November 5, 2009

Europe misses out on a full protection of Net freedoms

As La Quadrature du Net explains:

An agreement has been reached on the Telecoms Package. The new text aimed at protecting Internet access includes positive elements such as a reference to the right to a “prior fair and impartial procedure” as well as the presumption of innocence. It also contains ambiguous language and potential loopholes. This rather unambitious provision will now be up for interpretation, and it remains to be seen whether it will invalidate Net access restrictions such as “three strikes” policies.

The European Parliament and the Council of the EU came to an agreement on the “Telecoms Package” negotiations. They laid down legal and procedural guarantees against restrictions of Internet access. The new provision gives”effective judicial protection and due process”, guarantees “the principle of presumption of innocence and the right to privacy” and respect the European Convention for the Protection of Human Rights and Fundamental Freedoms.

However, the text only speaks of “a prior fair and impartial procedure” instead of a prior ruling by the judicial authorities, guaranteed by the original “amendment 138”, and contains loopholes and ambiguities. The invalidation of freedom-killer measures such as “three strikes policies” will now depend on interpretation by the European Court of Justice and national courts. Moreover, the text only relates to measures taken by Member States and thereby fails to bar telecom operators and entertainment industries from knocking down the founding principle of Net neutrality.

https://www.laquadrature.net/en/Europe-only-goes-half-way-in-protecting-internet-rights

Will the new text protect people against arbitrary restrictions of their Internet access, which is essential for exerting free speech in today’s world? Will it, for instance, prohibit the mass repression of file-sharing in Europe through agreements between ISPs and righholders? Probably not. Will it bar telecom operators and entertainment industries from knocking down the founding principle of Net neutrality? No, it certainly won’t.

In the end, even though it has been a fruitful debate, European lawmakers have missed the opportunity of showing to the world that the rule of Law also applies to the Internet. Beyond the usual bombastic speeches about the “knowledge society”, amendment 138 could have shown Europe’s attachment to the wonderful contribution of the Internet to the freedom of access to knowledge. In the next few months, it will be up to us - the people who use the Internet to communicate, share and learn - to remind our leaders to change the law and inscribe a strong recognition of rights and freedoms in the age of the Internet.