EC, Parliament Still Divided on Telecom Reform Package
European Parliament negotiators are betraying their colleagues and constituents by considering a European Commission proposal said to water down a provision in telecom reform legislation barring governments from terminating Internet access without a prior court order except in national security cases, digital rights activists said last week. ISPs also decried the language allowing states to deny due process prior to Internet termination for, among other “urgent” reasons, the prevention, detection and prosecution of crimes, saying it risks expansion of the French anti- piracy “three-strikes” regime throughout Europe.
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In May, lawmakers blocked approval of the telecom reform package by adopting the Internet access measure known as Amendment 138. Governments officially rejected the text on October 6, a European Parliament Industry Committee spokeswoman said. The Council and European Commission have since offered several compromises now being discussed by the parliamentary delegation, she said. However, a Council spokeswoman said the only text in play is the one offered October 6 by the EC. The discussion now is about how far compromise language can go to give a strong signal for fundamental rights -- including online freedom of information -- while respecting individual countries’ legal systems, constitutions and courts, they said.
EU lawmakers overwhelmingly approved Amendment 138, and ISPs “believe that unrestricted access to the Internet is an integral part of fundamental freedoms” that provide a secure business environment and protect civil liberties, the European Internet Services Providers’ Association said October 16. French citizen advocacy group La Quadrature du Net co-founder Philippe Aigrain said the new proposal could authorize governments to make exceptions to the right to due process before disconnection.
Parliament’s “credibility is being fatally undermined” just as it is about to be given a stronger role defending citizens’ rights [in the new Lisbon treaty], said Open Rights Group Executive Director Jim Killock.
Informal talks between parliament and the Swedish EU Presidency continue October 22, the council spokeswoman said. A decision on convening a formal meeting of the entire conciliation committee -- 27 lawmakers and 27 council representatives -- in November will likely be made this week, the committee spokeswoman said. It’s looking “rather positive” for an agreement by the end of the year, the EU sources said. If that happens, there could be a final vote on the telecom package by February and the new rules would become effective in April, they said.