A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms   Due August 2013.

Iptegrity understands that there is a draft directive on notice and action in existence. It will affect anyone providing  or using web hosting facililities, search engines and  social media.  It is currently making its way around the inter-stitial processes in the European Commission. That means it is being passed around for comment to the different units that have an interest in it.  From what I understand, the draft directive is

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She’s more like Miss Jean Brodie than the Iron Lady. Yet the European Commissioner for Digital Agenda, ‘Steelie’ Neelie Kroes,  lived up to her nickname  last week when she  ripped up a prepared speech on the telecoms single market. Instead,  she gave the strongest sign yet that the European Commission could choose to guarantee  net neutrality.  What is going on? Iptegrity has had sight of her binned speech.

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Her spinmeisters are doing their best to create an upbeat image for Commissioner Kroes.  But  even if she is endowed with all of Hogwarts’ magic, net neutrality will be tough  trick to pull off.

 Neelie Kroes, the European Commissioner for the Digital Agenda, dropped a surprise when she spoke to the European Parliament this week. Mrs Kroes, who is nickneamed Steelie Neelie,  might as well have dropped a bomb. She indicated that the  European Commission  will propose a guarantee for  net neutrality  in legislation  forthcoming later this year.

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The European Commission is struggling over a move to formalise the process for taking down web content.  This is the so-called ‘Notice and Action’, set out in the review of the IPR Enforcement directive (IPRED). It’s a highly controversial measure and post-ACTA the Commission is playing its own internal game of chicken in terms of how to move forward. From what can be ascertained, there is a directive on Notice and Action  has been prepared,  but internal wrangling is causing it to stall. 

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The European Parliament has today established its position on the EU-US Trade agreement. In the post-ACTA environment,  its stance on copyright is  waivering, as is the issue of transparency in the negotiations. But, unlike ACTA, TTIP is a broadly-scoped agreement, and the copyright industries  are the subject of a quite different controversy – the so-called cultural exception.  Moreover, another telecoms issue appears to have been entirely ignored.

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But what of intermediary liability? Iptegrity has examined the Lescure report.

The French government, led by the Socialist President Hollande, is to partially reverse the controversial 3-strikes (graduated response)  law and re-modelling it in what government hopes will be a more user-friendly format. France  is also bringing in a range of new measures that are intended appease the copyright industries. Among them is a proposal to tax devices such as smartphones and tablets. Whilst these measures will grab the headlines, there are other proposals lurking beneath the surface that are less clear, for example, the French government’s approach to intermediary iability in this context.

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 The European Commission  has confirmed that is is looking at a  Europe-wide approach to intellectual property enforcement on the Internet. In light of its  ACTA defeat, the Commission  is being deliberately ambiguous as to the nature of the measures under consideration. But could it mean pan-European web blocks?

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Loathe her or love her,  Margaret Thatcher’s telecoms policies have strongly influenced the structure of  European Union policy.  But how far did they  pave the way for Internet communications?

 As we learn of the death of Baroness Thatcher yesterday, it is worth reflecting on the ways in which her policies have shaped the telecoms industry that we have today.  She was politician who prompted very mixed and divided reactions, and her policies were not always welcomed or liked. And it is so with her  telecoms policies.

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A June deadline is looming for the EU Council of Ministers to give its blessing to  a mandate for EU –US trade talks. That’s when European Trade Commissioner Karel De Gucht would like to have it settled. The issue that may delay the mandate  is what to do about support for the European film industries. It's  an issue that splits the  Commission internally. The elephant in the room is copyright and IPR. Both issues lead to Hollywood.

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 In the political battle over the European Data Protection Regulation, a vibrant front is emerging around the issue of profiling – the automated montoring of users Internet browsing habits.  What’s  at stake is whether or not profiling should come under the auspices of the regulator and what  level of regulatory control is appropriate. One argument concerns  whether or not data that has been processed under a “pseudonym” is  addressed by the regulations.  On this point, the European Data Protection Supervisor  has weighed in.

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For those who missed it, the European Commission consultation on IPR enforcment (IPRED directive) closed yesterday.  It’s a very odd closing date, being Easter Sunday and a public holiday throughout the EU, and also being the day before April Fools day.  Does it make you suspicious? One quick glance at the IPRED consultation questionnaire should tell you – it  is  seriously problematic. 

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The Copyright Enforcement Enigma

Internet politics and the Telecoms Package

'...a must read for those interested in knowing in depth about copyright enforcement and Internet.' -Journal of Intellectual Property Rights.  

'accurate and absorbing account of the story of the Telecoms Package' -Journal of International Commercial Law and Technology

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Go to   Amazon

Copyright Enforcement Enigma launch, March 2012

European Parliament launch for Copyright Enforcement Enigma

Focus on ACTA

About Iptegrity.com

Iptegrity.com is the website of Dr Monica Horten,  independent policy writer and Visiting Fellow at the London School of Economics & Political Science. She was shortlisted for The Guardian Open Internet Poll 2012. Iptegrity  offers expert insights into Internet policy. Iptegrity is read by lawyers, academics, policy-makers and citizens, and cited in the media. Please acknowledge Iptegrity when you cite or link.  For more, see IP politics with integrity

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