jus and bits

We already had occasion to speak in this post of EUPL, namely the European Union Public License and the Open Source front continues its journey, so that was issued in March (but with an update to June 2010) guidelines for the Public government concerning the acquisition of open source software.

The document containing the guidelines is mentioned on this portal OSOR.EU (acronym for Open Source Observatory and Repository Europe), which provides a platform for exchange of information of public administrations. In particular you can download it from this link .

The introduction of the document is explained as follows:

This Practical guideline shows how open source software can be Acquired by public agencies. It Also Describes how to prosecutors to open standards compliant software. It is Meant to be read by IT managers, policy makers and procurement officers, Including without too much legal detail or analysis, Which Are Provided in an annex.

Something is changing?

Particular relevant adotatto is the action plan by the European Commission. The details are given in the press release on the European digital (35) issued today by which we learn a total digital program major.

The Agenda indicates seven priority areas for action: creating a single market of digital, wider interoperability, greater confidence in the Internet and its security, a much faster internet access, most sizable investments in research and development, improvement of literacy and digital inclusion, the use of information technology and communication to meet the challenges that society faces such as climate change and population aging.

In particular, these are the seven major objectives:

A new market to exploit the benefits of the digital age

Citizens should take advantage of commercial services and products of cultural entertainment on a transnational basis. But the EU markets are still segmented by barriers that prevent access to telecommunications and digital services and content offered on a European scale. The number of songs downloaded in the U.S. is currently four times higher than the EU, which has fragmented markets characterized by a lack of legitimate offer. The Commission intends to open up access to legitimate content on the network by simplifying the existing mechanisms of release of copyright, cross-border issuance of licenses and rights management. Other measures include the facilitation of payments and electronic invoicing and streamlining the dispute resolution network.

Improve the specification and interoperability of ICT standards

To facilitate creativity, innovation and aggregation by citizens, we need ICT products and services open and interoperable.

Improve the level of trust and security

Europeans will not have recourse to technologies which do not trust - should feel comfortable and safe when accessing online services. A better coordinated European response to cyber attacks and stricter rules on the protection of personal data are part of the solution to this problem. Potentially, the shares could also oblige the website operators to inform users of any security breaches involving their personal data.

Increasing access to fast internet and super for European citizens

The goal for 2020 is to offer Internet access at speeds equal to or greater than 30 Mbps to all citizens, and connections to 100 Mbps and more than half of European households. Today, only 1% of EU citizens have access to high speed networks with optical fiber, compared to 12% of Japanese and 15% of South Koreans (see attached table). The superfast Internet is a prerequisite for strong economic growth, for creating new jobs and prosperity, but also to ensure that citizens can access content and services they want. The Commission will explore, among other things, ways to attract funding for the development of broadband networks through credit enhancement mechanisms and provide guidance on how to encourage investment in optical fiber networks.

Increasing the cutting-edge research and innovation in ICT

Europe must invest more in R & D and the market should facilitate the materialisation of the best ideas produced in Europe. The Agenda aims, inter alia, to increase private investment funds with European regional and increase EU funding for research so that Europe can keep up with competitors and even overtake. EU investment in ICT research are less than half those of U.S. (37 billion euros against 88 billion in 2007). Providing all citizens digital skills and services available online

Over half of EU citizens (250 million) connects to the Internet every day, but another 30% has never done. Everyone, young and old, and regardless of social origin, are entitled to access to knowledge and skills necessary to join the digital age, as now, and ever greater extent, trade, public services, social and health, education and politics are available online.

Exploiting the potential of ICT for the benefit of society

We must invest in the use of intelligent technology and the exploitation of information to find solutions that reduce energy consumption, supporting an aging population, allowing patients to have a greater role and improve access to the network of people with disabilities. One objective might be to allow patients to consult medical records wherever they are in Europe, 2015. The Agenda will contribute to the development of ICT voted to save energy, such as solid state lighting technologies (Solid State Lighting SSL) that uses 70% less energy than traditional ones.

Making a European strategy for digital

The greatest challenge is to ensure the adoption and timely implementation of measures necessary to achieve the objectives listed. Several commissioners will work together with EU institutions and with stakeholders to transform the digital agenda into action.

Source: Europa

Yesterday the European Parliament started to discuss the issue on the SWIFT network. From the press release of the European Parliament reads:

In the debate in the House of Representatives majority political group reiterated concern at the shortcomings in data protection and remedies of the Interim Agreement on the transfer of banking data to the United States-through the SWIFT network. For the EPP "the Council has given some encouraging signs, but no more." S & D, ALDE, Greens and GUE are clearly opposed to the agreement, while the ECR has said they needed more time to reflect.

The vote is scheduled for this morning.

Source: Europa

The telecom package approved in December in Europe has also established BEREC that the abbreviation of 'Body of European Regulators in electronic communications. BEREC comes into operation today although the telecoms package will be in place by June 2011.

Viviane Reding, EU Commissioner for Telecommunications, said "The creation of the new European body is a milestone for telecommunications in Europe. All institutions, Parliament, Council and Commission have agreed on the need to create this new body for the European telecommunications market. BEREC help national regulators and the European Commission to establish consistent rules and a level playing field across the EU, to strengthen the European telecoms services, rapidly changing in areas such as mobile Internet connections, and boost recovery economic activity in Europe. "

From the press release:

BEREC is composed of leaders of 27 national telecommunications and is assisted by an office that provides the necessary professional and administrative support. Most decisions will be taken to two-thirds majority and simple majority in the case of opinions requested to BEREC in the analysis of the measures notified to the Commission by rational rules.

BEREC replaces the "European Regulators Group" which brought together national regulators and could only work by consensus, without being involved in the regulatory process at EU level.

Source: Europa

As you know January 28th is celebrated Data Protection Day. In Europe there have been events in celebration of the fourth edition of this event (I had to participate too).

The intervention of Commissioner V. Reding has been particularly important and interesting because they have been spelled out the actions it intends to adopt the Commission's privacy. Reding said that "intends to propose an update of EU legislation on privacy, the general rules (Directive on Data Protection), in force since 1995 with the specific rules relating to the areas of Internet and telecommunications (e-privacy rules ).

Speaking at the European Parliament has established interventions are:

- It 's necessary to clarify the practical application of certain rules and principles (such as consensus and transparency);

- We must ensure that personal data are protected regardless of where the controller.

- We need to promote Privacy Enhancing Technologies (PET) with the introduction of new principles of evolution (such as 'privacy by design').

- We need to strengthen enforcement and

- We need to incorporate the basic principles of data protection to cover all areas of EU competence, including police and judicial cooperation in criminal matters and external relations.

Reding negative impressions of the body scanners.

Actually it comes from time to change the framework on privacy, taking account of how technological change has also affected the private lives of citizens.

It will then wait to see what proposals will be presented.

Meanwhile, the press release:

During today dedicated to the protection of personal data, the European Commission stressed the need to update the rules on privacy to keep pace with technological developments and ensure the privacy, legal certainty and the adoption new technologies.

...

The Commission today announced that, now that the Lisbon Treaty and the Charter of Fundamental Rights came into force, aims to develop a clear and modern legislation applies throughout the EU to ensure a high level of protection of personal data and privacy. The first step in this direction will be a reform of direttivaUE of 1995 on protection of personal data.

Source: Europa

The topic on the CD package is not easy Telecom and its treatment was also particularly complex. The crux of the restriction of Internet access. Not intend to quibble here about the nature of the right to access to the Internet that some Members have considered a right fondametale.

The preamble to the press release reads:

Access to an Internet user will be limited. But only if it is deemed necessary and proportionate and be completed after a fair and impartial process that takes into account the right of the Interior to be heard. And 'On this basis, Members and representatives of the Council reached a compromise on the last knot of contention on the telecoms package

Indeed, beyond the demands of Parliament to refer the limiting Internet access to the court, in the end we came to a compromise solution based on the difficulty of harmonizing the individual national laws on telecommunications ( this falls outside the jurisdiction of the Commission).

The compromise solution is to avoid the harmonization of national laws. As a result, the principle of presumption of innocence and respect for privacy and the European Convention for the Protection of Human Rights and Fundamental Freedoms, is nevertheless introduced the principle of prior and impartial court procedures about limiting access to Internet.

Furthermore, it is planned to create a body known BEREC that will be responsible for

improve the functioning of the internal market of networks and electronic communications services. This body would have a board consisting of the 27 national regulatory authorities, plus a representative of the Commission as an observer without voting rights. BEREC issue opinions and recommendations to the Commission and, upon request, provide assistance to Parliament and the Council for the implementation of regulatory framework for electronic communications.

Within the telecom package includes a directive with the purpose of providing protection for consumers on telecommunications.

The next meeting is scheduled for November 23 to 26 at which to be voted on legislation. Amendments will not be possible but only approval or rejection

At first it seems not a bad solution, obviously must look at how this will work BEREC; with regard to limiting access to Internet will be interesting to see what repercussions - including interpretation - will have the Directive in individual Member States and how to concretely apply.

Source: Europa

From 1 / 11 / 2009 can be charged on account of invoices issued by entities other EU country. Reported that this is the site of the European Commission with further useful links (the latter in English, French and German).

Source: Europa

On October 27 next at the Berlaymont will start the first conference which will take place on 28 and 29 to launch the 'European Year for Combating Poverty. On this subject the Commission has even enabled a portal ad hoc http://2010againstpoverty.eu outlining the activities at European level. Event of October 27 will see the presentation of results of the Eurobarometer survey on poverty.

It 's already available for download at the mentioned website, the " strategic framework document "priorities and guidelines for the activities of the Year 2010.

In the introductory part of that document reads:

The European Union and its Member States are strongly committed to addressing the scourge of poverty and social exclusion. The Social Agenda 2005-2010 the Commission has designated 2010 as European Year for Combating Poverty and Social Exclusion in order to reaffirm and strengthen the initial political commitment of the EU at the start of the Lisbon strategy to "give a decisive impact on poverty. " The endorsement of the European Parliament and the Council of the Year 2010 issue was published in the Official Journal L 298 7.11.20081.

The international economic and financial crisis of 2008 may have long-term consequences for growth and employment in the EU and will be the most vulnerable in our society is likely to suffer more. The European Year of combating poverty should therefore have a crucial impact in raising awareness on social exclusion and promote active inclusion because no country can escape the consequences of this global crisis.

They also mention the following objectives:

• provide practical guidance on the activities of the Year;

• ensure that national programs are consistent with the objectives of the Year 2010 and the European Strategy for Social Protection and Social Committee3 inclusion.

They will follow the activities to assess the effectiveness of ex post, given that statements of principle are well away from the harsh and bitter reality that often require concrete solutions for those who - unfortunately - are forced, sometimes innocent, living in exceptionally difficult circumstances.

Source: Europa