The Diary
Yordan's Daily Glog
<- Дневника
Добавяне на коментар
Петък, 6 Ноември 2009
Slashdot entryEU Telecom Deal Finished - No Three Strikes
a_n_d_e_r_s writes "The battle was hard, but the final text of the agreement ensures that people in the EU are not disconnected from the Internet without a chance to get a fair and impartial hearing beforehand.
The important part is: 'Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy. 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. The right to an effective and timely judicial review shall be guaranteed.'
This means that if someone is accused of copyright infringement, they can't just be disconnected from Internet. It lets the accused get a chance to disagree and take it to court first.
The urgency clause means that a computer can be disconnected if it is part of an ongoing DDoS attack. Next, this has to be implemented into the EU nations' own laws, so the final ruling on how this will be implemented is not out yet. But, overall, it looks like a great success in stopping informal three-strikes disconnections."
Christian Engström, Pirate MEP - Blog Entry
Коментар на приетите текстове от Christian Engström
Final Text:
1.3a. Measures taken by Member States regarding end-users’ access to or use of services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law.
Any of these measures regarding end-user’s access to or use of services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are appropriate, proportionate and necessary within a democratic society, and their implementation shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with general principles of Community law, including effective judicial protection and due process. Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy. and shall guarantee a 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. and tThe right to an effective and timely judicial review shall be guaranteed.
[ Добави коментар ]Добавяне на коментар
Except where otherwise noted the content of this site is licensed under a
Creative Commons Attribution-Share Alike 3.0 License.
Страницата е генерирана от Glog v3.50