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Net neutrality and threats to fundamental rights in europe

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questions posterity Jeremy thank you very much money companies this very precise um state of the the you communicational if there there's some further questions of will the thing that can be directed to you as well and I will try to you can talk to you about the current state of the play and the upcoming fights in those issues I'm journey to a man and a cofounder and spokesperson for the quadratic ineq doesn't work and the College of unit is a kind of uh citizen toolbox providing tools for everyone to understand the legislative process when it threatens of fundamental freedoms on the internet and tools for everybody to participate into the public debate so we've been active in France was the notorious other 3 strikes in the EU was the telecoms package and some other legislative and non-legislative projects and you will understand that uh was this presentation that we're right with many features you can all participate with an and 1 thing I really really want to show you is a trophic we earned in the French had appealed battle the 3 strikes legislation in we we want this and put it on top of the fireplace next to the text demise head of former Minister of Culture Christian then it's a decision by by the Constitutional Court the highest jurisdiction in France and it supposed to say
yes it's a article 11 of the Declaration of the Rights of Man and the Citizen of 17 89 pro claims the free communication of ideas and opinions is 1 of the most precious rights of man everything is in May this speak write and publish freely except when such freedom is using cases determined by law this is freedom of speech in the current state of the means of communication and given the generalized development of public online communication services this is the Internet and the importance of the latter for the participation in democratic and the expression of ideas and opinions this right implies freedom to access such services so this is an answer to your question answer and it's these leisurely the highest court of a small country name France that links freedom of expression and communication which is essential for democratic participation to the access to the internet you when I We all know this to the we blog we tweets we use the internet to the very interesting participatory stuff but it is now up to the legislature to people
right below 1 rule societies to understand it so when I say this is a profit it literally means that's we the people by complaining really hard we can get to reach up to the highest institutions and make them understand all points so I do share the pessimism of money down on some aspect of the telecoms package but on the political side of this fight I think that there is a lot to play and a lot to win on the positive aspects of the telecoms package I will show you in a very minute but there is this whole question you see the the sentence this right freedom of expression implies freedom to access such services the question we have to ask now is what is the freedom to access such services what is the freedom to access to the internet and what is this internet anyway well parts of that reply came in the telecoms package itself it's
article 8 . 4 . g of the framework directive and this is the the role of the national regulation operators is a national regulation authorities so promote the interests of the citizens of the European Union by enjoy blah-blah-blah promoting the ability of end users misses us to access and distribute information or run applications and services of their choice this is you might argue this is kind weak because promoting the ability is not that stronger the word but being able to access and distribute information or on applications and services of all choices is the freedom to access to the internet we can call this network neutrality it's a very basic property of the network that makes the least common denominator very simple rules so everybody can interconnect and participate this is a very role that makes that there is only 1 internet for everyone and that everyone can participate in this internet this is what we cherish and love this is the internet so and I kind knowing this if you're in China and you don't have the freedom to access some information or distribute some information of your choice then this is not the internet this is the change in that so there's a if your on mobile network whatever freudian sums so called mobile internet well if your contract sales all we will not use voice right in this the thing you will not use the hero whatever and newsgroups well this is not ancient this is orange net Vodaphone that whatever that most of it may be inter connected to the internet but this is not the the internet so the question we have to face now yes who has an interest into turning the Internet into a whatever else not and how are they doing it and what can we do about it so we try to we will try to seek answers to those so you might have seen
this image from modern joke before um thank you very much to explain what the operators themselves might be tempted to do with the Internet all you see it's very cheap and so convenient for people who don't have enough money and think of the all the old people would would overwhelm the Torrance and so on you get basic package is 29 99 any that this ABC you also LC-MS sentence and so on so you we can be happy about it but if you're not happy about it think they 239 which is a reasonable price and you get the Wikipedia's at uh trial if this fundamentally stability things you know that the Google and Yahoo and if you buy some more different 49 you get that the blogger you tube and you can publish stuff and you see defined Princeton about them full Internet access available on request please in always have to redefine friends you know so this sounds a bit like science fiction but as I told you on the mobile phone internet access in the market today such restrictions but like not as clear with this site is block it's more subtle on some of the the most of the French subscriptions I think is the only get unlimited internet access but only 10 megabyte of e-mail and after World Speech megabyte of e-mail you know exactly what so 1 megabyte of e-mail is not equal to 1 megabyte of you the funny thing is if you access your e-mails from Gmail they will never know it's e-mail but that's another and as a taking and incentive for restricting Internet access in order to create new business models you may think it's just dumb you would be right you may think it's also dangerous than you would be right again but if we think about it on a on a more global scale it can have an impact on the very rules of this whole common infrastructure we call the Internet and I will explain why it just after set of this yeah did very sort the business model and investment model of Internet operators so far as being to look at those very nice graphs some of you might know and mounted union such thing so you see what your users that are doing on the statistical perspective and you see that will soon we will we will hit the floor of the tube therefore we need a bigger tubes and so the people from the technical to the people from the money and say we need a bigger to and so for 20 years from bigger due to bigger choose from more his H 2 more usage we build maintenance this is the organic growth of discovery infrastructure with minimum rules where everybody can participate now imagine that the technique I go to the business people and say we need bigger tube but you know the business is smarter than everybody so if things what if we don't buy the bigger tube people will be annoyed things will go slow and then we can sell them the magic options nematic option is being sold right now by Vodaphone in Spain on some mobile internet access if you play whatever amount of euros amongst when the network is congested you won't be subject to but yes they can so what does it mean it means that for everybody else it will be slower therefore everybody else will have an incentive divided options and when everybody will hold the option what they will have is exactly what we had before so in term of business they might be clever but it means that we have a clear incentive to stop investing In the infrastructure that we also built we then what is inside we also build engine and therefore we have to reclaim this if you don't invest in infrastructure we won't use the service again and this is what we can do about it as soon as you see such conditions applying to contract so as soon as it stops smelling like the Internet blog about it to read about it make a fuss about it contact the press do everything you can about it we have this OK so this is 1 very heavy trend right now to restrict often the most fundamental freedom of expression on the Internet by restricting access another 1 money quickly talked about it is a note that this to be worn sharing you know everybody knows that when you share files you Major industry lose money as a kid with 5 thousand movies on it's obvious if you wouldn't have both of 5 thousand DVDs is not obvious sure therefore you can prove it well I won't enter into this debate because it's very troll troll agenda but anyway studies from the Ministry of Industry of cannot studies from the Government of Netherlands studies from the see studies from academics in Britain and in the US and a poor from Ipsos Germany in 8 European countries a recent note from the US government all come to the same conclusions the figures of the industry about whether or not those people by recalling General we don't kill baby seals when sharing 5 people were sharing files people who buy the more they might not by exactly the very same don't copy that they would have called for 16 new roles if they hadn't done it in 1 1 click it would bite collector edition concerts of the cinema tickets whatever's T-shirt and overall they buy more in culture but this is not the debate those warrant sharing is a perfect pretext for those industries we don't want to change their business models to try to pressure would everybody else then the only way to make their business is 1st of all to control the copies so nobody else and then can do 2 copies and to control the the means of distribution of the copy usually you did it by paying the teachers in the radio so they put yourself 1st or you buy advertisements and advertisers space or you go to the distribution retail store and pay them 2 of your cities in the from roles or you go to the TV programs 2 of your stars the the in the in the the biggest shows and so on and therefore you control the distribution of the words and everything goes fine in the 20th century well this is all over you all know that we can for on any of our own editor and producer publisher distributor whatever we can we still can't because of this very simple things we were just talking about that is freedom to access to unrestricted Internet neutral Internet well this 1 sharing is going on and on you know that copyright is used as the main Troy and wars for this is fight for the strategy of controlling Internet like they controlled the previous communication channels literally to turn this communication tools or communication tool into yet another media well they succeed in turning Internet into television 2 . 0 well
here comes your you might think I'm obsessed with Mickey Mouse at this stage and well I am sure that there was a telecoms um but it's not the 1st time that those questions of content entered the European Parliament I will detail that produce a different directive we weren't there at that time dietary to directive we weren't there at that time that in famous I pray to Directive will come back some day in the European Parliament and uh we'll talk about it uh the later on for the fun facts about IPR enforcement directives at the I prayed 1 directive which is about making very harsh civil sanctions for anything related to IPR enforcement but anyone here knows what was the name of the Hubble of that directive in the European Parliament the that the the the the the new nobody had her name was originally to she was a member of the European Parliament from the other party and she is the spouse of which wonderful to who is the president of the the universe of like this so at at the same time at the same time you had Yesilada uh who was the for a French Permanent Representative to was the European institutions in the Council who is incidentally the husband of C city fall there was that had lobbies for the the universal well so these things are going on and on and on forever dealt almost unlimited credit for attacking the freedoms and for making a living stuff therefore they use every possible legislative channel they have this is a massive flooding of legislation that we have to counter every day but I'm not an accountant academic like money got and I do don't care a lot about what is in the text it's a very slight computer code you know if it's if it's broken it's broken so we really have to to care about it but it is not the only thing we have to to watch we also have the war political context that we build around these issues and as I showed you in the beginning what we earn with other inviting friends shows that we can do it on a certain extent if you look at the telecoms package as it could have been voting 1st reading and what it is now maybe money guy will agree that it is maybe 20 per cent today of how dangerous it could have been now no with the radius of the was not all of the local can adjust that about you should be saying I don't think cooperation with actors in the promotion of lawful content in the 1st version was promotion and prompt action of lawful content did this makes a lot of difference and this notion of lawful content was there quite that 12 times in all the package nodes that only once and some things like this so we can have moderate victory or damage control losses on the text but gain UGE political victories and this is what we can achieve altogether by talking about it blogging about it tweaking the indefinite and so on right now in the European Parliament is being debated the Gallo report its own initiative report so it's not the legislation but it's a political message from the European Parliament that was set the course for the future of copyright in Europe it is not altered by Monday in general was a French Sarkozy's member of the European Parliament she wasn't elected anywhere before she's dispose of the notorious writer and she was dispose of Minister before and so on and she was parachuted on the balanced by Nicolas Sarkozy himself so she a good soldier in commanded service right now she presented its own initiative report that is the entertainment industry which I encourage you to its that a letter to Santa Claus literally and and yet I I encourage you to read the draft report it's quite short I think it's 5 or 6 pages to really see what is the current lingo of the entertainment industry is trying to use copyright to restrict all freedoms on the internet this lingo included the corporations of the internet service providers like when you put a gun on the head of somebody and say please do cooperate but the extrajudicial um litigation and solving of IPR enforcement this is the bypassing of the right to a fair judicial process but there also is a form of proportionate sanction or again on extrajudicial and
it well it's a very interesting read I encourage you sold to read the good amendments that were tabled undergone report we have nothing to do with that so many these Member of the European Parliament from or about and they believe very good amendments that's exactly the opposite they're 1 major element in the lingo is counter feeding of counterfeiting you know that those fake medicines those faked always from China blowing in the face of little children and and so on counterfeiting and piracy does a consumer and killed maybe skills whatsoever so to put counterfeiting that Chinese factories the Russian mafia and so on in the same bag with piracy what is that file sharing between individuals with no commercial intent that kills beta-cells process but whether this is a very interesting fights that is going on right now in the European Parliament you see in the very few days if you look on www like what you about that we launched a call for every 1 of you to take your phone take your e-mail contact your elected representatives from the jury Commission of the European Parliament introductory committees of and tell them down good amendments so please go and what the good amendments or else know I'm in a lecture and so on and so this is an ongoing fight it was set the course for the next legislative action such as the revival of iPad 2 and also very interestingly it stays in the its original form we encourage the ongoing negotiations of the act of agreement who among you have heard of the act of agreement well I'm impressed that that's a looks and that's that's more and more in in each time so that's that's very good news well that I'm sorry now that I have agreement is a smoking gun it's a Shakespearean tragedy of the new commons but it's a perfect example of the intent of those industries and the very little consideration they make of us and of a fundamental rights and all that great to we built together that is the Internet to make it short because most of you know what had already and it's and the official act eyes Anti-Counterfeiting Trade Agreement so it's a plurilateral trade agreements it's not an international treaty is not an international agreement because it's not tied to any this international institution there is no white bull no WTO no whatever 0 and the so it's that and the words of the US Trade Representative workers in the US in the at the negotiations that the idea was to be between like-minded people so you take a few friends you take an ice table you pick an exotic locations also together and you come was the oldest nice papers that the industry wrote for you and it's literally and entertainment industry wish list but in the full extent so we release some leaks some these were published on all heroes of WikiLeaks and yet the agreement is being negotiated in secret by for over 2 years so or we have to know what is inside these leaks and so we now have a I fissile plot we have quite a bunch of evidence that together show that the most violent criminal sanctions for inciting and aging infringement of what is this advertising and on website what did you say that comment is isn't that inciting pure infringement on just expressing my political view that those and then just results are also also I won by the stuff in an hour and go to the Bible so very broad Bleue interpretations um that can be very broadly and interpreted and that voluntarily give very vague in the text ceiling junctions that make there it industry being able to go to a judge and say 0 make future infringements on this material to see is filtering of content on the Internet automatic remove all we don't know they don't get they just 1 the again copyright infringement all this is in fact all this is in what we so in that the negotiations are going on to right right to the in Wellington in New Zealand the next round will be in G 9 June so we Europeans might have some something to to play and here again it is
about awareness it is about who knows what is going on and this is how we can really win and the freedom of thought thank you you could be that you to to give a bit of a European context because there was to be the word Europe in my in my presentation for Europe is the European Commission that negotiate and the European Commission was very nice necktie's w we won't go beyond that you Lockheed Martin or not and then you want to use the technocratic name for those of you legislation and we won't go beyond you walking and and and um which is supposed to be reassuring but indeed you will see if they're right or not or if their interpretation of the EU wacky matches with chorus only when the ball will be signed which is very very very very very little margin of maneuver well what we learned recently is that they're negotiating for the EU but for the criminal sanctions the most violent and dangerous and broad part of backed up is not negotiated by then is negotiated by the Presidency of the Council of the EU so Mr. Ludivina may have been right when he said we won't go beyond that you walking in here because they leave this to the the Presidency was elected representatives of all governments but do it besides here again was no accountability and so on so and my prescription for this is a very high dose of light an exporter you know that is called the vampire strategy you know of empire in the dark when you points lights on it so consider that we all have a tiny LEED light a very small 1 what we have to do is to light up at the very same moment and pointed towards the same direction this is what we can do using the internet this is what we try to to help you to help everyone willing to do so to do and I think that this is really what we have to do in order to protect the internet before it's not the internet anymore thank you very much and I thank you so that there were so many forms and my presentation that assume no questions don't microphones just 1 small thing I didn't really get you started with the highest court ruling from France that's clearly said there's uh from the Internet the this part of the freedom of of speech regulation and and access should not be limited and how does this comply with the streets 3 strikes rule that you actually have and show that you don't wonderful details or maybe we can discuss that that after actually a there the war at a peace tree strikes law was some kind of legal and illegal right you very dirty label this decision overturned the and so it's imaginable for the French government individually as it is part of a fundamental rights you cannot use an administrative authority like the 1 you design that we all the restriction of fundamental rights like this to the government no actually got a Sarkozy when various 1st and is reported to have shelled this is my idol and I will have it is also reported that that catalog asking that they all of the the ruling that they only have lawyers in the Ministry of Culture and that this would have sealed the fate of Christian element and so he said this is my own i will have x so you ordered defaults in the Minister of Culture to circumvent the decision of the Constitutional Council and so the invented a very light procedure but that goes through the judge the judge is the quantity of fundamental rights and freedoms so the judge can restrict the fundamental freedoms the judge can put you in jail which is an obvious restriction to your freedom of movement because he's a judge so they invented a very expressed procedure where the judge will in the things uh I'll give you the details about your not guilty of IPR infringement but guilty of not having secured your Internet access against it being used for copyright infringement because copyright infringement is a criminal offense that you need to you need evidence to demonstrate prejudice and so on so this became an administrative offices the funny thing is the Ministry of Culture now has the least but at the end and publish a list of tools that will allow you to secure your Internet access against it being used for for IPR infringement which is very funny because it's not technically feasible and until they do this there will be no sanctions at all so for now a is that lame-duck that whatever that or just that so will not practically be the the the vector executable no it won't next question Germany and I just like to comment on where I disagree just earlier of the 2 as a provisions that I and what
we need in some racket yes the the 2 that the provisions which I presented our having having been through this and spent time months and months peeling through the amendments presented in the telecoms package of what we what we ended up with all the ones that I presented where the import ones that the and PA and if p lobbied for they are in a very slightly different form that from the original form that they lobbied for but they are actually the important ones the lawful content it would make things worse arguably would have strengthened what they wanted to block the in 2 important provisions were where those 2 and there in there right at the beginning and they're still going to right kind of wine and I wasn't there were more than there was those the the thing about the sending of messages and the type of sanctions and also the fact that the actors interested in the protection of lawful content but not be the same and how they will do doing and how also the positive part and overall the political context around it that will guide the interpretation in the memo yes this is these as important as the political promises private and how they will do it they do it 2 states so simple it's amazing they did actually change all contract and they make this general obligation and that's actually to and that that that is what is actually quite scary artists from other questions yeah there's 1 here and this is very interesting point is that the we use restriction of there's a question um restriction through contract law was act out there will make such that the burden on the Internet operators up to help them liable for the transmission or storage of copyrighted material that the operators themselves will be forced to implement policies restricting access of publication or also on so this is a very interesting point is that now they intend to force operators to use contract lows and thank you for reminding me because I for them to talk about the earlier so we have to be very very careful of those contracts and what the operators do when under which pressure although they would be so many things to talk about how how what what can we do positively was that what else hearing you and my only question is what are we going to do against the vampires agenda our in June life I mean is there any I mean we have to be there and we have to show of because I think that's that put more pressure on them so what are we doing against vampires life in general and you but I can tell you about the state of my reflection on the topic which is not definitive and as usual it might be decided in the very few hours more than maybe building a nice image of ourselves in front of those big buildings All back and close to us being changed to whatever the laptop or a Mickey Mouse heads are looking like we're censored or restricted in any way or and just below the majors print journalists to say look what we have to show about what they're doing something like this I don't believe in huge protest because you know inference we we do you trust this with millions of people and we cannot achieve that but building images in spreading them around is a way of giving or and or interpretation of the facts and therefore we write the story and this is very important this is what we need and other people it was passed in another code does the debt uh form and everybody in France in the general public US so you know that the people always has that that thing that won't work the only other thing that is obsolete already there was an opinion poll asking a representative indeed panel people or what they thought about the overturn of the law and 66 per cent of them said also good things have you ever heard of opinion polls about what people think of a decision of the Constitutional Court of the country so it really gives you an idea of how strong the public debate was and this so we we are building the public debate we of building the public opinion we are the public and we are the voters in the so I think we should use this this kind of tools that we're going to generate capture that any questions I got free stickers for people asking questions very close to here yeah most occurs in the so the question up there's 1 there's 1 this is on thank you and so 1st I want to thank you and congratulate you with work in France which is really interesting because France was that the country in the coal mine for what's going to happen all over the world and and I think I guess my question is you guys have been successful in France because you're a number of talented people you have all the different mechanisms needed to both the the government legislative level and also the puric etc. but there seems to be no institution that can match the tenaciousness and the power in the in the in the people loving for active both in Europe but also worldwide so I guess my question is how can people unite to get a strength that is similar to that which is behind how it is a very good and tough question it's indeed in the the uh at the heart of a reflection on how
to to build direction and on the telecoms package we we have been very successful at communicating and what they want to do when there was it was time to do it and what to do it and so on so we we we build those package actions and spread them sometimes people think yeah this is a good thing to do and just do it 1 parameter and we saw this over and over again and we have a difference of interpretation was with some people around this is that I think it's no use to try to centralize the action we don't want our goal to become the center of all this because at some point I will use invocation back but the thing is to to show people how to do it and at the image of the Internet itself try to apologize distributes and um explore and exploit the the the the variation the yes I'm over time yeah
but it yeah just to to do to finish that exploded variation of opinions and actions and yet user creativity when we
should some of those people remakes them put them into the
movies put them on top of the letters made this and and so on so let's reuse collectively all we can produce about it and try to do all this and try to publicize or tiny and these
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Metadaten

Formale Metadaten

Titel Net neutrality and threats to fundamental rights in europe
Serientitel re:publica 2010
Teil 07
Anzahl der Teile 60
Autor Zimmermann, Jeremie
Lizenz CC-Namensnennung - Weitergabe unter gleichen Bedingungen 3.0 Deutschland:
Sie dürfen das Werk bzw. den Inhalt zu jedem legalen Zweck nutzen, verändern und in unveränderter oder veränderter Form vervielfältigen, verbreiten und öffentlich zugänglich machen, sofern Sie den Namen des Autors/Rechteinhabers in der von ihm festgelegten Weise nennen und das Werk bzw. diesen Inhalt auch in veränderter Form nur unter den Bedingungen dieser Lizenz weitergeben.
DOI 10.5446/20904
Herausgeber re:publica
Erscheinungsjahr 2010
Sprache Englisch

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Fachgebiet Informatik
Abstract Yet, entertainment industries see the Net as a threat to their existing business models, mostly based on controlling distribution channels of information. Worse, telecom operators see new opportunities in monetizing restrictions to Internet access. The interests of both groups are now converging with the help of a portion of the political class wary of the way the Net upsets their objective of controlling the public sphere so as to retain power. Several legislative projects are contemplating different ways of restricting access to the Net: from the provisions on operators’ contracts in the “Telecoms Package” directives to website blocking in the name of child protection, from the ongoing war against file sharing lead by the entertainment industries in Europe to the Anti-Counterfeiting Trade Agreement currently being negotiated at the global level… Restrictions to our access to the Net, from the most obvious (cutoff in the “HADOPI” law in France, censorship in China), to the most subtle (blocking of selected aplications or services, bandwidth prioritization or reduction, etc.) are as many restrictions to our fundamental freedoms, including the most essential freedom of expression. Are these different regulatory projects turning into a global war on the Internet, therefore a war on our freedoms? What is the state of the play? What can we do as citizens?

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