The European Parliament and Council of Ministers begin formal tal...

27 council representatives, said a spokeswoman for parliament’s industry committee. Informal talks between legislators’ negotiating team and representatives of the Swedish EU presidency representatives began several weeks ago, after governments rejected Amendment 138, approved by the Parliament to ban restrictions on the fundamental rights of Internet users without a prior ruling by judicial authorities, except when public security is threatened. The new text, according to citizens’ rights advocacy group La Quadrature du Net, requires states to respect peoples’ rights in any measures regarding end-user access to e-communications services and applications or use of them. Any measures likely to restrict those freedoms may be taken only “in exceptional circumstances and imposed if they are necessary, appropriate and proportionate within a democratic society,” and they must be subject to procedural safeguards such as effective judicial protection, due process, the presumption of innocence, and the right to be heard, the draft says. Governments are free to require a prior judicial decision authorizing such actions, it says. Lawmakers have come under fire from civil-liberties advocates, consumers, ISPs and others for backing off Amendment 138 after it won overwhelming support in Parliament. The text now apparently under discussion has no requirements of “prior ruling by the judicial authorities”; doesn’t apply to content access or use, opening the door to “three-strikes” policies against digital copyright infringement; and is vague about the meanings of “exceptional circumstances” and other important terms, La Quadrature said. Alejo Vidal-Quadras of Spain and the European People’s Party, who heads the legislative delegation, said members are going into the talks “in a spirit of compromise, but determined to defend users’ rights and committed to the development of a regulatory framework that will incentivize investment and open up the market,” the committee spokeswoman said. If the talks succeed by Dec. 30, the Parliament and council will have 6-8 weeks after that to approve or reject the text, the spokeswoman said. If negotiators can’t agree, or the compromise text isn’t ultimately approved, the telecom package fails, she said. Then the European Commission will have to start over with a new legislative proposal, she said.