Personal Democracy Plus Our premium content network. LEARN MORE You are not logged in. LOG IN NOW >

European Commission to Refer ACTA to Europe's Highest Court

BY Miranda Neubauer | Wednesday, February 22 2012

The European Commission plans to refer the Anti-Counterfeiting Trade Agreement (ACTA) to the European Court of Justice "to assess whether ACTA is incompatible - in any way - with the EU's fundamental rights and freedoms, such as freedom of expression and information or data protection and the right to property in case of intellectual property," according to a statement released by one of the commissioners earlier today.

The announcement comes ahead of renewed protests of the treaty planned for Saturday across Europe, following earlier protests that took place Europe-wide on Feb. 11.

"... I believe the European Commission has a responsibility to provide our parliamentary representatives and the public at large with the most detailed and accurate information available. So, a referral will allow for Europe’s top court to independently clarify the legality of this agreement," said Karel De Gucht, the European commissioner for trade, in a statement. "In recent weeks, the ratification process of ACTA has triggered a Europe-wide debate on ACTA, the freedom of the internet and the importance of protecting Europe’s Intellectual Property for our economies.

De Gucht acknowledged that ACTA was already bound for a vote in Parliament and that it had already been passed on to member states for ratification.

"This debate must be based upon facts and not upon the misinformation or rumour that has dominated social media sites and blogs in recent weeks," he stated.

"Let's cut through this fog of uncertainty and put ACTA in the spotlight of our highest independent judicial authority: the European Court of Justice," he wrote. Following the court's decision, he said, "This clarity should help support a calm, reasoned, open and democratic discussion on ACTA - whether at the national or at the European level."

The European Parliament's rapporteur for ACTA, David Martin, welcomed the European Commission's decision. "Trade Commissioner Karel de Gucht today admitted that there are still many question marks about ACTA and what the implementation of the agreement, as it stands, would mean for citizens and for the freedom of the Internet," he said in a statement. "The Parliament has been calling for more clarity for a long time, and we already requested legal opinions from several committees in the European Parliament. Now this ruling will be a good guarantee for the impact on fundamental rights."

While many news articles reported that the Commission is suspending efforts to ratify the treaty, debate in the European Parliament is still scheduled to continue. "We will wait for the ECJ ruling before we draw conclusions, but an open political debate in the European Parliament is also necessary on the measures foreseen by ACTA," Martin stated. The first discussion in Parliament's International Trade Committee will take place Feb. 29, while a hearing where members of the Parliament will discuss ACTA with academics, civil society bodies and EU officials is scheduled for March 1.

News Briefs

RSS Feed wednesday >

Facebook Becomes Full Member of Global Network Initiative

Facebook announced today that it has opted to become a full member of the Global Network Initiative, a group founded by Google, Microsoft and Yahoo to address the challenges technology companies face when dealing with governments about issues like freedom of expression and data privacy. GO

Russia's OGP Concerns Show That Transparency Matters

Last week, Russian officials announced they have withdrawn their letter of intent to join the Open Government Partnership. The Moscow Times has a statement to the Russian paper Kommersant from a presidential spokesman, saying, "We are not talking about winding up plans to join, but corrections in timing and the scale of participation are possible." So Russia may still be in. Just not soon. And maybe never. Confused? You're not alone. I actually find it fascinating that the Kremlin acts like "openness" and transparency matter. Here's why. GO

In Denmark, Online Tracking of Citizens is an Unwieldy Failure

Six years after Denmark passed a law mandating that telecommunication companies retain and store their customers' personal data for up to two years, local advocacy groups and the telecom industry are pushing for immediate changes to the legislation. The practice of keeping records of private citizens' Internet use is an unjustifiable invasion of privacy, they say. The police, meanwhile, have concluded that requiring telecoms to store subscriber data has not helped them track criminals, which was the the ostensible purpose of the practice. But the Danish government still wants to postpone an evaluation of the law for another two years. GO

"Accidental" Blocking of Australian Websites Raises Concerns About Government Censorship

An Australian government agency admitted last week to unintentionally blocking more than 1,200 perfectly legal websites in the process of shutting down one allegedly fraudulent site. In their defense, they pointed out that they have successfully blocked a number of websites in the past nine months without such digital collateral. This assertion came as no consolation to Australian netizens concerned about Internet censorship, especially opaque and hazily legal censorship.

GO

tuesday >

Honda Campaign Rolls Out Endorsements From Asian American Stars

Rep. Mike Honda (D-Calif.) rolled out several additional endorsements from Asian American leaders and celebrities Tuesday, with one of them vouching for his high-tech bona fides. GO

Here Are The People President Obama Hopes Will Repair American Elections

The Presidential Commission on Election Administration established by President Obama after problematic 2012 elections now has a web presence at SupporttheVoter.gov. Obama established the commission by executive order on March 28 "to identify best practices in election administration and to make recommendations to improve the voting experience." GO

After Oklahoma Disaster, Neighbors Look Online for Ways To Help

In echoes of the aftermath of Hurricane Sandy in the Northeast, social media sites and small business websites in and around tornado-wracked Moore, Okla., are full of offers of help, questions about missing pets and loved ones, and evidence that neighbors are willing to reach out to help one another in a disaster. On a single Facebook group, there's a Mexican restaurant in Oklahoma City promising free meals to first responders or people hit by the tornado; a mother a few hours' drive from Moore offering to open her door for children who might need a place to stay; a resident sharing a picture of a found dog and contact information for the owner to get in touch. GO

Change.org Lands $15 Million From Omidyar

Change.org capped an extraordinary few years of growth Tuesday with the announcement that it has landed a $15 million investment led by the Omidyar Network. GO

What German Politicians Think of Google Glass

The German government led by Chancellor Angela Merkel has not had the easiest relationship with Google. The company launched a public campaign against a law backed by her coalition that would require search engines to pay to show news articles in search results, with mixed results. What's more, Google has long had to navigate the privacy waters in Germany and throughout the European Union. But that has not stopped her federal minister for economics and technology, Philipp Rösler, from giving Google Glass an enthusiastic test run as he leads a delegation of German technology companies and politicians on a trip to Silicon Valley this week as part of German Valley Week. GO

Crowdsourcing Waste Management Solutions in Montenegro

For once we aren't talking about the worldwide scarcity of toilets, just good old-fashioned household waste. Montenegro has a garbage problem so bad even the tourists are complaining about it. A new mobile app sponsored by the Agency for Environmental Protection, NGO Ozon and United Nations Development Programme in Montenegro will hopefully get citizens involved in reporting illegal garbage dumps. GO

monday >

Her Majesty's Government Wants to Monetize Open Data

A new paper from the chair of the U.K. government's Open Strategy Board outlines the best practices for the government's open data policies. The government-commissioned Shakespeare Review – after author Stephan Shakespeare – looks into ways to monetize open data, and recommends an all-encompassing National Data Strategy.

GO

Will Silicon Valley "Disrupt" Politics With a Candidate for Congress?

Sean Parker, of Napster fame and now executive general partner at venture capital firm Founders Fund, has invested in political startups before. But last week, he went a step further — co-hosting a fundraising event for a candidate for Congress. Parker and SV Angel co-founder Ron Conway organized a crowd of Internet industry luminaries to support Ro Khanna, a former assistant deputy secretary in Barack Obama's Commerce Department. Khanna is preparing a challenge to Rep. Mike Honda (D-Calif.), whose newly redrawn congressional district encompasses Silicon Valley. GO

Burma's Upcoming Telecom Revolution Will Probably Not Bring Internet Freedom

Burma (Myanmar) is on the threshold of an Internet revolution, but Human Rights Watch has warned companies to proceed with caution or risk trampling Burmese citizens' rights. GO

friday >

Chilean Anti-Corruption Resource: A Crowdsourced Database of Social and Political Connections

In countries where a small minority of social circles have a majority of the political and economic power, personal relationships can affect major decision-making, a serious concern of anti-corruption activists. A new web platform stores personal profiles of key players in Chilean business and politics, complete with biographies and personal and professional connections through family, education, social circles, employers and coworkers, to make tracking social relationships and conflict-of-interest easier. Called Poderopedia (from the Spanish word for power), the project sounds kind of like LinkedIn, but the creation and management of profiles is being crowdsourced out to journalists, activists and concerned citizens.

GO

Middle Eastern Telecom Accused of Working With Saudi Arabia to Spy on Citizens

Mobily, an arm of the state-owned Middle Eastern telecom giant Etihad Etisalat, has been accused of working with Saudi Arabia to develop software that would allow the government to bypass protections for social media users. The exposé comes from Moxie Marlinspike (neé Matthew Rosenfield), an expert in a certain type of malicious Internet attack called MITM (man-in-the-middle), whereby attackers intercept and secretly alter private messages exchanged via email and other social media platforms. GO

Saudi Religious Leader Warns Twitter Users of Consequences in the Afterlife

In late March, Saudi Arabia's top religious cleric said Twitter was for clowns and corrupters. Earlier this week, he said anyone using social media, in particular Twitter, “has lost this world and the afterlife.” His comments might be laughable, if they did not come at a time when the Saudi government is looking into monitoring or blocking social media sites and eliminating user anonymity.

GO

thursday >

What The Other Silicon Valley Immigration Group Is Doing This Month

A bipartisan coalition of political advocacy, business and tech groups are moving ahead to launch a social media blitz next week designed to persuade members of the Senate to vote in favor of immigration reform legislation supported in Silicon Valley. "We're going to create a virtual digital storm," said Jeremy Robbins in a Wednesday ... GO

The New Yorker Hopes "Strongbox" Is a Wiretap-Proof Sieve for Leaks

The New Yorker yesterday became the first outlet to implement DeadDrop, a new system for sources to submit information to journalists online in a more secure and anonymous way than, for example, email. GO

More