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.
Dugie Standeford
Dugie Standeford, European Correspondent, Communications Daily and Privacy Daily, is a former lawyer. She joined Warren Communications News in 2000 to report on internet policy and regulation. In 2003 she moved to the U.K. and since then has covered European telecommunications issues. She previously covered the U.S. Occupational Safety and Health Administration and intellectual property law matters. She has a degree in psychology from Duke University and a law degree from the University of Tulsa College of Law.
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.
Deploying Internet and telephony services as widely as possible is “almost universal” goal of 140 countries attending this month’s World Telecom Development Conference (WTDC), State Dept.’s David Gross said Thurs. at news briefing from Istanbul. Gross, agency’s coordinator- international communications & information policy, is member of U.S. delegation to ITU Development Section conference that also includes NTIA representatives and FCC Comr. Martin, who participated in Thurs. briefing. Since Mon., Gross and other members of U.S. group have been holding information-gathering talks with regulators and telecom ministers from other nations, and more formal bilateral sessions with ministers from countries such as Cameroon, China, Mexico, Morocco, Russia, Senegal and Uganda, Gross said. Among other topics, he said, they had discussed telecom reform efforts, universal service and access, convergence and ITU reform issues. Countries such as Mexico, which are seeing convergence of different communications technologies, are facing many of same challenges U.S. is confronting, Gross said, including how to revamp traditional “stove-pipe” regulatory model. In its discussions with Mexican delegates, he said, U.S. tried to convey importance of having independent regulators to foster competition and private sector investment. However, he said, he also emphasized that while regulation was important when one player had significant market power, “regulatory light hand” was more appropriate where competition existed. With China, Gross said, U.S. discussed importance of creating effective, independent regulator as quickly as possible and reminded Chinese delegates that model for such regulatory system already existed in Hong Kong. Delegates have offered numerous proposals for WTDC activities in coming 4 years, Gross said earlier this week (CD March 19 p6). Thurs. he said proposals now had been consolidated and assigned to various committees. Martin said one U.S. proposal was to have ITU reflect more formally idea of enforcement by regulatory authorities. Proposal isn’t tailored to any specific area of enforcement, Gross added. It simply attempts to convey idea it’s not enough for regulatory body to tell parties what they should do -- it also must have adequate tools to back up its rules, he said. WTDC could lead to national policy decisions on Internet and telecom issues, Gross said. First, he said, it provides “extraordinary opportunity” for ministerial-level representatives to exchange views on telecom reform and marketing ideas that can directly affect national policies. Nature of that dialog has changed over years, he said, to point where it’s hard to find any country that isn’t now committed to privatization, independent regulatory scheme, rule of law. “They speak the language we speak now,” he said, and challenge for everyone is how to implement those goals. In addition, Gross said, some formal resolutions will result from WTDC that will lay groundwork for action at ITU plenipotentiary session later this year. That meeting could produce treaty-based set of decisions, he said. WTDC concludes next Wed.
Introduction late Thurs. of long-expected but controversial legislation that would require copyright, consumer electronics (CE) and information technology (IT) industries to craft standards for digital rights protection - - or have govt. do it for them -- brought cheers from content owners. Proposed “Consumer Broadband and Digital Television Promotion Act of 2002” (S-2048) was filed by Commerce Committee Chmn. Hollings (D-S.C.) and co-sponsored by Sens. Stevens (R-Alaska), Inouye (D-Hawaii), Breaux (D-La.), Nelson (D-Fla.) and Feinstein (D-Cal.). S-2048 would require industries to develop copyright protection standards, technologies and encoding rules within one year, Hollings said. Technologies would be incorporated in all digital media devices. Content delivered over Internet and in broadcast signals would include instructions to consumers about their ability to copy content and would bar illegal transmission of material. Devices such as TV, cable boxes and PCs would have to be manufactured to recognize and respond to those instructions. Rules to be developed would have to preserve fair-use rights for educational and research purposes and legitimate consumer copying, Hollings said. If private sector failed to come up with standards and rules, S- 2048 would require FCC to implement technologically feasible solutions in consultation with same industries.
Belgian Parliament is poised to open public debate on communications spy systems next week in move to persuade govt. to step up privacy protections. In report issued March 12, Belgian Senate intelligence and security committee and House police services panel said Belgian citizens were being spied on and recommended creating European intelligence service and barring any sort of espionage or economic spying among European Union (EU) members. Report followed -- and built upon -- resolution adopted last Sept. by European Parliament (EP) that confirmed existence of global spy network dubbed “ECHELON” but was unable to find proof U.S. was using system, said to be able to intercept satellite, fax, Internet and other communications. Nevertheless, EP recommended EU states adopt laws protecting privacy of their citizens and businesses and urged EU and U.S. to step up international rules and data and privacy protection.