Tuesday, August 04, 2009

Update on amendment 138

If you were thinking things had gone strangely quiet on this front, well.. (via ORG blog)

"DG Information Society has quietly released its position on the Telecoms Package Second Reading, just as everyone is heading off for the summer holidays. No doubt Commissioner Viviane Reding was hoping no-one would see it. Why? It calls for a “compromise” text which the Council of Ministers was trying to push onto the European Parliament, which could have the effect of giving permission to governments to block access to Internet services and applications.

The so-called “compromise” is the replacement of Amendment 138 ( which seeks to protect users rights on the Internet) with an alternative which was drafted by the Council (sometimes known as the ‘fake 138′). The replacement, when considered in context with other Amendments in the Package, will seal in to the Telecoms Framework a right for governments to implement ‘measures regarding end-users’ access to or use of services and applications through electronic communications networks’.

The so-called “compromise” is positioned in Article 1 of the Framework directive, addressed to Member States. It should be read in conjunction with Amendment 1.2a of the Universal Services and Users Rights directive, which will permit broadband providers to block impose “conditions limiting access to and/or use of services and applications”. In light of T-Mobile blocking Skype, BT throttling peer-to-peer services, and Karoo, a small UK ISP cutting off users, it should now be abundantly clear what this text means. . "

Source: IpTegrity

(without prejudice - Pangloss has not seen the original text yet)