Letters | Sunday, 06 December 2009

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Debating the new EU telecoms package

After two years of often bitter debate, the European Parliament approved a raft of new telecom laws on 24 November.
Majority support for the package was achieved after the Parliament reached a compromise with national governments earlier this month on the controversial issue of illegal file sharing over the Internet.
The laws are designed to give European citizens cheaper telecom services, more privacy and a faster Internet.
Incumbent operators will be forced to compete fairly with smaller rivals or face. An EU regulatory authority will be able to intervene if it is dissatisfied with how national regulators police their markets.
Consumers will be able to switch fixed or mobile operator in one working day while keeping their number; they will have the right to be better informed about the services they subscribe to; and have the right to be informed about data breaches from their telecoms operator. Operators must also give consumers the option of signing a contract which lasts no longer than 12 months.
With regard to file sharing, those suspected of illegally sharing copyright-protected content over the Internet will be assured the right of defense and the assumption of innocence rather than being summarily cut off from Internet access. A prior fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with European Convention for the Protection of Human Rights and Fundamental Freedoms. Today, for example, the French Hadopi law does not fulfill this criteria as since it does not include the right to be heard of the person concerned.
This last point nearly derailed the entire package a few months ago, when the Parliament tried to insert a safeguard for consumers that would have forced national authorities to seek a court order before cutting off a file sharer.
A new pan-European telecom regulator, equipped with veto powers over its national equivalents, will help ensure that all 27 countries in the E.U. play by the same rules. The new agency, called the body of European regulators of electronic communications (BEREC) will be able to overturn a decision by a national regulator if they believe it unfairly favors the former local monopoly. It will share this veto power with the Commission. BEREC will be established in spring next year. EU member states have 18 months to transpose the new laws into their national statute books.
Clear rules on the use of cookies, files placed on Internet users’ computers by web sites they visit are also welcomed. The EU legislature kept the existing opt-out regime for cookies (meaning that users can deny a cookie) and improved it to the benefit of Internet users.
As this telecom package is an EU directive, it only has effect if the member states follow it. It is now up to activists on the national level to make sure that the governments of their respective countries do so.

Henrik Piski
Spokesperson for IT,
Alternattiva Demokratika

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