Torsdag 30. mai stemte EU-parlamentet for en ny lov som vil gi
myndighetene bred tilgang til å overvåke telefon, internett og e-post, et
tiltak som kritikerne mener bryter mot det grunnleggende prinsippet om at
data som blir lagret for ett formål ikke skal bli brukt til andre formål,
og at dette er den største trusselen mot personvernet, demokratiet og
vernet mot offentlig overvåking i Europa på mange tiår.
Med 351 stemmer for, og 133 imot, gikk forslaget gjennom EU-parlamentet
etter stort press fra et knippe regjeringer, i hovedsak Storbrittania.
Vedlagt finner du informasjon om vedtaket og linker til de offisielle
dokumenter.
.../Bosse
-- Bosse Klykken | http://www.klykken.com/~bosse | PGP: 0x570ABB4E Fingerprint: 2BBA 4708 D475 A6C2 8A97 8C86 62F1 A134 570A BB4E---------- Forwarded message ---------- Date: Fri, 31 May 2002 08:12:07 -0400 From: Declan McCullagh <declan@well.com> To: politech@politechbot.com Subject: FC: European Parliament votes 351-133 for surveillance; also spam
Politech archive on data retention: http://www.politechbot.com/cgi-bin/politech.cgi?name=retention
News coverage of the vote: http://www.wired.com/news/politics/0,1283,52882,00.html http://www.guardian.co.uk/internetnews/story/0,7369,725204,00.html
The official report: http://www2.europarl.eu.int/omk/OM-Europarl?PROG=PRESS-DAILYNB&L=EN&PUBREF=-//EP//TEXT+PRESS-DAILYNB+DN-20020530-1+0+DOC+SGML+V0//EN&LEVEL=1&REFERER=X&NAV=X#SECTION4
The three documents that Ilka Schroeder mentions in the message below: http://www.politechbot.com/docs/eu.vote.retention.1.html http://www.politechbot.com/docs/eu.vote.retention.2.html http://www.politechbot.com/docs/eu.vote.retention.3.html
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Date: Fri, 31 May 2002 13:27:46 +0200 From: "Ilka Schroeder" <ischroeder@europarl.eu.int> Subject: EU Vote on Data XPXrXoXtXeXcXtXiXoXnX Retention
Dear Friends,
we have prepared a number of docs highlighting a bit the background of yesterday's vote on data protection in the EU Parliament. The first is a so-called panaché, a non-official version we prepared to see what the future directive will look like if approved by the Council. Note that the Parliament's additions are in blue, italic and bold, while Parliament's deletions are in blue and strikethrough. We have also added the numbers and authors of all amendments adopted, just to give you an idea.
The second doc is the outcome of roll calls during that same vote. In fact all roll calls were on the retention issue, with the LIBE committee's amendments 2 and 20 being against retention, and the PPE-DE / PSE amendments 46 and 47 being in favour of it. On 46, we had asked for a split vote (an attempt to disperse right-wing votes), with part one being everything but the phrase referring to data retention, and part 2 being that phrase only. As you all know, they won nevertheless. The Abbreviations mean roughly:
PPE-DE Conservatives / Christian Democrats PSE Social Democrats ELDR Liberals Verts/ALE Greens GUE/NGL Left-Wingers UEN Right-Wingers EDD Eurosceptics NI Independents
OJ Official Journal of the EU, at http://europa.eu.int/eur-lex/en/oj/index.html
The Third doc is the text of Amendments 2 and 20, voted down yesterday but included in the roll calls. If you want to know quickly who the bad guys are: They are the ones who voted against 20 and / or in favour of 46, part 2.
Take care, and cheers from Ilka Schroeder's office
Bureau Ilka Schroeder Parlement européen Tel: +32 2 284 74 49 GPG Fingerprint: 327F 22F7 6685 20B0 39C7 2762 95C7 A7E8 8B37 3F0A Come to https://www.ilka.org
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From: "Caspar Bowden" <cb@fipr.org> Subject: FIPR-Bulletin: Please distribute - petition in protest at data retention Date: Fri, 31 May 2002 12:47:18 +0100
This German website performed the valuable service of collecting 17,000 signatures in just two weeks from all over Europe protesting against blanket data retention. Although the EP vote is over, you may wish to redistribute this invitation to join the petition.
(If you would like to redistribute, I think it often works best if you add a two-line personal comment signalling that you consider the issue of some importance)
Ample background can be found at: http://www.guardian.co.uk/internetnews/story/0,7369,725204,00.html
http://www.statewatch.org/news/2002/may/10epcavein.htm
Regards -- Caspar Bowden Director, Foundation for Information Policy Research Tel: +44(0)20 7354 2333 www.fipr.org
... >*********************************************************************** >ENGLISH VERSION: > >The Presumption of Innocence is History. > >The European Parliament today passed a law that grants the EU member >states the rights to unlimited data retention and thus buried >fundamental rights of EU citizens: freedom of speech, the right to have
>privacy and the presumption of innocence. The Members of the European >Parliament ignored the expressed denial of more than 16,000 individuals
>to broad data retention as well as the collective statement of more >than 40 civic organizations, which all signed the open letter of the >GILC (Global Liberty Internet Campaign) opposing this law. > >The stop1984 team is more than disappointed about this decision, which >is contrary to every EU citizens' interests. The rights of loyal >citizens were sacrificed on the altar of "war against terrorism". So >the beneficiaries of the events of 9/11 have finally reached their >goal: to destroy freedom for the sake of a putative increase in >security. The fight against terrorism has been used by the MEPs to >erode fundamental rights in the democratic societies of the European >Union. We deeply regret this unwise decision. > >Stop1984 - and all groups supporting the new open letter - will not be >inactive when leeway, which can be abused much too easily, is given to >European countries when it comes to unlimited retention of data. > >With our new action (www.stop1984.com/index2.php?text=letter.txt) we >will address not only to the European Union Parliament but also to all >governments of Europe and notify them that we're not willing to accept >derogation of basic rights and will protest against it --- and we ask >everyone to support our protests by his signature so that the adressees
>will no longer ignore the people´s voice. > >------------------------------------------------------- > >Cedric Laurant, Policy Fellow >Electronic Privacy Information Center >1718 Connecticut Ave., N.W., Suite 200 >Washington, DC 20009 - U.S.A. >Tel: +1 (202) 483-1140 (x114) >Fax: +1 (202) 483-1248 >www.epic.org www.privacy.org
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From: Montse Doval Avendaño <mdoval@labitacora.com> To: <declan@well.com> Subject: European parliament to cave in on data retention? Date: Wed, 29 May 2002 13:49:04 +0200
Hi Declan, you may be interested
Statewatch News Online, 28 May 2002 <http://www.statewatch.org/news/index.html>
All articles include background and full-text documentation]
1. EUROPEAN PARLIAMENT TO CAVE IN ON DATA RETENTION?
The PSE/socialist group have joined the EPP/conservative group and accepted the demands of EU governments and law enforcement agencies to place communications under surveillance.
Tony Bunyan, Statewatch editor, comments:
"The EU governments already have all the powers they need under the existing Directive to combat terrorism, this measure has nothing to do with terrorism. The proposal by the EU governments is a cynical exploitation of public sentiment to introduce draconian powers to potentially place the whole population of Europe under surveillance.
It took years to agree and put in place the 1997 EU Directive on privacy in telecommunications in every member state. The right to privacy and freedom from surveillance once lost will be gone forever. Montse Doval Avendaño mdoval@labitacora.com www.labitacora.com www.desdegalicia.com God put me on earth to accomplish many things. Right now I'm so far behind that I may never die.
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Date: Thu, 30 May 2002 13:16:54 -0500 From: Victoria Clarke <Victoria@Clarkes.net> To: Declan McCullagh <declan@well.com> Subject: EU to Require Opt-In for Commercial Email
Hi Declan, Thanks for a great list and keeping me informed.
The politech readers may be interested in the following. I got it from a recent post on SlashDot, http://yro.slashdot.org/yro/02/05/30/1640210.shtml?tid=111, and the Parliament's daily notebook has an overview.
Have a good day, Victoria -------------------------- Posted by michael on Thursday May 30, @12:41PM from the all-things-dull-and-ugly dept. D4C5CE writes "EuroCAUCE (Usenet message below) and Heise (in German) report that the European Parliament has voted to ban spam by adopting the "opt-in" system for unsolicited commercial email, finally freeing the way for the entry into force of a "European Parliament and Council directive concerning the processing of personal data and the protection of privacy in the electronic communications sector". The news of the parliamentary U-turn comes after a recommendation by the "Committee on Citizens' Freedoms and Rights, Justice and Home Affairs" to permit "opt-out" marketing had received critical coverage, causing countless spam victims world-wide to alert the Members of the European Parliament to the big mistake they were about to make, and it is hoped to become the useful precedent of a workable approach for US lawmakers currently evaluating means to regulate spam as well." The Parliament's daily notebook has an overview. Individual EU countries still have to implement this with legislation before it is effective.
From: Beebit <beebit-u03@euro.cauce.org> Newsgroups: news.admin.net-abuse.email, talk.politics.european-union Subject: European Parliament Supports 'Opt-In' for Commercial Email Date: Thu, 30 May 2002 13:08:11 +0200
The European Parliament has decided to accept the Council's Common Position which would require senders of advertisements by "electronic mail" to have the recipient's prior consent. "Electronic mail" is defined broadly enough so as to include text messaging systems based on mobile telephony in addition to email.
The 'opt-in' requirement for electronic mail will be in Article 13, Paragraph 1 of the new Directive concerning the processing of personal data and the protection of privacy in the electronic communications sector which will enter into force following its publication in the Official Journal. The Directive will guide the enactment of legislation throughout the European Economic Area, which includes the 15 EU Member States and European Free Trade Association members Norway, Iceland, and Liechtenstein. EU Members Austria, Denmark, Finland, Germany, Greece, and Italy as well as EFTA member Norway had already implemented 'opt-in' in their national legislation.
Further provisions in the same Article would allow companies to send advertising via email for their own products or services of a similar category to addresses which they had obtained in the course of a sale, unless and until the customer has registered an objection. Customers are to be given the opportunity to object "free of charge and in an easy manner" both at the time the contact details are collected and with each advertising message.
All in all, is an extremely welcome development, and should serve as an example and inspiration for legislators in other territories. We are absolutely delighted to see Parliament joining the Commission and the Council in taking a stand to protect European consumers and network users. It only remains to extend similar protection to corporate citizens. This will probably have to be within the framework of other legislation than that pertaining to the processing of "personal data".
~~~~ The European Coalition Against Unsolicited Commercial Email is an all-volunteer, ad-hoc grouping of Internet users and professionals dedicated to bringing about an end to an unethical practice by technical and legislative means. http://www.euro.cauce.org/en/
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From: Montse Doval Avendaño <mdoval@labitacora.com> To: <declan@well.com> Subject: Fw: [MakyPress] 568 - 30/05/2002 Date: Thu, 30 May 2002 21:51:06 +0200 Organization: BCSC
Hi Declan, I forward to you an e mail from Makypress (a daily newsletter with tech and Internet news) It's about the same law I sent you yesterday in an email. It might be interesting for Politech readers. Regards, Montse
| Subject: URGENT/IMPORTANT- PRESS RELEASE BY MARCO CAPPATO | Date: Thu, 30 May 2002 14:11:53 +0200 | From: "Marco Cappato" <Mcappato@europarl.eu.int> | To: undisclosed-recipients:;
EP/PRIVACY: POPULAR AND SOCIALIST GROUPS DETERMINE EP ENDORSEMENT OF COUNCIL REQUESTS FOR DATA RETENTION AUTHORISATION IN EU LAW, AGAINST CIVIL LIBERTIES ORGANISATIONS APPEALS - THE FIGHT AGAINST DATA RETENTION GOES ON AT THE NATIONAL AND EUROPEAN LEVEL
Brussels, 30 May 2002
Declaration of Marco Cappato, Radical MEP of the Lista Bonino and EP rapporteur on the directive on privacy in electronic communications:
"With the vote of today, the directive on privacy in electronic communications can be correctly defined the directive of data retention and of iper-regulation of the Internet. The EP first reading position, as confirmed by the civil liberties committee in second reading, have been completely reversed in plenary, convincing me to withdraw my name from the report, as I announced in plenary after the vote. PPE and PSE have approved the set of amendments they had tabled together - with the opposition of the rapporteur and of my Radical colleagues, the Liberals, the Greens and the Communists - and that determined the EP surrender to the Council requests for iper-regulation of the Internet and for data retention. On this issue, from now on Member states of the EU have an explicit authorisation in this EU directive to impose on telecom and Internet service providers the retention and storing of all citizens' communication datas, such as telephone and mobile calls, Internet surfing, emails, location datas. The requests of the almost 17 thousand citizens that had signed a open letter-appeal on line (http://www.stop1985.com and http://www.radicalparty.com) to ask to MEPs to vote against the insertion of this "data retention" provision, have been ignored. Mme Ana Palacio - Spanish PPE, that worked hard to sponsor the Spanish Council Presidency requests in the EP, and to have the committee position she chairs completely reversed in plenary, furthermore being absent yesterday and today either during EP debates and votes - and Mme Paciotti - PSE shadow rapporteur, that did a remarkable U turn on data retention, passing from opposition to endorsement - took the political responsibility of driving their EPP and PSE colleagues for this vote. Belgium, Holland, Germany, the UK are working on data retention laws that could make possible the generalised, massive surveillance of the citizens, and efforts to co-ordinate and establish a Europewide regime of data retention are taking place in the Council and in Europol. The fight on the protection of privacy now has to go on at the national and European level, to protect civil liberties and foundamental freedoms from measures that with the declared and apparent aim of fighting against terrorism to protect democracy, have the effect of damaging it.
--------- You can see who voted how on amendment 20 (Cappato report - LIBE amendment on deletion of data retention) and on the split vote asked by Marco Cappato and the GUE, Green and ELDR groups on Palacio-Paciotti amendment 46, 2nd part (data retention) on the webpage of the EP:
http://www.europarl.eu.int/direct/application/fr/vote/ResultatsVotes.asp or http://www3.europarl.eu.int/omk/omnsapir.so/calendar?APP=PV1&LANGUE=EN
Escrito por ErZoto (para MakyPress) <mailto:tarifaplana@mienten.com>
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