Demo-Crazy

The European Parliament is working on a resolution on the Stockholm Programme. (So this is, thanks God, not legislation. But it is important anyhow.)

The Stockholm Programme points out how to work when it comes to judicial procedures, criminal trials, migration and everything that is connected with surveillance and Big Brotherism. This will be synced with the roll out of the new EU Treaty, The Lisbon Treaty.

The papers for this afternoons vote in the joint meeting with the JURI, LIBE and AFCO committees where distributed in the very last minute. There are almost 500 amendments and lots of compromise amendments. Some members did get the papers less than three hours before the meeting. Some papers did not reach the members at all. So most of the parlamentarians have not had a chance to more than glance at the documents. There have been no analysis, no prior discussion and no possibility for cross party border talks.

This is simply ridiculous.

Naturally, some members object. So at the beginning of this afternoons meeting they wanted to postpone the vote.

Then there was an objection to the suggestion to discuss this at all. (It´s Thursday. All members have planes home to catch.)

So it was decided not to discuss to postpone the vote, as it would take to long.

Then the voting on the amendments to the Stockholm Programme started - without anyone knowing what they really are doing.

ACTA: Do they really want to risk their brands?

There is a lot of buzz about ACTA. This international trade agreement was ment to stop counterfeit handbags, jeans, watches and other goods. I have no objections to that.

Then the film- and music industry got envolved. File sharing became an issue. And suddenly there are leaks suggesting that ACTA will contain copyright focused measures related to the internet.

Apparently there are discussions about disconnecting filesharers from the internet, internet cable operators having to inspect and filter traffic etc. – in these secret negosiations.

Rumors even suggests that customs officers will have to inspect laptops, smartphones and MP3-players in the hunt for copyright protected material. All of this is simply bad, as it is in conflict with citizens rights and an open internet for all.

Now, this should be food for thought for all the companies whos' products originally was going to be protected by ACTA – before it expanded to filesharing and copyright related issues.

Do the owners of Nike, Boss, Diesel, Camel, Swatch and all other trendy brands really want to be associated with internet censorship, limitations of freedom of information and measures that infringes on peoples privacy?

Imagine the harm that will be done to brands like Adidas, Marlboro and Prada if they where to be considered responsible for hunting down a generation of young people on the internet!

If I where in their shoes – I would use all my influense to get all references to file sharing, internet filtering etc. out of the ACTA trade agreement. Anti counterfeit, yes! Hunting file sharers, no!

Brands and counterfeit vs. file sharing

In the EU, the word "piracy" is often used both for counterfeit goods and for file sharing. Naturally, this is a deliberate way to confuse the discussion.

The Pirate Party has no problems with brands, as they give consumers important information. And we are against counterfeit of goods. Counterfeit infringes on the brand. And counterfeit goods are usually poorer and sometimes plain dangerous. People have the right to know what goods they are buying and who the producer is.

The Pirate Party is also pro non commercial file sharing between private individuals.

From our standpoint, everything becomes strange and wrong when the EU tries to confuse counterfeit with file sharing. E.g. in a communication from the EU Commission, practically all the text is about counterfeit - but still everything boils down to measures to prevent file sharing. The Commission ought to know better.

Swedish Pirate MEP, Christian Engström, spent this morning in the European Parliaments committee on legal affairs to try to get people to grasp this.

This is also an important distinction when it comes to the ACTA trade agreement - that also tries to bundle counterfeit with file sharing.

[In Swedish]

EU Telecomspackage: Update

Some updates on the EU Telecoms Package from the blog of Pirate MEP Engström:

Landmarks in the Telecoms text

Telecoms Package quick FAQ

Might be useful.

EU Telecoms Package: We might have won...

Press Release from the Swedish Pirate Party

EU negotiations on Telecoms Package completed

Earlier this night there was an agreement in the negotiations on the EU Telecoms Package.

First of all, it is notable that the European Parliament delegation stod up and managed to maintain support for the principle that Member States should not be allowed to disconnect people from the internet without prior judicial procedure. This is more than most people expected when the meetings began Wednesday evening.

"It is a plesant surprise that the European Parliament stod firm on this principle. This is a direct result of the hard work by thousands upon thousands of Internet users. They have contacted their politicians, networked on blogs and raised media attention on this issue. Without them, there would have been no progress on this in political circles" Cristian Engström, Swedish Pirate MEP, says.

Until the very last minutes of the negotiations in the EP delegation, there was a discussion about Member States possibility to cut people of from the Internet without prior judicial procedure. This will only be possible in situations of extreme national emergency (European Convention, article 15). There hould be no possibility to use this legal framework to disconnect e.g. file sharers from the net.

If a Member State wants to cut citizens of from the net in other cases (like in France), this must be under strict rules respecting citizens rights. The judicial procedure shall be prior to the measures taken. It should respect the principle of presumption of innocence and the right to privacy. This must be done with respect for general principles of Community law, including effective judicial protection, due process and the right to be heard of the person or persons concerned. All measures must respect the European Convention for the Protection of Human Rights and Fundamental Freedoms.

"I think it would have been very difficult to get a text with a wider protection of citizens rights. It is possible that the text now at hand is more far reaching in this respect than any other that have been discussed. But still, I must stress that we think it is wrong for governments to cut people of from the Internet at all" Christian Engström concludes.

The European Parliament will confirm this agreement in a vote at its' November session.

More information:

The final text is to be found on Christian Engströms blog.

There you can also find the different proposals and posts about the negotiation process this autumn.

More information:

Christian Engström (PP), MEP, The Swedish Pirate Party
+46 706 633 780

Rick Falkvinge (PP), leader of the Swedish Pirate Party
+46 708 303 600

Henrik Alexandersson at MEP Engströms office in the EP
+32 484 088 770 (mobile) or +32 228 47368

[In Swedish]

(Please excuse any misspellings and / or half-baked language, as this is translated at 4.30 in the morning from a material that is partly in legal English written by people from many different countries.)

EU Telecoms Package: New meetings today

Press Release from the Swedish Pirate Party, November 4:th 2009

EU: Negotiations on the EU Telecoms Package tonight

Our line is that the principles of "amendment 138" must be defended. This is to say that Members States should not be allowed to cut people of from the Internet (if any MS decides on such measures) with less than a prior, fair trial in a court of law.

In this process there are many proposals, compromises and ideas flying around. The Swedish Pirate MEP Christian Engström says...

"Right now it is essential that the European Parliament stays with the core values of amendment 138. We would like to stick to amendment 138, more or less in its original form. But we have conflicting judicial advice about that possibility."

"A key issue is if we will be able to stop French Hadopi-laws and British Mandelson-measures. If the text negotiated do not do this, we cannot accept it."

"I am worried that other MEP:s in the delegation might be willing to compromise. Or that they will give up, exhausted. We call upon them to focus on the principle that the European Parliament at several occasions has voted for - that government should not be able to punish people without a fair, prior trial. This is also fundamental for a democracy respecting rule of law" Engström concludes.

Also see Christian Engströms blog:

http://christianengstrom.wordpress.com/2009/11/02/telecom-package-meetings-on-wednesday/

Time table:

7 p.m. tonight, Wednesday, the European Parliaments Delegation to the Conciliation Committee on the EU Telecoms Package will meet.

8 p.m. there will be a Trialouge Meeting (leaders of the EP Delegation, leaders of the Councils delegation and representatives for the Commission).

After this there will be a brief report from the Trialouge to the Delegation.

9 p.m. there will be a meeting with the full Conciliation Committee (27 from the EP, 27 from the Council and represenatives from the Commission). At this meeting the EU-Precidency will be represented by the Swedish Minister for Infrastructure, Åsa Torstensson. Commissioner Vivian Reding will also be present.

Or - if the negosiations get stuck - there will be another Trialogue Meeting at 9 p.m.

Thursday morning at 9 a.m. the Delegation leaders from the EP, Torstensson and Reding will hold a press conference.

Thursday at 10 a.m. the Green Group in the EP and Swedish Pirate Party will hold a press conference. (Both press conferences are to be held in room PHS 0A050 in the European Parliament in Brussels.)

Contact details:

Christian Engström (PP), Swedish Pirate MEP, +46 706 633 780.

Rick Falkvinge (PP), leader of the Swedish Pirate Party, +46 708 303 600.

Henrik Alexandersson at MEP Engströms office in the EP, +32 484 088 770 (mobile) or +32 228 47368.

[In Swedish]

EU Telecoms Package: Flying a kite

On Pirate MEP Christan Engströms blog - you will find an sketch for a text to the Conciliation Committee. It´s just an idea. Please give feedback.

Can it be that simple?

EU Telecoms Package: The week ahead

Tomorrow evening (Wednesday) there will be a new round of negotiations on the EU Telecoms Package. First there will be a meeting with the European Parliaments delegation to the Conciliation Committee. Later on, we will probably have a full Conciliation Committee meeting (27 from the EP + 27 from the Council + Commissioner Reding + Swedish Minister of Infra Structure, Åsa Torstensson).

I have a feeling they want to wrap things up tomorrow. But there is no reason to stress this through or to take desissions without proper analysis. According to the rules we have until the end of December for this process.

Our (Swedish Pirate Party and the Green Grp.) position is that the core values of  the famous amendment 138 shall be kept. (Not allowing Member States to cut people off from the Internet with less than prior ruling in a Court of Law.)

For every suggestion or compromise presented, we must ask: Will it open up for Hadopi laws (like in France) or Mendelson-measures (like the ones proposed in the UK)? If they do, we cannot accept them,

And a central point is the fight about the word "prior" - that the Council seems to refuse to accept.

The Councils lates proposal for a compromise (that is a bit dogy and that not include the word "prior") can be read on Pirate MEP Christian Engströms blog. Please do and give him feedback.

(Here in the EP interest from the media is rapidly increasing. Wednesday will be hysterical. The meetings will start at 7 p.m. and might continue into the night. I and Christian will try to keep you updated as much and as soon as possible.)

[In Swedish]

An other take on Net Neutrality

The Daily Show With Jon Stewart	Mon - Thurs 11p / 10c
From Here to Neutrality
www.thedailyshow.com
Daily Show Full Episodes Political Humor Health Care Crisis

EU Telecoms Package: The week ahead

Wednesday (Nov 4:th) there will be another round of negosiations on the EU Telecoms Package.

Some seems to expect this to be a speedy affair. Swedens minister of infrastructure Åsa Torstensson (representing the Swedish EU Presidency) and EU Commissioner Vivian Reding have anounced their presense. And thursday morning the leaders of the European Parliaments delegation to the Conciliation Committee on the EU Telecoms Package will hold a press conference to 9 a.m. The boot in our face?

Wednesday afternoon begins with strategy talks in the political groups in the EP. 7 p.m. the EP delegation will meet. 8 p.m. there will be a trialogue meeting (leaders of the EP and Council delegations + the Commission). And at 9 p.m. there will either be a new trialogue or a meeting with the full Consoliation Committee (27 from the EP and 27 from the Council). (This might take a while. Make some sandwiches and put the kettle on.)

I suspect that the European Council expects this whole affair to be wraped up this week. But there is no reason for the parliament to rush things. The consiliation rules give us until the end of the year to handle this matter.

[In Swedish]

Shift happens

Rumors about the EU Telecoms Package

Reports in international media suggest that the European Parliament have backed down from the famous amendment 138 to the EU Telecoms Package. (The one demanding prior ruling by a court of law if any member state starts disconnecting people from the internet.)

This is not my picture of what is going on. Yes, the EP delegation to the Conciliation Committé on the EU Telecoms package did support a rather messy compromise text on its´ last meeting. It included "prior", but was vague on what kind of judicial instance to use and had other elements that where both promising and sneaky.

(The Swedish Pirate Party, the Greens and the leftist group did not clear this text. First of all, we did not get it in writing and where supposed to decide upon it after a oral review. This is not a serious way of law making. We are also suspicious when it comes to several elements in the text. So we have stated that we expect the delegation to uphold the essence of 138.)

And, as we suspected, this text crashed and burned in the Trialogue meeting with the leaders of the EP delegation and the Council. (E.g. did the Council take "prior" away and at the same time it suggested more reasons for suspending people from the net.) I find this very hard for the EP delegation to swallow.

Now, we are waiting for the Council to elaborate on the preliminary compromise text from the Trialogue, above. But we know that there have been disagreement on this in Coreper (the body that prepares dosiers for the European Council).

But there is, as you can se, no agreement on anything at the moment.

The Council do not accept the EP proposal. The EP delegation will not be able to accept the preliminary Council proposal. There is disagreement in Coreper. And in the EP the Pirates, the Greens and the left sticks to 138 for as long as possible. At least until we get something that is better.

This means that it is far to early to say anything about anything. If something at all have changed, I would say that the level of disagreement has rised.

Wednesday next week the EP delegation will meet again in the afternoon. And in the evening there will be a full Conciliation Committé meeting (EP and Council). This is the first CC meeting. And until then, we have nothing like an agreement. No common ground. And I doubt that we will afterwards.

This far, all we have is disagreement betwen the institutions, in the Council and in the EP delegation.

But it is quite clar that someone is trying to spin this. In a press release the Swedish EU Presidency, earlier this week, described the talks as "open and creative"...

[In Swedish]

It´s not just about filesharing...

A note on the European Councils draft compromise proposal from last weeks trialogue about the EU Telecoms Package. It discusses cutting of users from the Internet (and other measures) in these terms...

"...authorising the measures to be taken and to adopt urgent measures in order to assure national security, defence, public security and the prevention, investigation, detection and prosecution of criminal offences."

Interesting. So, this fight is not just about filesharing anymore.

Disconnection from the network (and other "measures") can be applyed to a long series of cases. Remember that legality is different, in different EU countries. And that there are a few strange laws. The EU Framework Decision on Racism e.g. says that one may not deny genocide. (It does not, however, apply to all genocides. Just some.) In France it is especially illegal to challenge official historical records on the Turkish genocide of Armenians. In many countries, gambling sites are prohibited. In some places information about medicine is prohibited. In Lithuania, one can not write positive things about gays. The laws about pornography varies between countries. The rules governing the advertising of alcohol and tobacco are also different. And many things that are on public record in countries like Sweden is illegal to publish in other places.

Feel free to fill in with more examples in the comment field. I just listed a few from the top of my head.

Internet might become seriously regulated. People might be disconnected from the Internet for many different reasons. And what other "measures" the Member States and EU have in plan, one can only imagine.

Add to that the European arrest warrant, which allows for pepole to be extradited to other countries for acts that are not criminal in their home country. So what happens if a Swede start a French blog, questioning the Turkish genocide of Armenians? If a Spaniard starts a gay porn site that turns to a Lithuanian audience?

(A few years ago Swedish online gambling company Unibet's CEO Petter Nylander was arrested in Holland, when he was on his way to England - and called for extradition to France. Among other things he was accused of having sponsored a French bike race, which is in violation of French gambling laws.)

And if the "mesures" mentioned are to be deployed, it also mean that the possibility to be anonymous on the net will have to be removed.

So, it is not just filesharers who should defend amendment 138 to the EU Telecoms Package - stating that governments can not decide to cut people of from the Internet (or other similar measures) without a prior ruling by judicial authority.

Not unexpected, in the European Councils draft compromise proposal, quoted above, the word "prior" is deleted...

[In Swedish]

Telecoms Package: Council divided?

Yesterday, friday, there was an Coreper-meeting in the EU. (Coreper is the body that prepares dosiers for the European Council.) One of the points on the agenda was the EU Telecoms Package.

I have first hand information that the meeting was much longer than planned. According to my source, it was the Telecomes Package that caused a lengthy debate. This suggests disagreement in the Council on this issue.

This fits well with information that I have recieved earlier. The word is that UK is now the driving force for member states "right" to cut people off from the Internet. They even seems to be more eager on this than the French.

To be continued.

[In Swedish]

The EU Telecoms Package

Meeting on the Telecoms Package, EP Strasbourg.
Photo: Christian Engström, MEP.

My MEP, Christian Engström of the Swedish Pirate Party, is one of the members of The European Parliaments delegation to the Conciliation Committé on the EU:s Telecoms Package.

This means that I am in the meetings on this dosier. I can tell you that it is an interesting and somewhat disturbing experience.

Read some of Christians blogposts on what have occured: Chaotic delegation meeting on the telecoms package | An insult to the Parliament | The Hadopi test for the Telecoms Package

I also recomend you to read Monica Hoortens blog. She has a scientists way of looking at this process. Read her blog posts and her paper "The Telecoms Package - a licence to chill".

I´ll try to keep you updated as the process develops...

Back in Business

This blog has been sadly neglectd by me for some time.

But now it will be up and running again.

From this sommer I work with the Swedish Pirate Party in the European Parliament. And as I have lots of information about freedom on the Internet, EU Big Brotherism etc. that is interesting for an international audience – I will now run this blog alongside my Swedish one.

Welcome back!

The EU Commission on democracy

This interview on BBC Newsnight – is a modern classic. The EU Commissions vice president Margot Wallström tries to explain why ignoring the Irish no to the new EU Treaty is the right and democratic thing to do...



Below you will find a transcript, whith the quotes that ought to haunt Ms Wallström...

GE = Gavin Esler, BBC Newsnight
MW = Margot Wallström

GE: ...and I'm joined now from Brussels by Margot Wallström, vice president of the European Commission. And your boss, José Manuel Barroso said that the treaty isn't dead, the treaty is alive. Can you explain to voters what they have to do to kill it?

MW: (3s pause) I think, first of all, if we are serious about democracy I think we have to understand why the Irish people voted no. That must be, sort of, the first stage, and this is what the Irish, and what we will contribute to, to do until the heads of states and governments meet.

GE: Presumably they voted no because they don't like the treaty, but you boss is saying...

MW: Well, you don't know that!

GE: ...will go on. I'm just asking you: what would they have to do not to have it?

MW: I think you just have to find out and that the Irish government will make the analysis and we will also, through the Eurobarometer, try to find out more.

GE: ...but are there anything?

MW: ...exactly as we did after the French and the Dutch votes as well. And the answers were very different actually, if you compare what the voters in France and in the Netherlands said, so thats the...

GE: Well they said no! ... but is there anything voters could do...

MW: ...first stage and then they'll have to discuss what to do.

GE: But is there anything voters could do to get rid of this treaty? ...in a democracy?

MW: In a democracy, then you listen to the concerns, and you see is there anything we can do to meet those concerns? What, exactly, was it that they were worried about and made them say no?

GE: ...but you see...

MW: And the political leaders have invested so much political capital and time and energy to try to get a new machinery, to make the EU work better. So ofcourse they will not give up easily. They will try to find...

GE: ...right...

MW: ...a way forward because we need to make it more democratic and more open... and more effective.

GE: ...but do you see, the fundamental problem here is that many voters throughout Europe think that the EU is an undemocratic imposition. And they don't object to membership of the EU, they just object to the way it's been run and things are imposed on them. And when voters say no you say we gonna go on and on and try find a way to make you say yes.

MW: No. I think that what we have done here is ofcourse that member states decide themselves on how they want ratify a new treaty. All the leaders have ofcourse signed up to this particular treaty and in Ireland, according to the national constitution, they have to have a referendum. And if there is 18 member states having said yes...

GE: Without asking the voters!

MW: ...and one member state said no, then I think all member states will want to have a say in all of this and ofcourse you have to analyze why there was a no. Is there anything we can remedy? Is there anything that can be corrected? And that analasis has to take place first of all.

GE: But to go back to the point: for the voters, the only voters that have had a say on this treaty. The only ones, the Irish voters. Very intelligent, very well informed people. Quite a big turnout. They said no and yet the process still goes on. So therefore... That is absolutely what people mean by the democratic deficit.

MW: But lets leave it to the leaders to discuss whats to do in a situation like this. And remember, the problems, they have not gone away because the Irish have said no. The problems of a european union with a democratic deficit, with a number of new challenges, with 27 member states and not 12, and with a machinery that was designed for 12 and not 27 the problems have not gone away. And this is still what we expect our political leaders to tackle. If we want to be effective fighting climate change or dealing with high oil prices then we better equip the European Union to do that. Effectively and more democraticly. And that was the starting point of this whole discussion and I think thats where we have to focus our efforts right now.

GE: Ok. Margot Wallström, thank you very much for joining us from Brussels.

Feel free to spread this transcript.

Tax Havens

The Democratic Deficit revisited

A few weeks ago the European Parliament voted on the Telecoms Package.

At the last minute the EP managed to stop parts (created by the copyright lobby) of the package aimed to filter the internet and to close down internet access (without judicial process) for people engaged in e.g. file sharing. So far, so good.

Now, it turns out, the European Commission seems to have removed all references to this EP-decision in its working papers – preparing the Telecoms Package for a second reading in the EP or an OK in the Council. This we where not supposed to know. But the document leaked out...

It is not to bold to guess that this is the work of the French EU presidency and its friends in the copyright lobby. They simply will not take no for an answer. Not even a clear no from the EP.

(Personally, I am pro copyright. But I will not accept mass survilance, limitations in citizens rights or give up the freedom of the internet. And I think it is a really bad idea to use laws to save an outdated business model.)

Read more and find the relevant links at icmpecho.com.»

Gordon Browns Downfall, Part 2

Gordon Browns Downfall

Lex Orwell: Wiretapping Sweden

The web documentary Wiretapping Sweden, about the new Swedish survilande law, is now on the net. See it above or at www.wiretappingsweden.com.

Lex Orwell, part 2

Per Bylund is writing about the new Swedish surveillance law on Lew Rockwell.com.

Lex Orwell

Sorry about the relative silence on this site.

You get kind of paranoid in these days when the government is trying to legally break into your mailbox. The debate on "national security" and integrity has been enourmos the entire summer, in the UK, in Germany and especially in Sweden.

As for myself, well I'm now being investigated for espionage for taking on the government on the new Swedish snoop law – "Lex Orwell".

My doings have resulted in some international media. Please read the full story by Einar Du Rietz at Center for the New Europe and in The Local...

CNE 1 | 2 | 3
The Local 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10

Tax Competition