61 industry associations call for reassessment of ePrivacy proposal

Brussels, 8 October 2019: 61 European trade associations, including EuroISPA, urged Member States to ask the European Commission to reconsider its proposal for an ePrivacy Regulation in an open letter.

The draft ePrivacy Regulation was proposed in January 2017. However, several questions about the essential aspects of the proposal remain unanswered. The current ePrivacy proposal has generated great uncertainty across a wide range of industries, whose efforts to comply with the General Data Protection Regulation (GDPR) risk being jeopardised by an incoherent ePrivacy text.

Therefore, while the signatories fully support the objectives of the proposal, they ask for a fresh new attempt to reassess the proposal. The arrival of a new European Commission in November and European Parliament represents an opportunity for a fresh start in the debate, which can only happen if the proposal is fundamentally reassessed in light of the many outstanding concerns, the new legislative landscape and technology development.

You can read the full letter here.

EuroISPA strongly supports end-to-end encryption and opposes calls for backdoors

Brussels, 7 October 2019: The UK, Australia, and the United States asked Facebook and other companies to delay their plans to implement end-to-end encryption across their messaging services and to provide law enforcement with lawful access to their users’ encrypted content. In this context, EuroISPA reiterates its support for strong encryption, a fundamental element to ensure cybersecurity and users’ privacy.

On 4 October 2019, high ranking officials from the UK, Australia and the USA addressed a letter to Facebook requesting it does “not proceed with its plan to implement end-to-end encryption across its messaging services without providing […] means for lawful access to the content of communications to protect our citizens.”

Maximilian Schubert, President of EuroISPA and Chair of the Cybersecurity Committee, reacted: “EuroISPA’s members continuously work with law enforcement towards making the online sphere a safer space for businesses as well as individuals. At the same time, EuroISPA firmly supports strong encryption, as it plays a fundamental role in ensuring cybersecurity and users’ privacy”.

End-to-end encryption in messaging services, as well as cryptographic protocols such as TLS (Transport Layer Security) and HTTPS (Hypertext Transfer Protocol Secure), are essential for creating trust in the Internet. The now suggested techniques aim to allow law enforcement to access private communications. Experience has however shown that such measures will always be exploited by ill-intentioned hackers, undermining cybersecurity and privacy for all users and businesses online. This would weaken that very trust and might result in a slower take-up of online services throughout the EU.

Therefore, given the societal advantages of encryption and the negative effects of mandatory backdoors, EuroISPA opposes the request of the United Kingdom, Australia, as well as the United States. EuroISPA’s members stand ready to collaborate with law enforcement authorities to assist them in criminal investigations.

EuroISPA report on Priority Flagging Partnerships in Practice

We are happy to share EuroISPA’s report on Priority Flagging Partnerships in Practice.

The document provides a first structured insight into best practices from companies with priority flagging partnerships in place in order to improve their management of illegal content online, where the information was gathered through a written survey shared amongst EuroISPA Forum Members and external companies.

A broad range of ISPs, including online marketplaces, social networks, search engines and providers of content delivery networks shared their input and insights. Thanks to this survey, we gathered information on the variety of stakeholders involved, on the existing selection processes, on the rights and duties of priority flaggers, on the different types of content reported, etc.

The report can be found here

10 organisations share concerns on unworkable 1-hour timeframes to remove terrorist content online

Brussels, 5 April 2019: EuroISPA and nine other organisations from the digital sector and civil society call on the European Parliament’s Civil Liberties Committee to adopt the proposal on tackling the dissemination of terrorist content online without an unworkable one-hour timeframe to remove content. 

The proposed timeframe does not take into account the size and economic capacity of hosting service providers. European small and medium-sized enterprises not operating a 24/7 service, for instance, would not be able to comply with removal orders being sent outside of working hours.

Instead, we suggest to follow a more pragmatic approach which would mandate hosting service providers to execute removal orders “as soon as possible”. Such an amendment would be compliant with European citizens’ fundamental rights and protect the competitiveness of digital businesses, while ensuring a good framework of cooperation between hosting service providers and Member States to tackle the dissemination of terrorist content online.

You can read the full letter here

EuroISPA regrets plenary vote on EU Copyright Directive

Brussels, 26 March 2019 – EuroISPA regrets that the majority of the European Parliament endorsed the Copyright Directive reform, with its Articles 11 and 13 featuring in the final agreement.

Innocenzo Genna, Chair of the Innovation and Growth Committee, commented: “A majority of policy-makers in the European Parliament ignored the concerns of more than 5 million users, civil society, the UN special rapporteur on freedom of expression, creative SMEs and startups, innovative media and publishers,  and the Internet industry at large”.

EuroISPA members are concerned that upload filters necessary to comply with Article 13 will impact the competitiveness of European SMEs, while pushing overly cautious platforms to remove potentially legal content in order to avoid liability, with detriment for users’ rights. Furthermore, Article 11 on press publishers’ rights could limit European users’ ability to share snippets and hyperlinks online, due to unclear and partial carve-outs included in the text.

As the Copyright Directive will be transposed at the national level, EuroISPA’s national members will make concerted efforts to minimize the damage for the Internet ecosystem across Member States and address the lack of clarity in same areas of the proposal.

Industry and civil society share concerns on Regulation on terrorist content online with MEPs

Brussels – 18 March 2019: EuroISPA and eight organisations representing civil society and industry sent a letter to the European Parliament highlighting concerns on the proposal for a Regulation on Preventing the Dissemination of Terrorist Content Online.

The co-signatories suggest several measures to improve the proposal, such as limiting the definition of “hosting service providers”, amending the extremely short one-hour deadline to comply with removal orders, and clearly aligning the proposal with the e-Commerce Directive.

You can read it here.

The letter has been signed by:

EuroISPA regrets Copyright trilogue outcome, urges MEPs to reject the reform

Brussels, 14 February 2019 – EuroISPA regrets the outcome of yesterday’s trilogue, where the representatives of the European Parliament and the Council approved the Copyright Directive reform.

With this decision, the negotiators clearly showed that the concerns of civil society, users, academia, industry, founders of the Internet, and the UN special rapporteur on freedom of expression continuously fell on deaf ears. Recently, even the music, audio-visual, broadcasting and sports sectors – originally strong proponents of this provision – joined the protest against Article 13.

Innocenzo Genna, Chair of the Innovation and Growth Committee, stated: “These rules will impose upload filters on platforms, impacting the competitiveness of European innovative SMEs, and leading to the over-blocking of legal content. Article 11, if adopted, would change the Internet as we know it:  an ancillary copyright would affect small platforms and innovative online publishers, while limiting  the ability of European users to use hyperlinks and share snippets online. Ultimately, this would have a significant negative impact on freedom of expression in Europe”.

Furthermore, the Copyright Directive reform would lead to further fragmentation of the Digital Single Market, instead of harmonisation, as Member States with different legal cultures will implement it differently and create legal uncertainty for the industry.

As the EU elections approach, the Members of the European Parliament should use this opportunity to vote this reform down – a vote closely watched by the EU electorate. As more than 4 million concerned citizens signed a petition to voice their concerns, EuroISPA calls on MEPs to reject the current text, in order to explore new constructive solutions during the next European legislature.

67 industry associations reiterate concerns on ePrivacy in letter to negotiators

Brussels – 28 November 2018: Ahead of the Transport, Telecommunications and Energy Council meeting of 4 December, 67 industry associations, including EuroISPA, reiterated their concerns about the proposal for an ePrivacy Regulation. Despite ongoing negotiations in the Council, the text remains far from addressing the many substantive issues that have been raised since the proposal was first put forward. The signatories therefore urge Member States to signal clearly that negotiations with the European Parliament should not be rushed on the basis of a flawed text, which would have profound repercussions for the European economy.

You can read the letter here

Copyright : EuroISPA co-signs industry letter addressed to EU negotiators 

Brussels, 20 November 2018: EuroISPA and several European and national trade associations sent a letter on the Copyright Directive reform to the EU Institutions.

The letter supports the exclusion of hyperlinks and snippets from the scope of the proposal, as well as limiting the scope to active platforms which give access to phonograms, broadcasts, films or musical works.

EuroISPA urges the European Commission, the Council, and the European Parliament to strive towards a balanced approach in the remaining trilogue negotiations.

EuroISPA regrets Plenary vote on Copyright

Strasbourg, 12 September 2018 – EuroISPA regrets the outcome of today’s vote of the European Parliament in favour of the Copyright Directive reform. A majority of MEPs have decided to impose upload filters on platforms, and to create an ancillary copyright which might ultimately restrict Europeans’ ability to freely share information online.

They have ignored pleas and warnings coming from hundreds of academics, founders of the Internet, one million of concerned citizens, trade associations, and the UN Special Rapporteur on the promotion and the protection of the right to freedom of opinion and expression.

The proposal will be now discussed by the Commission, the European Parliament and the Council in the so-called trilogue negotiations. EuroISPA calls on the negotiators to strive towards a balanced approach in the upcoming months.