The European Commission announced today radical plans to overhaul copyright. The proposals focus on users’ability to legally access copyrighted content across borders, and they are understood to have upset the entertainment and music industries. This is not surprising since the changes will cut right through their copyright-supported distribution infrastructure.
The main plank for change will be the territoriality of copyright. Territoriality refers to the way that the entertainment industries are organised around national borders for the granting of rights and the distribution and sale of goods. On the Internet, this system is managed by asking intermediaries to block content that is not
Widely leaked since before Xmas. The biggest open secret in Brussels. What are we to make of the new EU plans for the Internet, presented today as the Digital Single Market policy? An analysis exposes a few hidden issues.
Today the European Union announced a wide ranging plan to tackle the Internet. Top of its action list is a phenomenon that is becoming known as
This year is the 800th anniversary of Magna Carta, the Great Charter that established the right to a fair trial and put an end to arbitrary justice in private hands. What, you may ask, does this have to do with technology policy for the 21st century? It’s a strange twist of fate that this year, in Britain, we face calls for private companies to take on the role of (secret) police-man, judge and censor all wrapped up in one.
After much anticipation, the EU Council of Ministers released its net neutrality mandate last week. The announcement follows some highly political back-room wrangling, which has resulted in a text – seen by Iptegrity - that creates some very murky waters around Internet fast lanes, filtering and specialised services. The Council now goes into the so-called ‘trilogue’ talks with the European Parliament, and the prospect of a political battle looms.
Yesterday’s net neutrality announcement by the FCC was a Red Letter day for Internet freedom in the US. How will the European Union react ?
The United States telecoms regulator, the Federal Communications Commission, yesterday confirmed its policy direction in favour of net neutrality. It has ordered that broadband providers are to come under the common carriage regulation, which means they must neither prevent nor favour traffic, but take all on an equal basis. The FCC’s message is simple and clear: no blocking, no throttling, no fast lanes. The rule applies equally to mobile and fixed network providers. Meanwhile, in the deep, non-enlightened corridors of Brussels, the EU is threatening measures that would embed exactly
Following the astonishing decision last week by the US Federal Communications Commission on protecting the open Internet - no blocking, no fast lanes, no throttling - the European Parliament today begins the political defence of net neutrality on this side of the Atlantic. At around midday today, the Parliament will take a
Opt-outs for self-regulatory filtering and FacebookZero plans? Is this really net neutrality?
The Council of Ministers is to focus on net neutrality and roaming and throw out the remaining provisions in the EU Telecoms Regulation. It’s aiming for an agreement by March, so that it can open negotiations with the European Parliament. Unfortunately for those who may be hoping for a net neutrality law in Europe, the discussions are going the wrong way, with a number of get-outs being proposed to help those governments that want to permit their Internet providers to block, filter or favour.
UK Prime Minister David Cameron has said he will put communications data at the top of his list for new laws after the May 7 general election. Assuming he is re-elected, he wants to extend the range of data that would be legally accessible to the police and intelligence services, on a scale thus far unprecedented. His proposals, justified on the basis of an increased terror threat, will also up the ante in terms of the technology companies that will be obligated to comply. The concern is that Mr Cameron’s implied multi-dimensional data retention requirement will also create an apparatus that, without sufficient safeguards and in the wrong hands, will result in a vastly disproportionate, over-arching and unacceptable violation of personal privacy.
I was delighted to be a panelist at the annual conference in Brussels of the European Competitive Telecommunications Association (ECTA) on Wednesday 19 November 2014.
The panel was entitled "What's next for copyright?" and panelists were asked to address European Union copyright policy moving forward into 2015, with a focus on the issue of cross-border availability of content.
As we are now at the beginning of the new year, and in eager anticipation of the European Commission's moves on copyright, the following text is an edited version of my speech:
In the 800th anniversary year of Magna Carta, what of our free speech rights?
As we begin 2015, let’s remind ourselves that this year is the 800th anniversary of Magna Carta – the Great Charter that first established rights and on which later charters of human rights have been built. In 2015, we are seeing more and more threats to those hard won rights by various interest groups (corporate and non-corporate) who want to block and take control of our communications systems that have been established over the Internet in the past two decades or so. It does look like 2015 is going to be critical year for the protection of those rights.
Who would knowingly request the invasion of their privacy and violation of their free speech rights?
There are rumours that the Council of Ministers of the European Union is reviewing its proposal on net neutrality that leaked recently. However, there seem to be many observers who are puzzled by one piece of language in the proposal. That is the phrase "except where specifically requested by an end-user". Why would the EU Council would consider an individual ‘requesting’ traffic management as an exception to a net neutrality rule? I put forward one possible answer.
The Council of Ministers is sharply divided over the net neutrality provisions in the new Telecoms Regulation. The split within the Council emerged today in a meeting of the Telecoms Council, where all 28 EU member governments gave their view on the Council’s new proposals for net neutrality. Broadly, the positions line up with the Dutch and Slovenians who are not happy with the Council’s text, and (sadly) the Brits at the diametrically opposite position, who support it.