. __ . on Thu, 6 Mar 2003 19:01:23 +0100 (CET) |
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Re: <nettime> Re: no comment department |
Forward of thethe discussion about the same topic in widdershins... and as I said down there, the future may not be so dark as we fear ;-) You should never forget, that the EU is in the end a baby compared to all the other states... there are a lot of things going on incredibly fast and with each problem, be it the passenger data (where the EU finally reacted and decided not to support sharing all the data but advised companies to wait till a system in conformity with the EU data protection is up and running) or the recent crisis with Iraq... the EU is learning and fnotes the problems and possible solutions so that they will hopefully not be made again... The NYT article also shows that the media often does not grasp the real problems in a document and focusses on the wrong ones :( while there certainly are problematic articles in the EU proposals for new CyberLaws I would see them not in this unintented but spectacular case but more in the domain of data protection and data sharing... Cheers, g #### On Wednesday, March 5, 2003, at 12:25 PM, Alexandra Samuel wrote: >Thought this story from todays New York Times would be of interest. >Have folks heard more about this legislation? No, but I did some digging... Council of the EU: 2489th Council meeting on Justice and Home Affairs, Brussels, 27-28 February 2003, items discussed on 27/2/2003 (provisional version) @ http://ue.eu.int/pressData/en/jha/74719.pdf Proposal for a COUNCIL FRAMEWORK DECISION on attacks against information systems (presented by the Commission) @ http://europa.eu.int/comm/internal_market/en/media/condac/backgrnd/ com2002-173/com02-173_en.pdf >RUSSELS, March 4 The justice ministers of the European Union have >agreed on laws intended to deter computer hacking and the spreading of >computer viruses. But legal experts say the new measures could pose >problems because the language could also outlaw people who organize >protests online, as happened recently, en masse, with protests against >a war in Iraq. A closer reading of the above documents might indicate that this is not strictly true. The unnamed legal experts were probably referring to Framework Decision Article 4 "Illegal interference with Information Systems". A Denial of Service attack is illegal regardless of whether it is performed by protesters or terrorists, however last Wednesday's virtual march was not a Denial of Service attack. Indeed, the transmissions were organized specifically so that there would be no interference, only a higher volume than one would usually expect. The articles also include language with respect to intent and right, so I suspect actions in the EU similar the US virtual march will not have to fear for this agreement. #### Another viewpoint - the same outcome... this EU-Law has to be ratified in national parliaments to get in effect. A law outlawing democratic expression of opinion would not be passed in the national parliaments, because it would collide with the rights granted by national constitutions etc and a violation could be appealed to national supreme courts and the EU-court. I think this was more an oversight than an intent to criminalize democratic action... this could also be proven by taking into account the stenographic protocols of the discussion about this law - the court would then be enabled to decide in the "spirit" of the law and not by the mere meaning. So, the future might not be too dark, cheers, g i #### At 17:54 05.03.03 -0500, Martin Lucas wrote: >After the largest anti-war march in history I guess they couldn't be >expected to leave it alone. <...> --- Outgoing mail is certified Virus Free. This Anti-Virus Program seems to be very good, However, I cannot be held responsible for any damages caused by Viruses which evaded the scan. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.459 / Virus Database: 258 - Release Date: 25.02.03 # distributed via <nettime>: no commercial use without permission # <nettime> is a moderated mailing list for net criticism, # collaborative text filtering and cultural politics of the nets # more info: majordomo@bbs.thing.net and "info nettime-l" in the msg body # archive: http://www.nettime.org contact: nettime@bbs.thing.net