Further issues in media and communication governance

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					Further issues in media and
communication governance

 Luzern, Saturday 25 April 2009
       Session 5 block 2
         Stefania Milan*

      * with some material from Arne Hintz
             Emerging issues

•   IPRs and new copyright challenges
•   Privacy in telecommunication
•   Data retention
•   Security
•   Digitalization of media infrastructures
•   Net neutrality
•   ….
               Net neutrality
• Currently the US hottest issue
• A matter of traffic handling – non neutral
  treatment of packet data. It will influence the
  extent to which Internet providers should be
  allowed to favours some traffic/users over others
• Neutrality not protected by any policy/law
• A politicized debate about discrimination
• Multidisciplinary and many competencies: which
  regulator and which rules?
• FCC public audits
      Data Retention
     EU Directive 2006/24/EU:
      traffic and location data

                -> source
             -> destination
      -> date, time and duration
 -> user's communication equipment
-> location of (mobile) communication
                equipment
    “We need to take very great care not to fall into a way of life in which
  freedom’s back is broken by the relentless pressure of a security State.

 Over the last thirty years technology has given each of us, as individual
   citizens, enormous gifts of access to information and knowledge.
Sometimes it seems as if everything is at our fingertips and this has made
                       our lives immeasurably richer.

   But technology also gives the State enormous powers of access to
knowledge and information about each one of us. And the ability to collect
   and store it at will. Every second of every day, in everything we do.

 We need to understand that it is in the nature of State power that decisions
taken in the next few months and years about how the State may use these
powers, and to what extent, are likely to be irreversible. They will be with us
                 forever. And they in turn will be built upon.

 So we should take very great care to imagine the world we are creating
 before we build it. We might end up living with something we can’t bear.”

   (Sir Ken MacDonald QC, head of the Crown Prosecution Service and
           Director of Public Prosecution for England and Wales)
    Implementation problems for
         Telcos and ISPs
•   costs
•   prevent unauthorized access or loss
•   destroying the data after a defined period
•   breach users' privacy
•   become 'integral part of surveillance
    machine'
   Emergence of the Directive
• CoE Convention on Cybercrime (2001):
  collection of traffic data
• existing data retention laws in several EU
  Member States
• joint proposal by France, UK, Sweden, Ireland on
  28 April 2004
• Directive adopted 15 March 2006
• Member States required to implement by 15 Sept
  2007, with extension until 15 March 2009
• retain data for at least 6 and at most 24 months
                 Characteristics
• not 'Police and Judicial Cooperation in
  Criminal Matters' but 'Harmonization of the
  internal market'
• 'The legal and technical differences between national
  provisions concerning the retention of data for the purpose of
  prevention, investigation, detection and prosecution of criminal
  offences present obstacles to the internal market for electronic
  communications, since service providers are faced with
  different requirements regarding the types of traffic and
  location data to be retained and the conditions and periods of
  retention.'
• Policy laundering
             Implementation
•   Speed
•   previous presence of DR act
•   period of data retention
•   access privileges
•   amount of detail about the type of data
•   use of data

• Central/Eastern Europe: “Big brother after face-
  lifting”
           Current situation
• European Court of Justice: correct legal
  basis ... but decision on violation of human
  rights still pending
• legal challenges continue
• Romania suspended DR law
• expansion: 'voluntary data retention'; retain
  data on all web surfing
              Opposition (1)

 European policy level: CoE draft Resolution
      “Towards a New Notion of Media”



“It is also necessary to explore whether and to what extent
  data retention, the automatic processing of personal data,
 and profiling techniques or practices challenge unrestricted
  participation and people’s rights to freedom of expression
  and information and other fundamental rights. Appropriate
      guidance should be provided to protect users’ rights.”
            Opposition (2)

• non-compliance with law: civil
  disobedience
• obstruction
• technical bypasses
• legal challenges
• protest campaigns
               AK Vorrat
• open letters
• online actions: web pages
• local and regional chapters (and mailing
  lists): spread, decentralise
• 'freedom speakers'
• 'we don't retain'
• pop culture: logos/banners; Stasi 2.0
• local street protests
• nation-wide demonstrations
             Lessons learnt
•   openness
•   online – offline
•   loose network with some 'experts'
•   pop culture and fun
•   broad coalition
•   amorphous structure
•   trust does not scale

				
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