continent: a single telecom market for growth & jobs - Digital Agenda for Europe - European Commission - 0 views

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    "In the face of the deep crisis affecting its economy and society, Europe needs to tap into new sources of growth in areas that will reinforce its competitiveness, drive innovation and create new job opportunities. " [Key information: Communication Regulation Recommendation Impact assessment Press release - Watch the press conference Memo Speech: We must act now - time for a Connected Continent Press conference opening remarks by Neelie Kroes, Vice-President of the EC in charge of Digital Agenda Statement by Ryan Heath, Spokesperson for Digital Agenda on the Telecom Package Tags: Telecoms telecoms single market growth and jobs]
Gonzalo San Gil, PhD.

El vicepresidente del Mercado Único Digital: "la legislación actual fomenta la piratería" - 0 views

    • Gonzalo San Gil, PhD.
       
      # ! no se enteran: Ya no 'manda' la Indusstria, manda la Gente. Y la Gente quiere más varieaadad, más flexibilidad y... precios más bajos. # ! ... que la tecnología digital ha reducido los costes de producción, promoción y distribución enormemente...
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    [a Comisión Europea inició el mes pasado la adopción de una estrategia para establecer un Mercado Único Digital, que pasa por modernizar las leyes europeas de copyright con la intención de acabar con prácticas discriminatorias como los bloqueos geográficos injustificados, y que los usuarios puedan disfrutar sin problemas del contenido digital que han comprado en otros países de la Unión.]
Gonzalo San Gil, PhD.

European Commission proposes new Investment Court System for TTIP and other EU trade and investment negotiations - 0 views

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    "Brussels, 16 September 2015 The European Commission has approved its proposal for a new and transparent system for resolving disputes between investors and states - the Investment Court System. The Investment Court System would replace the existing investor-to-state dispute settlement (ISDS) mechanism in all ongoing and future EU investment negotiations, including the EU-US talks on a Transatlantic Trade and Investment Partnership (TTIP)."
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