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Az EU ma közzétette az ACTA tervezett szövegét / EU released the draft of ACTA today: trade.ec.europa.eu/doclib/docs/2010/april/tradoc_146029.pdf

laquadrature.net/en/acta-partial-transparency-isnt-legitimacy

Vö. / Cf.:

nyissz.hu/blog/acta-a-global-threat-to-freedoms-open-letter/

nyissz.hu/blog/ep-resolution-on-transparency-of-acta-negotiations/

[663 in favour and 13 against]

“The European Parliament,

[...]

1. Points out that since 1 December 2009 the Commission has had a legal obligation to inform Parliament immediately and fully at all stages of international negotiations;

2. Expresses its concern over the lack of a transparent process in the conduct of the ACTA negotiations, a state of affairs at odds with the letter and spirit of the TFEU; is deeply concerned that no legal base was established before the start of the ACTA negotiations and that parliamentary approval for the negotiating mandate was not sought;

3. Calls on the Commission and the Council to grant public and parliamentary access to ACTA negotiation texts and summaries, in accordance with the Treaty and with Regulation 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents;

4. Calls on the Commission and the Council to engage proactively with ACTA negotiation partners to rule out any further negotiations which are confidential as a matter of course and to inform Parliament fully and in a timely manner about its initiatives in this regard; expects the Commission to make proposals prior to the next negotiation round in New Zealand in April 2010, to demand that the issue of transparency is put on the agenda of that meeting and to refer the outcome of the negotiation round to Parliament immediately following its conclusion;

5. Stresses that, unless Parliament is immediately and fully informed at all stages of the negotiations, it reserves its right to take suitable action, including bringing a case before the Court of Justice in order to safeguard its prerogatives;

6. Calls on the Commission to conduct an impact assessment of the implementation of ACTA with regard to fundamental rights and data protection, ongoing EU efforts to harmonise IPR enforcement measures, and e-commerce, prior to any EU agreement on a consolidated ACTA treaty text, and to consult with Parliament in a timely manner about the results of the assessment;

7. Welcomes affirmations by the Commission that any ACTA agreement will be limited to the enforcement of existing IPRs, with no prejudice for the development of substantive IP law in the European Union;

8. Calls on the Commission to continue the negotiations on ACTA in order to improve the effectiveness of the IPR enforcement system against counterfeiting;

9. Urges the Commission to ensure that the enforcement of ACTA provisions – especially those on copyright enforcement procedures in the digital environment – are fully in line with the acquis communautaire; demands that no personal searches will be conducted at EU borders and requests full clarification of any clauses that would allow for warrantless searches and confiscation of information storage devices such as laptops, cell phones and MP3 players by border and customs authorities;

10. Considers that in order to respect fundamental rights, such as the right to freedom of expression and the right to privacy, while fully observing the principle of subsidiarity, the proposed agreement should not make it possible for any so-called ‘three-strikes’ procedures to be imposed, in full accordance with Parliament’s decision on Article 1.1b in the (amending) Directive 2009/140/EC calling for the insertion of a new paragraph 3(a) in Article 1 of Directive 2002/21/EC on the matter of the ‘three strikes’ policy;

11. Emphasises that privacy and data protection are core values of the European Union, recognised in Article 8 ECHR and Articles 7 and 8 of the EU Charter of Fundamental Rights, which must be respected in all the policies and rules adopted by the EU pursuant to Article 16 of the TFEU;

12. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the states party to the ACTA negotiations.”

http://www.europarl.europa.eu/sides/getDoc.do?type=PV&reference=20100310&secondRef=ITEM-007-07&language=EN&ring=P7-RC-2010-0154

Background: http://www.laquadrature.net/en/acta-a-global-threat-to-freedoms-open-letter via http://nyissz.hu/blog/acta-a-global-threat-to-freedoms-open-letter/

Hungarian Parliament has made the use of open standards mandatory by law in the intercommunication between public administration offices, public utility companies, citizens and voluntarily joining private companies, conducted via the central governmental system.

This week the Hungarian Parliament amended Act LX of 2009 on electronic public services. Below is a summary in 10 points of the amendment that makes the use of open standards mandatory.

Definitions:

Central system: the ‘nervous system’ of information and communication, operated by a company appointed by the Government.

Central system users: entities using the central system on a statutory or voluntary basis, including public administration offices, public utility companies, other companies and individuals and the IT systems thereof.

Portals: The central system can be accessed via portals (interfaces).

1. The good properties of portals (interfaces), listed below, will hereafter be set out by law.

What are the benefits?

However well the properties of the portals are defined, unless they are guaranteed by law, they will fail to deliver results in the long run.

2. The portals are standard, like wall sockets

What are the benefits?

Any device using a standard plug can be connected to the electric power supply by means of a wall socket. Connecting a television set or a refrigerator to the mains does not require the expertise of an electrician. And if the refrigerator is unplugged and a television plugged in instead, the television will work, too.

Similarly, the two types of portal set out by Hungarian legislation (the administrative portal and the client portal serving individual users) will function as statutory standard ‘sockets’ in intercommunication between computers.

3. ‘Information sockets’ can be used to connect computers

What are the benefits?

We no longer need to download information concerning us ‘manually’ one by one through the information ‘sockets’; instead, we can use software to do it for us automatically. Through the sockets the central system can operate seamlessly with the other IT and communication systems.

Consequently, we do not necessarily have to use the interface of the central system; we can access information concerning us with the help of user-friendly applications.

4. The standards governing connection to the sockets are public

Anybody can set up an information socket: the specifications of the portals of the central system are public, anybody can access them free of charge.

What are the benefits?

What this means is that they do not have to be connected to the central system, but rather, anybody can set up standard sockets enabling others to connect to their system.

By means of the sockets, not only can the central system operate seamlessly with the other IT and communication systems, but also these systems with each other.

Also, it supports the development of connections vertical (between the central system and other systems) and horizontal (other systems among each other). This dilutes the centralised role of the central system.

Nevertheless, there is much yet to be done to have the specifications of sockets established in the future more by means of a public process rather than exclusively by the government.

5. Public-benefit and royalty-free sockets

The sockets can not only be known publicly, but also used royalty-free and without any other restriction. Nobody can charge fees for the use of the socket standards.

Accordingly, by means of the sockets, IT and communication systems can operate together seamlessly – technically and financially.

What are the benefits?

It is public knowledge that setting up standards and subjecting their use to the fulfilment of conditions is a big earner.

This would be an opportunity the company appointed by the Government to operate the central system could theoretically take by persuading the Government to charge fees for the use of the sockets.

However, this opportunity has been excluded by the amendment.

6. The sockets are free of charge

The law explicitly states that no fees may be charged for the use of the sockets (that is, the system interfaces of the administrative and client portals).

What are the benefits?

It creates an unambiguous situation.

7. Sockets are competition-neutral and consequently allow for real interoperability

Sockets can be used regardless of whether the IT systems of interconnecting organisations and individuals use

open-source software (that is, one whose code is publicly knowable and useable) or

closed-source software (that is, one whose code remains private property).

Provided they use these sockets, the IT systems of connecting organisations and individual users will be able to communicate not only with the central system, but – regardless of the operation system they use – with each other, making them interoperable.

This contributes to real competition between open source and closed source software.

8. The open-standard socket has been included in Hungarian legislation.

The open-standard ‘socket’, as described above has been defined and included in Hungarian legislation under the term of ‘portal complying with the requirements of benefiting the public’.

What are the benefits?

It can be quoted in other contexts (e.g. in other legislation).

9. Already it can be used to enhance, for example, the data protection and privacy of citizens

Using the central system does not necessarily require the use of the interface of the central system: provided data protection requirements (applicable to all entities involved) are met, anybody can create user-friendly applications to enhance the flow of information between citizens and the central system.

What are the benefits?

For example, applications can be created to help the citizens, free of charge and in a user-friendly way, in finding out all the information and documents concerning them, held by public administration offices – as well as by public utility companies and, in general, the central system and all of its users.

10. It can be the basis for further co-operation

The Open Standards Alliance (http://nyissz.hu) initiating the amendment aims to promote the spread of monopoly-free markets that foster the development of interchangeable and interoperable products generated by open standards, and, consequently, broad competition markets.

To that end, the Alliance will co-operate with the government, provided their aims coincide. In the near future,

it wishes to render more transparent the process of granting benefits and allowances to citizens through the existing 93 channels – for the benefit of taxpayers, beneficiaries and the government. The first step in that direction was the open-standard amendment outlined above. In an effort to keep heading in the right direction, the Alliance will initiate collaboration between representatives of local governments, public utility companies, consumer protection bodies and the government.

in spite of EU tendencies the Alliance seeks to make its approach – interoperability based on publicly defined open standards – the EU norm under the Hungarian presidency of the European Union in 2011. To that end, it will promote public collaboration – possibly between every interested party, civil and political organisation in the European Union.

Paris, December 10th 2009 – A worldwide coalition of Non-Governmental Organizations, consumers unions and online service providers associations publish an open letter to the European institutions regarding the Anti-Counterfeiting Trade Agreement (ACTA) currently under negotiation. They call on the European Parliament and the EU negotiators to oppose any provision into the multilateral agreement that would undermine the fundamental rights and freedoms of citizens in Europe and across the world.

By December 17th, 2009, European negotiators will submit their position regarding the proposal put forward by the U.S Trade Representative for the Internet chapter of the ACTA. It is now time for the European Union to firmly oppose the dangerous measures secretly being negotiated. They cover not only “three strikes” schemes, but also include Internet service providers liability that would result in Internet filtering, and dispositions undermining interoperability and usability of digitial music and films.

The first signatories of the open letter include: Consumers International (world federation of 220 consumer groups in 115 countries), EDRi (27 European civil rights and privacy NGOs), the Free Software Foundation (FSF), the Electronic Frontier Foundation (EFF), ASIC (French trade association for web2.0 companies), and civil liberties organizations from all around Europe (9 Member States so far…). The letter is open for signature by other organizations.

ACTA: A Global Threat to Freedoms

open letter

The Anti-Counterfeiting Trade Agreement (ACTA) is a broad intergovernmental agreement under negotiation ranging from the key social issue of access to medicine[1] to criminal Internet regulation. We fear it could seriously hinder European innovation in the digital single market while undermining fundamental rights and democracy at large.

The negotiation process itself raises important questions of transparency and due democratic process, given that the content of the draft agreement has been kept secret for more than 18 months, although some details about the proposals recently leaked to the public. More worrying still, while the European Parliament has been denied access to the documents, US industry has been granted access to them, albeit only after signing non-disclosure agreements.

A recent analysis by the European Commission of the ACTA Internet chapter[2] proves that the topics under discussion go far beyond the current body of EU law. Most importantly, the Commission’s analysis confirms that the current draft of ACTA would profoundly restrict the fundamental rights and freedoms of European citizens, most notably the freedom of expression and communication privacy. These are very much at risk, since the current draft pushes for the implementation of three-strikes schemes and content filtering policies by seeking to impose civil and criminal liability on technical intermediaries such as internet service providers. The text would also radically erode the exercise of interoperability that is essential for both consumer rights and competitiveness.

Consequently, we urge the Parliament to call on European negotiators to establish transparency in the negotiation process and publish the draft agreement, and not to accept any proposal which would undermine citizens’ rights and freedoms. Furthermore, we urge the Parliament to make an unequivocal statement to the Commission and Council that any agreement which does not respect these core principles would force the Parliament to reject the entire text.

[1] See: http://www.oxfam.org/en/pressroom/pressrelease/2009-07-15/criminalize-generic-medicines-hurt-poor-countries

[2] See: http://sharemydoc.org/files/philip/ec_analysis_of_acta_internet_chapter.pdf

The first signatories of this letter are (in alphabetical order):

AK DATEN E.V. – Germany
AK DATEN is a NGO focussed on civil rights, especially on informational self-determination, privacy and freedom of information. We’re co-founder of the “Friedrich Schüler Library and Archive for the european civil rights movement”.

April – France
April is the main French advocacy association devoted to promote and protect Free/Libre Software

ASIC – France
L’Association des Services Internet Communautaires is a trade association for web2.0 companies in France

Asociación de Internautas – Spain
Association working for the rights of electronic communications users.

Bits of Freedom – The Netherlands
Bits of Freedom defends digital civil rights, such as privacy on the Internet and online freedom of speech.

Chaos Computer Club (CCC) – Germany
Europe’s largest hacker group, founded in 1981.

Constant vzw – Belgium
Association for arts and media

Consumers International – International
Consumers International (CI) is the only independent global campaigning voice for consumers. With over 220 member organisations in 115 countries, we are building a powerful international consumer movement to help protect and empower consumers everywhere.

dyne.org – Intenational
Since 2000 dyne hosts an atelier for digital artisans. We design software and ideas for the arts, sharing a grassroot access to technology, education and freedom.

EDRi – Europe
European Digital Rights defends civil rights in the information society

Electronic Frontier Finland – Finland
Electronic Frontier Finland has been set up to defend the citizens’ electronic rights.

Electronic Frontier Foundation – International
EFF is the leading civil liberties group defending your rights in the digital world.

Exgae – Spain
La primera asesoría legal especializada en librar a los ciudadanos de los abusos de las entidades de gestión y de la industría cultural. 24 identidades, entre asociaciones y ciudadanos, están detrás de esta iniciativa que comienza respaldada por casi 8000 personas.

Framasoft – France
Endorsed by a network of cooperative websites, Framasoft’s goal is the dissemination and the promotion of the Free culture in general and of Free softwares specifically. Framasoft is an open door for the larger audience toward an assisted discovery of the “Free software world” : Free software and it’s frame of mind, the Free culture and also digital liberties.

Free Knowledge Institute – Europe
The Free Knowledge Institute (FKI) is a non-profit organisation that fosters the free exchange of knowledge in all areas of society.

Free Software Foundation – International
The Free Software Foundation (FSF) is a donor supported charity founded in 1985 and based in Boston, MA, USA. The FSF has a worldwide mission to promote computer user freedom and to defend the rights of all free software users.

French Data Network – France
FDN is the oldest Internet access provider in France. It is a non-profit, volunteer-based organization.

Gleducar – Argentina
NGO that promotes freedom in education and access to knowledge supporting Free Technologies and distributed networks

Hacktivistas – Spain
An open technology enthusiasts collective focusing on free culture, free society and privacy.

International Association of IT Lawyers – Denmark
IAITL is an international association constituted primarily of lawyers and legal practitioners who have an interest in Information Technology law. It seeks to promote study and research in Computer Law through international conferences, networking, publication of member’s research works, job announcements and the provision of Internet resources.

Knowledge Ecology International – International
Attending and mending the knowledge ecosystem

La Quadrature du Net – France
La Quadrature du Net is a citizen group informing about legislative projects menacing civil liberties as well as economic and social development in the digital age.

netzpolitik.org – Germany
netzpolitik.org is a blog and campaigning-plaatform for digital rights.

Open Rights Group – United Kingdom
The Open Rights Group exists to preserve and promote UK and EU citizens rights in the digital age.

Open Standards Alliance – Hungary
The Open Standards Alliance is a broad coalition of industry, public service, government, research organizations and private individuals focused on establishing fair and open markets predominantly in the Hungarian governmental and public service sectors.

Opendata Network – Germany
German based NGO to promote open access, open data, open government, transparency and participation.

OW2 Consortium – International
OW2 is an independent industry consortium dedicated to developing open source code infrastructure (middleware and generic applications) and to fostering a vibrant community and business ecosystem. OW2 federates more than one hundred organizations and 6000 IT Professionals in Europe, Asia and the Americas.

Scambio Etico – Italy
A grassroots movement to defend citizens’ rights on the Internet, promote access to knowledge and preserve Net Neutrality.

The Julia Group (Juliagruppen) – Sweden
The Julia group is a non profit organisation working for a free and open internet.

The WeReBuild clusters – Europe
We Rebuild is a decentralized cluster of net activists who have joined forces to collaborate on issues concerning access to a free Internet without intrusive surveillance.

U.S. PIRG – USA
U.S. PIRG, the federation of state Public Interest Research Groups (PIRGs), stands up to powerful special interests on behalf of the American public, working to win concrete results for our health and our well-being. With a strong network of researchers, advocates, organizers and students in state capitols across the country, we take on the special interests on issues, such as product safety,political corruption, prescription drugs and voting rights,where these interests stand in the way of reform and progress.

Cf.: http://www.laquadrature.net/en/acta-a-global-threat-to-freedoms-open-letter