"Member States shall ensure that no technology may be mandated by competent authorities which would facilitate surveillance of internet users, such as technologies that mirror or monitor the users actions and/or interfere with operations of the user's network activity for the benefit of a third party (known as 'filtering')."
Amendment 138 ensures that sanctions cannot be imposed on end-users without judicial oversight. It will add the following text to the Directive:
"applying the principle that no restriction may be imposed on the rights and freedoms of end-users, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, without a prior ruling by the judicial authorities, except where dictated by force majeure or by the requirements of preserving network integrity and security, and subject to national provisions of criminal law imposed for reasons of public policy, public security or public morality."
The UK Government has released a consultation into potential legislation aimed at curbing illicit filesharing on the net. Several of the legislative options on the table are worrying, and mirror schemes being discussed in various national and international fora. They include streamlining the legal process to require ISPs to provide personal data relating to an IP address, handing responsibility for taking action against illicit filesharers to a third party body, or requiring ISPs to take action against users themselves or to install filtering equipment to block infringing content.
At the same time a "Memorandum of Understanding", negotiated behind-the-scenes with strong influence from the Government, between the UK's six major ISPs (Virgin Media, Sky, Carphone Warehouse, BT, Orange and Tiscali) and the British Phonographic Industry and the Motion Picture Association. Signatories endorse five principles in the MoU:
Providing proof, if it were needed, that every single piece of personal data in the UK has now been lost - probably several times over, by multiple corporations and government offices - news has just broken of another theft of laptops crammed with easily accessed info. This time the there-but-for-the-grace-of-god bonehead users were hospital staff at St George's hospital in Tooting.
"This Copyright Extension Directive, proposed by Commissioner Mccreevy, is likely to damage seriously the reputation of the Commission. It is a spectacular kowtow to one single special interest group: the multinational recording industry (Universal, Sony/BMG, Warner and EMI) hiding behind the rhetoric of "aging performing artists".
"The Commission is required to conduct an impact study for each directive it proposes. We, the leading European centres for intellectual property policy research, have collectively reviewed the empirical evidence. Our findings are unanimous. The proposed Copyright Extension Directive will damage European creative endeavour and innovation beyond repair."
I tell them to turn to the study of mathematics, for it is only there that they might escape the lusts of the flesh. -- Thomas Mann, "The Magic Mountain"