The freedom of any net-citizen might be at stake, because the French and EU president Sarkozy, tries to get his foot inbetween the door of any internaut in Europe by regulating it’s network based on his “three strikes and you’re out” without court order. This proposal is called the “Telecom Package “, which reforms the EU’s regulatory framework for electronic communications networks and services with a view to completing the internal market for electronic communications.

“no restriction may be imposed on the fundamental rights and freedoms of end-users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened where the ruling may be subsequent.” — Amendment 138 (24/09/08)

You might remember from the past, as soon as Sarkozy became president he soon became obsessed with the “graduated response” of “3 strikes and you’re out”. Some of these amendments were covertly introduced into this “Telecom Package” which would inflict the same “3 strikes and you’re out” rule through entire Europe; which is blocked by amendment 138 (supported by a huge cross-party majority of 88% of the members of the EU MEPs). Sarkozy requested to delete amendment 138 of the “Telecom Package” which was firmly refused by the EU.

Very ironically, CBC has reported the French president Nicolas Sarkozy has been approached by an independent band for copyright infringement . He admitted to use the bands song multiple times for a political campaign which goes beyond the scope of a normal license and offered to settle the case for a symbolic 1 euro! The band rejected the offer calling this insulting.

Does this mean a president can break his own rules for commercial reasons without permission or payment? Are these court-fines ambigiously high? Since a president can settle for 1€! It’s amazing the public just accepts such “zero tolerance” from the music industry while being nailed at the higher command “defending the common artist”.

The Commission considers the amendment to be important to the key legal principles of the Community legal order, especially because it’s the fundemental right of the citizens; in particular the right to respect for a private life, protect property, for effective remedies and freedom of expression and information. Basically, we cannot inject economic growth by installing surveillance and tracing, limiting our own lives and social development. In the past a campaign has been started to save amendment 138 and Internet Freedom from the Council of the EU.

“Think about the impact, the music industry has been pushing this in France; imagine yourself a neighbour with an open WIFI, go leech some music through P2P and see your neighbours being gradually kicked off the net! Fast Internet for you! Your neighbours would be unable to stop this, because their internet access would be closed without a fair trial at court!”

Nicolay Sarkozy personally wrote a letter to Jose Manual Barroso to ask him to remove amendment 138 because it “tends to exclude the possibility for Member States to implement a smart strategy of deterrence against piracy”. This law, currently active in France, is dangerous because of the earlier facts of acts upon flaky immaterial “evidence” of counterfeiting provided by the content industries; not to forget the ligitations by the same industry in the US.

Timeline

• 19/01/2009: The European Data Protection Supervisor (EDPS) released his opinion on the current state of the Telecoms Package. His views include that if nothing is done, article 6.6(a) will allow any company to collect and process traffic data from any Internet user, for an undetermined period of time.
• 27/11/2008: Council of European Union adopts political agreement on Telecoms Package without am138 ((Bono-Cohn Bendit-Roithová) nor am166 (GUE/NGL))
• 07/11/2008: European Commission amends proposal on telecoms package with am138 (Bono-Cohn Bendit-Roithová) accepted in part or subject to rewording and am166 (GUE/NGL) not accepted.
• 30/10/2008: French Senate adopts unanimously 3-strikes Law.
• 06/10/2008: Spokesperson for European Commission DG Information Society announce that the Commission rejects Sarkozy’s request to reject am 138 (Bono-Cohn Bendit-Roithová) on the Telecoms Package.
• 03/10/2008: Nicolas Sarkozy writes to the president of EU Commission, José Manuel Barroso, to reject am 138 (Bono-Cohn Bendit-Roithová) on the Telecoms Package.
• 24/09/2008: Am 138 (Bono-Cohn Bendit-Roithová) with oral amendment and am 166 (GUE/NGL) are adopted during plenary vote on the Telecoms Package.
• 24/09/2008: Rapporteur Catherine Trautmann tables an oral amendment to am 138 (Bono-Cohn Bendit-Roithová) on the Telecoms Package.
• 17/09/2008: Am 138 (Bono-Cohn Bendit-Roithová) and am 133 & am 166 (GUE/NGL) are tabled for plenary vote on the Telecoms Package.
• 02/06/2008: Amendments Bono are rejected on Cultural Committee opinion report on the Telecoms Package.
• 10/04/2008: Amendment “Bono-Rocard-Fjellner” is adopted during plenary vote on the resolution on cultural industries in Europe.

End January 2009, the EU Parliament’s committee for legal affairs voted the Medina report on Copyright. This report seems to be the initial wet dream of the content industry. It contains the complete wishlist of the entertainment industry against the Internet and its users:

1. graduated response: recommending “three strikes and you’re out” against unauthorized file sharing for all Europe, including the full cooperation with ISP’s based on denunciations by the entertainment industries;
2. Internet content filtering: asking to deploy technologies to filter content “for identification and recognition [...] with a view to distinguish more easily between legal and pirated products” which contradicts the very nature and technology of the Internet!
3. Internet access providers liability: inviting “reflection on the responsibility of Internet access providers in the fight against piracy” which would make them liable for the content posted by their users.
4. Denial of copyright exceptions: its conclusion is anticiptated by the result of the public consultation launched by the EU Commission on “Copyright in the knowledge economy” by stating that any reform of the 2001 copyright Directive is undesirable; the existing regime for copyright exceptions is undesirable and that there is no need for new exceptions. This undermines creativity, interoperability and stiffens innovation.

The wheel hasn’t stopped spinning yet! At 29 february 2009, another official second reading will start about the “Telecoms Package” in the European Parliament. At that very moment, a political agreement might be reached after ongoing opaque negotiations between the rapporteurs, the Commission and the Council. Some amendments pushed by AT&T called “network management practices” could be used to discriminate which content, services and applications users can access and use. This could be an european threat towards user’s rights, freedoms which might put Internet innovation to a halt in the current economic crisis. This all as an exclusive part for the entertainment industry; how convenient .. not?

Links:

• Commission position on am.138 adopted by the European Parliament in plenary vote on 24/09
• Copyright dogmatism ridiculously strikes the EU Parliament
• Telecoms Package @ Laquadrature.net
• Story of Anti 3 Strikes Amendments
• EU data protection authority confirms privacy threat in the “Telecoms Package”
• Who wants Net Discrimination in Europe?

[More coming soon, check this article for updates!]

update 09/03/09: Added Youtube video “Telecoms Package explained”