Back in July, we asked you to write to your MEP about worrying last minute amendments to the EU Telecoms Package. Now, the European Data Protection Supervisor (EDPS), an independent supervisory authority devoted to protecting personal data and privacy, has commented in depth on the amendments in a 13-page report.
In reviewing the amendments, the EDPS underlines the concerns raised earlier in the Summer that they could bring in a "3 strikes" style copyright enforcement regime through the backdoor. He states that:
"...it seems fair to say that the amendments do not set up unequivocally a "3 strikes approach" system. They do not spell out thoroughly the details of such a system. However, in the EDPS' view, these amendments provide for a "slippery slope", and can be interpreted as erecting the foundations for such a system and even favouring its emergence, to be further developed either at national or EU levels"
Thanks to the letters sent by the ORG community MEPs were alerted to the ambiguities in the proposed amendments and are now seeking to clarify what effects the law will have. The EDPS recommends that
"...in light of the points above, this should be clarified in a recital, which could read as follows: "Cooperation procedures created pursuant to this Directive should not allow for systematic and proactive surveillance of Internet usage""
Voting on the amendments will take place next week. You can download the EDPS report here [pdf]. For more commentary, try:
The Open Rights Group : Blog Archive » To do this weekend: ask your MEPs to vote for Telecom package amendments 133 and 138:
Sep 20, 2008 at 12:51 PM
[...] La Quadrature du Net are maintaining a voting list, which gives MEPs interested in protecting the rights of European citizens advice on how to vote on all the amendments tabled to the Telecoms package. As the list demonstrates, many amendments have been tabled that reflect the criticisms of the Telecoms package made by the European Data Protection Supervisor last week. [...]
Robert Wang:
Sep 30, 2008 at 11:46 AM
I find it understandable that law making is a slow process. Strong, viable, relevant and just law is normally the consequence of much consideration. What I do have issue with is the near absence of enforcement and the weakness of sanctions which in fairness to business are akin to an inducement to flout given competitiveness difficulties if one provider of a number stays within the leter of the law.
Robert