The European Digital Agenda

Pangloss has finished her marking so things may now get back to some semblance of normal:)

It's a hard time, as ever, for the hardworking EU Internet lawyer to keep on top of developments. With the proposal for reform of the DPD due for the end of 2010 (which I have been very pleased to play a small part in lately as an international expert on the Impact report) and the moves towards ACTA have been hogging the headlines, less attention has been paid to the EU's new Digital Agenda programme: but on a quick look it is chock full of goodies. Pangloss's interest fell particularly on the Trust and Security section which promises:

• in 2010 measures aiming at a reinforced and high level Network and Information Security Policy, including legislative initiatives such as a modernised European Network and Information Security Agency (ENISA), and measures allowing faster reactions in the event of cyber attacks, including a CERT for the EU institutions;
• measures, including legislative initiatives, to combat cyberattacks against information systems by 2010, and related rules on jurisdiction in cyberspace at European and international levels by 2013;
• Establish a European cybercrime platform by 2012;
• Examine the feasibility by 2011 to create a European cybercrime centre;
• Work with global stakeholders notably to strengthen global risk management in the digital and in the physical sphere and conduct internationally coordinated targeted actions against computer-based crime and securityattacks;
• Support EU-wide cyber-security preparedness exercises,from 2010;
• As part of the modernisation of the EU personal data protection regulatory framework to make it more coherent and legally certain, explore the extension of security breach notification provisions;
• Give guidance by 2011 for the implementation of new Telecoms Framework with regard to the protection of individuals' privacy and personal data;
• Support reporting points for illegal content online (hotlines) and awareness campaigns on online safety for children run at national level and enhance pan-European cooperation and sharing of best practice in this field;
• Foster multi-stakeholder dialogue and self-regulation of European and global service providers (e.g. social networking platforms, mobile communications providers), especially as regards use of their services by minors.

More than these named action items though, what is heartening is that after the usual litany of threats to the information society, of crime, spam, child protection issues, fraud and even cyber attacks, comes this:

The right to privacy and to the protection of personal data are fundamental rights in the EU which must be – also online - effectively enforced using the widest range of means: from the wide application of the principle of "Privacy by Design" in the relevant ICT technologies, to dissuasive sanctions wherever necessary.

It is good to see privacy given the same attention as security in a document of thus kind, and it's something I'll be reporting to the the CCDCOE Conference on Cyber Conflict in Tallinn next week when I speak of what law can and can't (or shouldn't) do in the fight against cyber attacks in Europe.

If you want to have your say in the Digital Agenda programme by the way, go here: the form appears to be open to all.

Wow, NOT a File Sharing Consultation..

.. and not three strikes!

Instead the EU with remarkable common sense has issued a Communication suggesting some non legislative ways to (additionally) crack down on filesharing and counterfeit sales on the Internet.

"The Commission aims to ensure a highly efficient, proportionate and predictable system of enforcement of intellectual property rights, both within and outside the internal market. The current legal framework provides the tools to enforce intellectual property rights in a fair, effective and proportionate way.

Complementing legislation, the actions in this Communication aim to:

• support enforcement through a new EU Observatory on counterfeiting and piracy which will bring together national representatives, private sector experts and consumers to work to collect data on and analyse the scope and scale of the problem, share information, promote best practices and strategies, raise awareness and propose solutions to key problems;

• foster administrative cooperation across Europe by developing coordination to ensure that more effective exchanges of information and mutual assistance can take place. As a result, Member States are called to designate National Coordinators. An electronic network for information sharing will also need to be available .

• build coalitions between stakeholders to overcome conflicts and disputes, by developing collaborative voluntary arrangements that focus on concrete problems, such as the sale of counterfeit goods over the internet, and are capable to adapt quickly to changing markets and technology. Such agreements can also be more easily extended beyond the EU and become the foundation for best practice at global level.

The Communication results from the Commission's IPR Strategy for Europe adopted last year and builds upon the recent Council Resolution on a comprehensive European anti-counterfeiting and anti-piracy plan."

Naturally, content industry unimpressed:-)

(via Michael Geist)

EDIT: Meanwhile however one asks of course, but what of the Telecoms Package and when is the conciliation process taking place, after the failure of the second reading procedure?

Helpfully , the new EDRI-gram tells us :

"Preparations are being made in the EU institutions for the expected third
reading of the Telecom Package. The timescale for the remainder of the
legislative process will be determined by the official communication of the
Council Common Positions to the Parliament. In theory, this can happen as
late as mid-October, meaning that the final agreement could happen as late
as the end of November or early December.

..The Member States can be expected to push for as much of the Common
Position as possible to be retained and to push again for the
"compromise" that was agreed with the Parliament negotiators on
Amendment 138 in the first reading (but not adopted). "

Watch this space!