EuroISPA statement on proposed Directive on Combatting Terrorism

Brussels – 22 February 2016 : EuroISPA members take the misuse of their services to disseminate radical and terror content very seriously, and strongly support a clear legislative framework through which swift and effective actions can be taken. Indeed, all EuroISPA members – from access providers to platforms – engage in specific cooperation with law enforcement authorities that reflects their technical position in the Internet ecosystem, to keep cyberspace safe while respecting fundamental rights.

To ensure the Directive on Combatting Terrorism provides the tools for ISPs and public authorities to best cooperate in the efforts to effectively tackle illegal terror content online, we would like to highlight:

  • Need for an explicit reference to the E-Commerce Directive: Directive 2000/31/EC enshrines the principles that allow for smooth cooperation between ISPs and public authorities. Indeed, the Directive’s procedural rules define the legal basis by which ISPs and public authorities can jointly tackle illegal content online while safeguarding fundamental rights – the Notice and Takedown mechanism. To ensure the Directive on Combatting Terrorism provides the adequate instruments to facilitate strong and secure public-private cooperation, a reference to Directive 2000/31/EC is essential.
  • Need for standardised procedures of cooperation across Europe: To ensure ISPs can swiftly remove actual illegal terror content, there is a need for standardised notification procedures across Europe. Often notices are incomplete or misleading, slowing down the removal time for illegal content. Moreover, such notices ought to originate from national judicial authorities, given the inevitable divergence in legal standards of alleged terror content across Member States.

The above principles serve as the basis by which terrorism in the online sphere can be meaningfully tackled, while ensuring that the very freedoms at stake in the efforts to combat terrorism are not undermined.

This statement was circulated to leading members of the European Parliament’s Civil Liberties (LIBE) committee. The LIBE committee is currently scrutinising  the proposed Directive.  

Safer Internet Day: Encouraging progress made as ISPs continue efforts to create safer online experience

Brussels – 09.02.2016: To mark Safer Internet Day 2016, the European Internet Services Providers Association (EuroISPA) has reiterated the crucial role of Internet Hotlines in sustaining the fight against Child Sexual Abuse Material and other illegal content online.

As representative of close to 2500 service providers along the Internet value chain, EuroISPA members have been at the forefront of efforts to ensure a safe environment where the Internet’s empowering character can be fully realised. Indeed, four EuroISPA member associations actually manage the national Internet Hotlines in their respective countries – processing and acting upon thousands of reports of illegal content each year.

The strength of Europe’s network of Internet Hotlines owes a great deal to the foresight of the European Institutions, which have provided essential public funding to allow Hotlines to deploy the necessary resources to tackle illegal content online.

In recent years, this essential funding has steadily diminished and there is a real risk that the great gains made thus far could be jeopardised if EU co-financing of Hotlines maintains its downward trajectory.

EuroISPA Safer Internet committee co-chair Paul Durrant said: “As the voice of Europe’s Internet Services Providers, EuroISPA abhors the misuse of our members’ networks by those users who circulate Child Sexual Abuse Material (CSAM) and other such manifestly illegal content. We will continue to work with policymakers in the European Commission and Parliament to sustain the network of Internet Hotlines and build on the strong results to date”.

EuroISPA Safer Internet committee co-chair Carole Gay said: “Safer Internet Day is an excellent opportunity to reflect on the efforts thus far to develop a safe and empowering online ecosystem. The success of industry-led initiatives in this area – particularly with regard to CSAM – are deeply instructive as EU policymakers continue reflections around illegal content online”.

EuroISPA: Privacy Shield political agreement is a step in the right direction

Brussels – 03.02.2015: EuroISPA has been supportive of the efforts of the European Commission, US Department of Commerce, and the Article 29 Working Group to realise a data transfer mechanism that supports transatlantic trade and maintains consumer trust in the Information Society.

In that context, we commend the recent political agreement on the new Privacy Shield framework. We also note the positive move by the Article 29 Working Group to allow transatlantic data transfers to proceed via alternative mechanisms while national Data Protection Authorities reflect on the new agreement.

As negotiators finalise the nuances of the new framework, we wish to again reiterate the important role that commercial data flows play in facilitating transatlantic trade. European Small and Medium-sized Enterprises especially benefit from legal certainty around data transfers. On that basis, it is essential that the new framework ensures that companies can transfer data both legally and securely.

EuroISPA President Oliver Süme said: “For many years EuroISPA has been working to realise a legislative landscape that encourages innovation while safeguarding privacy and data protection. We are thus hopeful that the new Privacy Shield incorporates the concerns of the Court of Justice of the European Union and constitutes a framework that European users can have confidence in.”

 

EuroISPA adds Dutch ICT association to boost Internet sector’s EU-level representation

Brussels – 01.02.2016: The European Internet Services Providers Association (EuroISPA) has been further strengthened by the addition of Nederland ICT – a Dutch trade association representing more than 550 IT, telecom and Internet companies in the Netherlands. With the addition of Nederland ICT, EuroISPA now represents more than 2500 Internet Service Providers across Europe and all along the transversal Internet value chain.

2016 will be a crucial year for the development of the Internet and digital services in Europe. With the European Commission pushing ahead with its Digital Single Market strategy, the unified voice of Europe’s Internet sector will be more important than ever in order to realise an innovation-friendly legislative environment for all Internet intermediaries.

Speaking after the admission of Nederland ICT, EuroISPA President Oliver Süme said: “I am delighted to see Nederland ICT join as a new member. Nederland ICT brings a depth of knowledge and insight from an important EU Member State, and will reinforce the message of Europe’s Internet sector to key influencers in the European Institutions”.

Nederland ICT Senior Advisor for Policy and Public Affairs Alex de Joode said:  “Joining EuroISPA enhances our ability to actively participate in all aspects of the decision-making processes on IT-related issues at EU level. We look forward to working with our Internet sector colleagues in other European countries and to pushing forward a pro-innovation message in the Digital Single Market discussions. ”

 

MEPs make crucial call to protect Digital Single Market’s key legislative infrastructure

Brussels – 19.01.2016: The European Parliament’s new report on the Digital Single Market represents an important benchmark for which the Commission’s digital strategy be evaluated against, according to the European Internet Services Providers Association (EuroISPA).

Since the Strategy was first envisaged a number of years ago, EuroISPA has consistently stressed that the success of any Digital Single Market initiative will rest on the preservation of the intermediary liability principle as the key legislative infrastructure underpinning the development of the Internet in Europe. In that context, it is encouraging to hear so many MEPs on the floor of the European Parliament asserting the pro-innovation and balanced nature of the existing European intermediary liability environment.

This new report sets out the European Parliament’s policy-wish list for the Digital Single Market, at the beginning of what is set to be a crucial year for the digital development of Europe. EuroISPA looks forward to working with MEPs and the other institutional lawmakers to realise the Parliament’s ambition, particularly through the preservation of the milestone provisions of the E-Commerce Directive to which Parliament has indicated its continued support.

Speaking after the vote in Parliament, EuroISPA President Oliver Süme said: “We fully agree with the Parliament’s view that the limited liability of intermediaries is essential to the protection of the openness of the internet, fundamental rights, legal certainty and innovation. We look forward to working with MEPs to ensure their important ambitions for a digital Europe are reflected in the European Commission’s Digital Single Market policy proposals.”