Brussels, 09.12.2015 – In order to realise the aims of the Digital Single Market Strategy, considerable political courage and ambition is required.

On that basis, the European Internet Services Providers Association (EuroISPA) welcomes the Commission’s new proposal for a Content Portability Regulation, a forward-looking initiative which we hope will allow the great many number of European citizens travelling cross-borders to benefit from their legally acquired digital content.

That said, we fear that today’s Copyright Modernisation Communication signals diminished momentum from the Commission to tackle some of the additional  barriers to a truly digital Europe.

Of the many strands of the Digital Single Market Strategy outlined on 6 May, the ambition to modernise Europe’s laggard copyright regime was an eye-catching one.

Indeed, adapting European copyright law to the dynamics of the digital age would contribute significantly to one of the Juncker Commission’s primary aims – to allow European consumers to do online that which they can already do offline. A modernised copyright framework would discourage piracy and provide for the overwhelming majority of European consumers who wish to legally acquire digital content but are presently blocked from doing so by legacy territoriality principles.

And for reform of EU copyright rules to be effective, there must also be provisions that allow for the emergence of new business models that supply digital content in ever more innovative ways.

Ultimately, for EuroISPA the Commission’s “gradual approach” to copyright reform must not retract into a “wait-and-see” one. We sincerely hope that when the Commission does come to publish its meaningful copyright reform proposals in 2016, it will signal a return to the political ambition that was so evident during the crafting of the Digital Single Market strategy.

Photo: Innocenzo Genna, EuroISPA Innovation & Growth committee chair. 

07 October – On Wednesday the Court of Justice of the European Union (ECJ) declared the EU-US Safe Harbour data transfer agreement to be invalid. In delivering its judgement, the Court ruled that the EU Commission does not have the competence to limit the powers of the national data protection supervisory authorities through the agreement.

As an initial reaction to the judgement, EuroISPA wishes to note that commercial data flows are central to facilitating transatlantic trade and such flows provide significant economic benefits to the EU economy. European Small and Medium-sized Enterprises have especially benefited from the certainty and practicality of Safe Harbour. Indeed, with SMEs constituting 60{326604f503d13f2b703ea6d6d6f2aff95b8843509e3b22769667493fe00ca42d} of Safe Harbour participants we fear that they will be hardest hit by any moves that hinder international data flows and fragment regulation along national lines. On that basis, it is essential that policymakers work to develop new guidelines that allow companies to transfer data across the Atlantic legally and securely.

For many years EuroISPA has been working to realise a legislative landscape that encourages innovation while safeguarding privacy and data protection. We thus urge EU and US negotiators to develop a new and improved Safe Harbour 2.0 that incorporates the concerns of the Court and that European users can have confidence in. The development of the Internet has empowered both digital innovation and citizens’ fundamental rights. It is essential that Safe Harbour 2.0 serves to further these two basic considerations.

Ultimately, this ECJ judgment has far-reaching consequences for the Internet industry and has created considerable legal uncertainty for many companies. We implore the European Commission, the US, the European Data Protection Supervisor and national data protection regulators to now develop, as quickly as possible, a new regime which maintains a high standard of data protection and at the same time creates a practical and innovation-friendly solution for companies. In the meantime, it is important to officially recognise the need for sufficient transition period allowing all parties to assess and adapt to the post-judgement environment.

In a resolution adopted in Plenary today, the European Parliament has missed an opportunity to confront the impending funding crisis faced by Hotlines dealing with child sexual abuse material (CSAM). These hotlines have played a key role in the effort to secure a safer Internet environment for children for many years.

Prior to the Parliament’s resolution on CSAM, EuroISPA circulated a letter to MEPs highlighting the crucial role of Hotlines and the perilous financial situation they face. As representative of national Hotlines in Austria, Germany, Ireland, and France, as well as over 2300 ISPs who actively work to remove CSAM on the Internet, EuroISPA is disappointed by the Parliament’s resolution.

Hotlines are essential to the “notice and action” mechanism, as they provide the means for members of the public to alert ISPs to the presence of suspected CSAM on the Internet. But in June 2016, the Commission funding that these Hotlines rely so heavily upon will cease, ushering in a new era of financial uncertainty. If that happens these gains will be reversed, significantly slowing report processing times and threatening the very existence of some Hotlines.

EuroISPA Safer Internet committee co-chair Paul Durrant said, “The Parliament resolution on CSAM can only be described as an opportunity missed. Unless EU policymakers confront the issue of funding for Hotlines very soon, we face a situation where the whole system of ‘takedown and action’ will be under threat”.

EuroISPA Safer Internet committee co-chair Carole Gay said, “Hotlines ensure that 98{326604f503d13f2b703ea6d6d6f2aff95b8843509e3b22769667493fe00ca42d} of all user reports are forwarded to law enforcement agencies within one day. And in 91{326604f503d13f2b703ea6d6d6f2aff95b8843509e3b22769667493fe00ca42d} of cases, illegal content is deleted within three days. To lose these great advances that we’ve made in the fight against CSAM would be a disaster”.

Photo credit: Niksnut (Flickr)

13 June 2014 – The 7th European Dialogue on Internet Governance (EuroDIG) took place on 12 and 13 June in Berlin. Over 700 participants from 67 countries attended the event sponsored, amongst other organisations, by the European Internet Services Providers Association (EuroISPA).

Along with other partners, EuroISPA suggested the Plenary 6 session moderated by Oliver Süme, EuroISPA President, to focus on “A secure and non-fragmented cyberspace: Rule of law in a cross-border environment”. The Panel held an intense debate on the Cybercrime Convention which has been into force for the past 10 years. The outcome of the discussions showed that the Convention provides a good basis to avoid conflicting legal frameworks for cybersecurity and the fragmentation of the Internet. It is therefore perceived as a starting point for a global multi-stakeholder dialogue to achieve global commitments on cybercrime. In addition, Internet governance could be seen as one of the keys to continue promoting the Convention on Cybercrime and encourage more governments to support and sign this important framework.

The last ICANN Conference took place in Singapore March 23 – 27. The meeting  drew together diverse international stakeholders from government, business, civil society, non-government organizations, research institutions and others to discuss the main topic on the agenda: the process of determining how to transfer stewardship of key internet technical functions from the United States Government’s to the international community.

Oliver Süme, President of EuroISPA gave a presentation on Internet Governance accountability. You can find the video of his speech below: