As privacy advocates feared, new European Union (EU) Presidency is moving toward broader data retention obligations for telecom service providers, European Parliament Member (MEP) Marco Cappato said Wed. Cappato, co- pres. of Transnational Radical Party, was rapporteur on EP’s directive on privacy in electronic communications. He and other MEPs opposed language -- approved May 30 by Parliament -- giving member states right to authorize retention of Internet and telecom data for law enforcement purposes. At time, Cappato said Wed., key EP parties supporting data retention provision insisted it posed no threat to individual privacy. However, he said, only few days later Spain adopted new data retention rules and British govt. unveiled proposal to permit data retention without court order. “The EU Danish Presidency is now moving in the same direction,” Cappato said. In late June, incoming Presidency sent to Council of Ministers Multidisciplinary Group on Organised Crime draft conclusions on information technology-related measures concerning investigation and prosecution of organized crime. In his note, Presidency urged that “within the very near future, binding rules should be established on the approximation of Member States’ rules on the obligation of telecommunications services providers to keep information concerning telecommunications in order to ensure that such information is available when it is of significant for a criminal investigation.” And while Presidency also recommended that EU countries balance law enforcement needs against citizens’ “lawful interest in keeping their communications private,” memo fails to mention either principles of proportionality or any requirement that such retention be allowed on case-by-case basis by judicial authorities, Cappato said. Multidisciplinary group meets Sept. 16 to finalize Council conclusions, Cappato said: “It would now be interesting to see the reaction from our colleagues that accused us of alarmistic behaviour during the EP debate.”
Librarian of Congress James Billington late Thurs. rejected Webcasting royalty rates for Internet radio broadcasts recommended in Feb. by Copyright Arbitration Royalty Panel (CARP) arbitrators. Most “significant difference” between CARP’s recommendation and final decision, Librarian said, is abandonment of CARP’s 2-tiered rate structure (0.14 cents per performance for Internet-only transmissions and 0.07 cents per each retransmission of performance in AM/FM radio broadcast) in favor of single rate of 0.07 cents for both kinds of Webcasts. Billington also cut some rates for noncommercial broadcasters and reduced fees Webcasters and broadcasters must pay for making ephemeral recordings from 9% of performance fees to 8.8%. Minimum payment for business establishment services was increased to $10,000 from $500. Effective date of rates is Sept. 1. Until then, Webcasters and others with statutory licenses will have to pay royalties for all of their activities under licenses since Oct. 28, 1998, Librarian said.
U.K. Home Office Tues. withdrew controversial legislation aimed at increasing number of public officials authorized to access private phone and Internet records. Measure would have amended one provision of Regulation of Investigatory Powers (RIP) Act of 2000, which currently allows police, intelligence agencies and customs, excise and tax officials to serve so-called RIP s22 notices ordering communications service providers to divulge personal data about their customers. Draft order, which was set for debate in House of Commons next week, not only would have permitted various govt. departments -- such as health, environment, trade & ministry, and work & pensions -- to access private telecommunications data, but also would have granted access to local councils, national health service agencies in Scotland and Northern Ireland, and various other bodies. Draft law provoked firestorm of protest. In June 18 statement, Home Secretary David Blunkett acknowledged widespread concern about proposal: “It’s clear that whilst we want to provide greater security, clarity and regulation to activities that already go on, our plans have been understood as having the opposite effect.” Therefore, he said, it “makes sense to withdraw the current proposals to allow calmer and lengthy public discussion before we bring forward new plans in this field.” That discussion will take place over summer, Blunkett said. News brought sigh of relief from Foundation for Information Policy Research (FIPR), U.K. think tank for Internet policy. “These proposals were poorly considered, poorly justified and over the past week have been condemned by almost everyone outside of Whitehall,” said Ian Brown, FIPR’s new dir. “The Home Office must now tear them up and start again from first principles.” While everyone wants to see wrongdoing investigated, Brown said, handing out investigatory powers to “every bureaucrat in the land” isn’t compatible with “living in a free society.”
Less than week before controversial European Parliament (EP) vote on revisions in 1997 European Union (EU) telecom data protection directive, 2 large party blocs, Socialist and Conservative, have switched sides and will back data retention for law enforcement purposes, we're told. If EP adopts their position -- set out in amendment introduced May 23 by Ana Palacio, member of conservative EPP group and head of EP’s Committee on Citizens’ Freedoms & Rights -- it essentially would accord with “common position” adopted in Jan. by Council of Ministers, which civil libertarians say would require companies in member countries to retain data and make it available to law enforcement agencies. It also would reverse her committee’s original position, adopted last month, that personal data should be kept only for limited periods and purposes, such as billing.
Countries that back controversial cost-sharing plan on international Internet connections “may have it flipped upside down,” State Dept. official said Thurs. Proposal (CD May 23 p3), International Charging Arrangements for Internet Services (ICAIS), is likely to be issue at next week’s Asia Pacific Economic Cooperation (APEC) telecom ministerial meeting in Shanghai, China, said David Gross, U.S. Deputy Assistant Secy. of State for International Communications. ICAIS grew out of World Telecom Standardization Assembly recommendation 2 years ago that administrations involved in international Internet connections forge bilateral commercial cost-sharing agreements. U.S. is opposed to idea, however, on ground that it amounts to regulation that could hamper Internet development. Now, said Gross, U.S. has “extraordinarily good story” to tell APEC participants about how changes in Internet market over last 2 years make it essential that individual parties be allowed to decide how to connect with each other when neither has market power. Gross doesn’t see any market power issues in international arena, he said, although there may be lack of competition in certain economies. Other key issues are likely to be network security and broadband, he said. At next week’s meeting, Gross said, he, NTIA Dir. Nancy Victory and FCC Comr. Copps would hold several “substantial” bilateral meetings with Chinese delegates, as well as with Malaysia, Chinese Taipei, Hong Kong and others. They also are trying to set up meetings with Korea and Australia, he said.
Librarian of Congress James Billington Tues. rejected arbitrator’s report setting royalty rates for Internet radio broadcasting and said he would issue his final decision by June 20. Brief May 21 order said, “the Register of Copyright recommends, and the Librarian [of Congress] agrees, that the [Copyright Arbitration Royalty Panel’s (CARP’s)] determination must be rejected.”
On eve of mid-May meeting at World Intellectual Property Organization (WIPO), broadcasters Fri. said they needed global treaty updating broadcast rights. “It’s way past time,” said Ben Ivins, NAB senior assoc. gen. counsel-IP & international regulatory affairs. Evolution of Internet has made traditional broadcasters -- who aren’t covered by WIPO’s recent copyright treaties -- “increasingly desperate” about modernizing rights first addressed 40 years ago in Rome Convention, Ivins said at U.S. Patent & Trademark Office- Copyright Office copyright conference. However, he said, Webcaster broadcast rights shouldn’t be part of equation.
Bipartisan group of House lawmakers urged Copyright Office Mon. to reject proposed royalty fees for online radio sound recording performance and reproduction, saying they were contrary to intent of Digital Millennium Copyright Act (DMCA) and congressional policy not to stifle innovation on Internet. In their letter to Librarian of Congress James Billington, 13 Democrats and 7 Republicans said Webcasters were afraid copyright rates proposed by Copyright Arbitration Royalty Panel (CARP) would drive them out of business. Letter followed request by 6 Cal.-based Internet radio companies for support from Cal. delegation, companies said.
Broadband deployment isn’t race to be won by one technology, FCC Senior Adviser-Internet Technology Scott Marcus said at Wed. meeting of FCBA’s Online Communications Committee. Deployment is dependent on such factors as location, continuing incremental investment in existing infrastructure, continuing exploitation of technical skills and varying levels of technological maturity, he said. It’s not important to bring single pipe to everyone in U.S., Marcus said, and deployment will look more like crazy quilt. He said his comments were his own, and not those of his agency.
Small and medium-size businesses represent “huge digital opportunity” if they can be persuaded to buy into broadband, Undersecy. of Commerce-Technology Phillip Bond said Mon. at roundtable on broadband and business productivity. Most companies haven’t made broadband central to their operations, he said. In fact, he said, National Federation of Small Businesses (NFIB) survey found that by margin of 6-1 small enterprises didn’t see Internet as critical to their success.