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[FYI] (Fwd) FC: U.K. firms protest Euro plan for email, web, Usenet




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Date sent:      	Tue, 26 Jun 2001 10:23:39 -0400
From:           	Declan McCullagh <declan@well.com>
To:             	politech@politechbot.com
Copies to:      	sam_parkhouse@cbi.org.uk, office@statewatch.org
Subject:        	FC: U.K. firms protest Euro plan for email, web, Usenet recordkeeping
Send reply to:  	declan@well.com


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http://www.thetimes.co.uk/article/0,,5-2001213193,00.html 
   PLANS by Brussels to force Internet service providers (ISPs), such
   as BT and AOL, to store detailed logs of their customers Web
   activities a retrograde step that could compromise privacy and
   damage e-commerce.

http://www.thescotsman.co.uk/business.cfm?id=83701
  THE CBI criticised the government's failure to block EU proposals
  that will allow member states to impose blanket data retention on
  telecoms and ISPs. 

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Related news:

Europe weighs recording all phone calls, Net traffic for 7 yrs 
http://www.politechbot.com/p-02035.html

More on Europe recording phone calls, Net traffic for 7 years 
http://www.politechbot.com/p-02043.html

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http://www.cbi.org.uk/ndbs/press.nsf/0363c1f07c6ca12a8025671c00381cc7/
ccfce800c251d49c80256a7300507a26?OpenDocument

   CBI DISMAYED BY GOVERNMENT STANCE ON DATA RETENTION
   The CBI is alarmed and dismayed the government has failed to block
   plans in Brussels that will allow member states to impose blanket
   data retention requirements on telecommunication and internet
   service providers (ISPs).

   "We are dismayed that senior officials in Brussels, including those
   from UK, have agreed an amendment to the telecommunications data
   protection directive, which will allow member states to impose
   blanket data retention requirements on their own service providers.
   "We believe this will undermine trust and confidence in elelctronic
   commerce and discourage investment in e-commerce in the EU", said
   the CBI's Head of E Business, Nigel Hickson. The CBI urges the
   minister of state for e-commerce Douglas Alexander and colleagues
   in other member states to veto this proposal when it comes before
   the Telecommunications Council on Wednesday June 27. In the last
   few days Brussels officials have paved the way for member states to
   provide for mass retention of data on e-mail recipients, addresses
   of websites visited and data on times when customers log into
   ISP's. Currently such service providers are only allowed to retain
   such data for billing purposes. "We call on the Government to take
   all action to prevent unwanted traffic data retention requirements
   on service providers. So we strongly urge the DTI to ensure the UK
   vetoes any weakening of Data Protection laws when this is discussed
   at the Council of Ministers this month. We will also be lobbying
   the Home Office in a similar vein" said John Stewart, chair of the
   CBI's E-business Council.

   22 June, 2001
   Notes to Editors:
   The European Union is currently reviewing directive 97/66/EC which
   deals with data protection in the telecommunications sector. There
   have been calls from the law enforcement community to amend Article
   6, which currently prohibits data retention, allowing member States
   to demand data retention by service providers. The directive has
   been discussed by the Committee of Permanent Representatives in
   Brussels (COREPER) and will be voted on by the EU Telecoms Council
   on June 27.

   Please note Traffic Data does not mean e-mail content. It covers
   information about internet activity; for example 1) addresses of
   people you have sent email to. 2) websites visited. 3) newsgroups
   used. 4) times people log in and log out of ISP's.

   Media Contact:
   Sam Parkhouse, CBI Press Office: 020 7395 8093 - e-mail:
   sam_parkhouse@cbi.org.uk

   Out of hours pager no 076 2680 9070.

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http://www.statewatch.org/news/2001/jun/07retention.htm

     Statewatch Observatory on Surveillance in Europe (S.O.S.Europe)

     EU governments' to decide on retention of telecommunications data
     (including internet usage) by law enforcement agencies

     - Commission and Data Protection Working Party oppose move
     - UK leading the campaign for data retention
     ______________________________________________________________

     The debate over the retention of telecommunications data by EU
     states for the purposes of giving access to the law enforcement
     agencies is reaching the crunch stage. At the Telecommunications
     Council in Brussels on 27-28 June the decision may be made to
     back demands by the UK and other governments for data to be
     retained for use by the agencies. The European Commission are
     strongly opposed to the changes as are a number of the
     rapporteurs in the European Parliament.

     The chair of the EU's Article 29 Data Protection Working Party
     has sent letters to the President of the European Parliament, Mr
     Prodi of the Commission and the Council expressing its strong
     opposition to any changes in the draft measure: Letter from
     Rodota: full-text

     The battle lines in the Council at the beginning of June showed
     the incoming Belgian Presidency and the current Swedish
     Presidency backed by the UK demanding changes - to the planned
     new EU Directive on personal data and the protection of privacy
     in the field of electronic commerce - to allow the retention of
     telecommunications data for law enforcement agencies. Opposing
     this move were Greece, Italy, Netherlands and the Commission.

     At the Telecommunications Council on Wednesday it will be open to
     the Council (the 15 EU governments) to back the demand now
     fronted by the UK.

     The new Directive, which is simply intended to update the current
     laws, has to be agreed under the co-decision procedure whereby
     the the Council, Commission and Parliament have to agree on the
     new measure.

     The background is on the Statewatch Observatory on Surveillance
     in Europe: S.0.S. Europe
     ______________________________________________________________

     The latest available draft of the Council's discussions on its
     "common position" shows that the demands of the law enforcement
     agencies are centred to two key provisions in the draft new
     Directive: Article 6 on "Traffic data" and Article 15 which
     allows EU states to derogate from the provisions on an individual
     basis and allow law enforcement agencies access to traffic data
     (including internet usage). Draft dated 31 May (9337/01):
     Full-text (pdf file)

     The first key provision, Article 6.1. on Traffic data reads as
     follows:

     "1. Traffic data relating to subscribers and users processed and
     stored by the provider of a public communications network or
     service must be erased or made anonymous when it is no longer
     needed for the purpose [upon completion] of the transmission of a
     communication without prejudice to the provisions of paragraphs
     2, 3, and Article 15, paragraph 1 4." (bold are changes proposed
     by the Council; the [] show deletions)

     These changes were put forward by the Swedish Presidency of the
     EU. A number of EU governments and the Commission oppose the
     addition of the reference to Article 15. However, in a footnote
     there is an alternative wording put forward by Belgium, the
     incoming EU Presidency from 1 July. This reads as follows where
     "B" stands for Belgium:

     " Alternative text proposed by B for Article 6, paragraph 1:
     "Traffic data relating to subscribers and users processed for the
     purpose of the transmission of a communication and stored by the
     provider of a public communications network or service may upon
     completion of the transmission only be processed for legitimate
     purposes as determined by national law or applicable instruments.
     Within the scope of this directive, those purposes can be no
     other than those mentioned in paragraphs 2 and 3".

     The effect of this proposal is to delete the provision that data
     should be erased or made anonymous and to insert another purpose
     (ie: other than for checking billing for customers) saying it can
     be "processed for legitimate purposes determined by national law"
     - in other words it would allow each EU member state adopt a law
     saying data may be retained for law enforcement purposes for
     periods of 12 moths to 7 years.

     The discussion in the Council (between the governments)

     Another document, also dated 31 May, reveals much more detail of
     the discussion in the Council and the differences between EU
     governments. Both of these documents need to be placed in
     context. Both are intended to lead to the adoption by the Council
     of a "common position" on the proposed new Directive before the
     European Parliament has completed its First Reading vote and
     adoption of its report. Strictly the Council should wait for the
     parliament but it applies an informal "rule" (created by the
     Council) which says the parliament has only three months to
     decide its position.

     Moreover, the formulation that the law to allow data retention
     for law enforcement agencies should be agreed at national law
     will allow government "spin-doctors" to say that it is not
     binding and that therefore there is no EU policy on the issue -
     an examination of the background documents produced since last
     autumn show that for data usage to work for law enforcement
     purposes it has to operate in every EU country and in all the
     applicant countries.

     The second document: Text (9356/01)  reveals the divisions
     between the EU governments. The report opens by noting that the
     Commission has proposed that Article 6.1 remain intact - that is,
     to maintain EC law as set out in the existing Directive which
     says that traffic data "must be erased or made anonymous on
     completion of the transmission, except for billing purposes". It
     goes on to say:

     "Three delegations (B, S, UK) have placed a reservation on the
     Commission proposal by requesting the abandonment of paragraph 1
     on the principle of the erasure of data or making it anonymous.
     These delegations in fact hold that this principle does not take
     into account the needs of the repressive authorities"
     (translation from French)

     B, S & UK stands for the incoming Belgian Presidency of the EU,
     Sweden the current EU Presidency and the UK. The
     Telecommunications Working Party was unable to resolve the
     differences because of:

     "the refusal by certain delegations (GR, I, NL) and by the
     Commission to see the text of the present directive changed on
     this point. The latter underline the importance and sensitivity
     of this issue which affects human rights and fundamental rights."

     Thus Greece, Italy and the Netherlands together with the
     Commission oppose the change. The Commission and Italy also
     opposed a change to Article 15 put forward by the UK. The grounds
     on which national laws can derogate from the basic principles,
     including the obligation to erase traffic data, are different in
     the two current EU Directives. The grounds in the General Data
     Protection Directive are broader than those in the later
     Directive on Telecommunications Data Protection this was because
     the latter covers the principle of the confidentiality of
     communications. The General Directive covers many sectors and a
     large range of data roles. The UK wants to change this and insert
     the broad range of exceptions, plus adding public health, which
     would allow national laws to derogate from the protections now in
     force.

     Indeed the intention of the UK is quite explicit, it wants to
     ensure that Article 15 allows the general retention of data and
     the Swedish Presidency is proposing that the following is added
     to Article 15.1:

     "Member States may provide for the retention of data for a
     limited period justified on the grounds of Article 15.1 in
     conformity with the general principles of community law"

     Data Protection Working Party letter

     The EU's Data Protection Working Party has sent a very strongly
     worded letter to the President of the European Parliament, the
     President of the European Commission and the Presidency of the
     Council of the European Union. Their views speak for themselves:

     "It is not acceptable that the scope of initial data processing
     is widened in order to increase the amount of data available for
     law enforcement objectives. Any such changes in these essential
     provisions that are directly related to fundamental human rights,
     would turn the exception into a new rule. Systematic and
     preventive storage of EU citizens' communications and related
     traffic data would undermine the fundamental rights to privacy,
     data protection, freedom of expression, liberty and presumption
     of innocence. Could the Information Society still claim to be a
     democratic society under such circumstances ?"
     ______________________________________________________________




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