June 2009 - nexa - server-nexa.polito.it

Pubblicata traduzione italiana di "Un'interpretazione equilibrata del “Three-Step Test” nel diritto d'autore"
by J.C. DE MARTIN June 5, 2009

June 5, 2009

http://nexa.polito.it/uninterpretazione-equilibrata-del-%E2%80%9Cthree-step… Traduzione italiana della dichiarazione del Max Planck Institute per un'interpretazione equilibrata del Three Step Test nel diritto d'autore. La versione inglese ufficiale è presente sul sito del Max Planck Institute <http://www.ip.mpg.de/shared/data/pdf/declaration_three_steps.pdf> per la proprietà intellettuale, nonché su quello della Queen Mary University <http://www.law.qmul.ac.uk/events/archive/declaration_three_steps%5B1%5D.pdf> . Traduttori: Marco Ricolfi e Thomas Margoni. URL diretta al documento: http://nexa.polito.it/sites/nexa.polito.it/files/3ST_MPG_it.pdf juan carlos

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[HADOPI, FR] EDRI-Gram: French Government hurries to put HADOPI law into application
by Andrea Glorioso June 5, 2009

June 5, 2009

Da EDRI-Gram numero 7.11, 3 Giugno 2009 ============================================================ 5. French Government hurries to put HADOPI law into application ============================================================ No sooner has the three strikes law been adopted that the French government issued CCAPs (special administrative specifications) and CCTPs (special technical specifications) which were sent by the Ministry of Culture to the candidate enterprises to put into function the information system of HADOPI. The call for tenders was sent since the beginning of the year even before the Hadopi law was adopted, the notification date having been set for 5 June 2009 with a deadline on 1 July 2009 for a first prototype of the graduate response system. A draft calendar foresees the application of the Hadopi law in stages starting with 5 June 2009 until 31 March 2010. In the beginning, Hadopi will send only written recommendations by e-mail at a rate of about 100 infringing cases per day after which, when the treatment is completely automatic probably in September 2009, the number of cases will increase to 1000 per day reaching 10 000 when the prototype is finalised in 2010. A calendar of actions is left however at the choice of the candidates, the CCTP mentioning that "the offers will be assessed in terms of the closeness of the proposed calendar as compared to the target calendar". The ministry is not concerned with costs or means but only with speed. The candidates will have a rather difficult task as the beta-test will last only two weeks before the first warnings and the blocking bugs will have to be corrected in one day, otherwise they will face sanctions. There is also the result obligation, the operator taking the responsibility in case of problems and having to compensate Hadopi in case of delays or malfunctions. There is no provision for the moment that Hadopi makes sure, before issuing a warning or a sanction, that illegal downloading has effectively taken place from the IP address of a suspected Internet subscriber. It appears that between the IP address collection phase and the warning or sanction phase there will be a "notarisation and sampling" phase. The notarisation phase means the "qualification of the data and the recording of essential elements of the transaction from a trustworthy third party" meaning the recording of all the elements proving the downloading or rather making copyrighted material available. "The content, origin, receiving date, the sender's identification key and the destination of the file are essential elements" says the CCTP. Sampling means Hadopi would retain only some of the complaints received in order to deal mostly with those of higher interest. An algorithmic system will allow targeting potential recidivists as a priority. Hadopi does not take into account the presumption of innocence and only needs to be certain of the reliability of the IP address lists on the basis of which it would give warnings and sanctions. Hence the provision of attaching a "chunk" of the file to every submission of a case in court which would be a material proof of the infringing. However, such a provision raises practical and economical problems. The CCAP and CCTP do not precise either the criteria based on which Hadopi will decide on recidivism in order to send another e-mail, registered letter or give sanctions. It is only mentioned that a "study of the reiterations is carried out so as to bring out the following elements for each subscriber: infringement stage (1st, 2nd, 3rd.); type of actions taken or sanctions given by the High Authority: time interval between each infringement; and type of works concerned". There are also very little details as to what are the means of appeal for the sanctioned Internet users. It is provided that an appeal can be made by means of an electronic form or by mail and that the appeal may lead to informing the ISP of the obligation to re-establish a suspended subscription. On the other hand, no observations can be brought by a subscriber before the sanction stage. For the time being, Hadopi continues to be criticised and contested. On 15 June, a concert evening against the graduate response will take place with several groups of artists supported by Numerama, co-organised by Réseau des Pirates and Owni.fr, in partnership with Vendredi Hebdo and International and supported also by Slate, Agoravox, LePost, Ivox, 22mars, Social Média Club, j'affiche and ZikNation. The evening will include the projection on films dealing with Hadopi, the new models to remunerate artists, the protection of numerical freedoms, a debate on the topics as well as music moments. "The problem with HADOPI is triple: it does not bring more money to artists, it touches the fundamental rights and finally it opens a breach into net neutrality allowing private interests to get hold of a judge in order to oblige an access provider to censure part of the net. This law stigmatises the Net which is however an incredible chance for the music to get renewed. (...) A new model must be invented and the technological evolution must be accompanied rather than rowing against it. This is what the public politics serve for, not to protect an industry where 5 multinationals make a trust of the entire market and refuse in a single voice to accept the challenge," was the statement of Flowers From The Man Who Shot Your Cousin / Waterhouse Records that will participate in the event. Exclusive: Hadopi will target as a priority the potential recidivists! (only in French, 20.05.2009) http://www.numerama.com/magazine/12960-Exclusif-l-Hadopi-ciblera-en-priorit… Exclusive: Hadopi will not collect material evidence... for the moment (only in French, 27.05.2009) http://www.numerama.com/magazine/13006-Exclusif-l-Hadopi-ne-collectera-pas-… Concert-Evening "Hadopi has killed me" Monday 15 June in Paris (only in French, 26.05.2009) http://www.numerama.com/magazine/12998-Soiree-Concert-Hadopi-m-a-Tuer-le-lu… -- Andrea Glorioso || http://people.digitalpolicy.it/sama/cv/ M: +32-488-409-055 F: +39-051-930-31-133 * Le opinioni espresse in questa mail sono del tutto personali * * The opinions expressed here are absolutely personal * "Constitutions represent the deliberate judgment of the people as to the provisions and restraints which [...] will secure to each citizen the greatest liberty and utmost protection. They are rules proscribed by Philip sober to control Philip drunk." David J. Brewer (1893) An Independent Judiciary as the Salvation of the Nation

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Balzac.tv: "La belleza del copyleft"
by J.C. DE MARTIN June 5, 2009

June 5, 2009

Balzac.tv presenta 15 minuti di introduzione a Creative Commons (e al copyleft in generale), in spagnolo e in inglese, con interventi di Joi Ito, di Gerfried Stocker (Ars Electronica), Gerd Leonhard (MediaFuturist.com, bravo!!!) e Ronaldo Lemos. Nulla di incredibilmente nuovo, ma ben comunque vivamente consigliato, soprattutto -almeno per quello che mi riguarda- per gli interventi di Stocker e Leonhard (forse perche' erano gli unici che non avevo ancora sentito parlare, non so): http://balzac.tv/episodios/2009/06/03/la-belleza-del-copyleft/ juan carlos

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Re: [nexa] EDRI-GRAM: The French Government wants to spy on
by Balboni Gian Paolo June 4, 2009

June 4, 2009

Juan Carlos, mi sfugge una cosa, relativa alla prima parte della notizia. Supponendo ovviamente che NON SPARISCA la figura del magistrato di sorveglianza che deve autorizzare l'operazione (se cambia l'ordinamento della giustizia il discorso può essere del tutto diverso...), in cosa si differenzierebbe questa intercettazione Internet da una classica intercettazione telefonica in uso da sempre? Ciao Gian Paolo -----Original Message----- From: nexa-bounces(a)server-nexa.polito.it [mailto:nexa-bounces@server-nexa.polito.it] On Behalf Of nexa-request(a)server-nexa.polito.it Sent: mercoledì 3 giugno 2009 12.00 To: nexa(a)server-nexa.polito.it Subject: nexa Digest, Vol 2, Issue 1 Send nexa mailing list submissions to nexa(a)server-nexa.polito.it To subscribe or unsubscribe via the World Wide Web, visit https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa or, via email, send a message with subject or body 'help' to nexa-request(a)server-nexa.polito.it You can reach the person managing the list at nexa-owner(a)server-nexa.polito.it When replying, please edit your Subject line so it is more specific than "Re: Contents of nexa digest..." ---------------------------------------------------------------------- Date: Wed, 03 Jun 2009 08:59:52 +0200 From: "J.C. DE MARTIN" <demartin(a)polito.it> Subject: [nexa] EDRI-GRAM: The French Government wants to spy on electronic communications To: nexa(a)server-nexa.polito.it Message-ID: <4A261F68.5070003(a)polito.it> Content-Type: text/plain; charset=ISO-8859-1; format=flowed E pensare che ho avuto paura di venire preso per paranoico quando ho sospettato che il vero obiettivo di HADOPI fosse la sorveglienza di massa. jc ============================================================ 1. The French Government wants to spy on electronic communications ============================================================ On 27 May 2009, the law on orientation and programming for the performance of the domestic security (Loppsi) was presented by Mich?le Alliot-Marie to the French Council of Ministers. The law will give the French police the possibility to physically or remotely install spying software to listen to electronic communications and introduces the Internet filtering by administrative decision. According to the text, the Criminal Investigation Police will be allowed to place on a suspect's computer a sort of internal or external USB key which will send data to the computers of the authorities. The police may also remotely install Trojans which will give access to all the data in a computer in real time. The police will be allowed to make use of these tools only in "the most severe cases" which however include "support given to the illegal entry and residence of a foreigner". Under the control of an examining magistrate (juge d'instruction), the investigating authority will have to justify the use of the technique by declaring the infringement investigated, the place where the investigation will take place and its duration. The spyware can be installed for a four-month period that can be renewed once. The examining magistrate's control would be a positive thing as the examining magistrates are independent from the Ministry of Justice and are free to take decisions, in terms of the gravity of the investigation. However, if the justice reform project of the French Government comes into being, the examining magistrates will disappear which means that the responsibility to authorize spyware will come to the prosecutor of the Republic. The law also obliges ISPs to block access, "without delay", to sites included on a list drafted under the authority of the Ministry of Internal Affairs. The list will not be made public and therefore it will be impossible to contest and this will create the risk of abuses. In order to prevent contestations, for the beginning, the law will target the paedophilic contents with the declared purpose to "protect the Internet users from child pornography images". The operators will have to introduce in their network software that will stop any connection to sites having a pedophile character that will be listed by the police. The French Government will always be able to extend the target by a simple decree. The text also stipulates severe sanctions for the ISPs that do not observe the law providing a fine up to 75 000 euro and a year of imprisonment. Loppsi : the sneaks under the authority of an endangered judge (only in French, 25.05.2009) http://www.numerama.com/magazine/12976-Loppsi-les-mouchards-sous-l-autorite… Loppsi wants to "protect the Internet users" by filtering (only in French, 27.05.2009) http://www.numerama.com/magazine/13010-La-Loppsi-veut-proteger-les-internau… The police will be able to pirate the computers of the yobs (only in French, 25.05.2009) http://www.lefigaro.fr/actualite-france/2009/05/24/01016-20090524ARTFIG0009… Loppsi: ISPs will have to "block access without delay" (MAJ) (only in French, 27.05.2009) http://www.numerama.com/magazine/13004-Loppsi-les-FAI-devront-empecher-l-ac… Loppsi presented this Wednesday in the Council of Ministers (MAJ) (only in French, 27.05.2009) http://www.numerama.com/magazine/13002-La-Loppsi-presentee-ce-mercredi-en-c… Draft law on the orientation and programming for the performance of the domestic security http://static.pcinpact.com/pdf/Loppsi_projet_loi.pdf Decrypting: Sarkozy and his work of controlling the Internet (only in French, 20.05.2009) http://www.numerama.com/magazine/12948-Decryptage-Sarkozy-et-son-oeuvre-de-… Questo messaggio e i suoi allegati sono indirizzati esclusivamente alle persone indicate. La diffusione, copia o qualsiasi altra azione derivante dalla conoscenza di queste informazioni sono rigorosamente vietate. Qualora abbiate ricevuto questo documento per errore siete cortesemente pregati di darne immediata comunicazione al mittente e di provvedere alla sua distruzione, Grazie. This e-mail and any attachments is confidential and may contain privileged information intended for the addressee(s) only. Dissemination, copying, printing or use by anybody else is unauthorised. If you are not the intended recipient, please delete this message and any attachments and advise the sender by return e-mail, Thanks.

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EDRI-GRAM: The French Government wants to spy on electronic communications
by J.C. DE MARTIN June 3, 2009

June 3, 2009

E pensare che ho avuto paura di venire preso per paranoico quando ho sospettato che il vero obiettivo di HADOPI fosse la sorveglienza di massa. jc ============================================================ 1. The French Government wants to spy on electronic communications ============================================================ On 27 May 2009, the law on orientation and programming for the performance of the domestic security (Loppsi) was presented by Michèle Alliot-Marie to the French Council of Ministers. The law will give the French police the possibility to physically or remotely install spying software to listen to electronic communications and introduces the Internet filtering by administrative decision. According to the text, the Criminal Investigation Police will be allowed to place on a suspect's computer a sort of internal or external USB key which will send data to the computers of the authorities. The police may also remotely install Trojans which will give access to all the data in a computer in real time. The police will be allowed to make use of these tools only in "the most severe cases" which however include "support given to the illegal entry and residence of a foreigner". Under the control of an examining magistrate (juge d'instruction), the investigating authority will have to justify the use of the technique by declaring the infringement investigated, the place where the investigation will take place and its duration. The spyware can be installed for a four-month period that can be renewed once. The examining magistrate's control would be a positive thing as the examining magistrates are independent from the Ministry of Justice and are free to take decisions, in terms of the gravity of the investigation. However, if the justice reform project of the French Government comes into being, the examining magistrates will disappear which means that the responsibility to authorize spyware will come to the prosecutor of the Republic. The law also obliges ISPs to block access, "without delay", to sites included on a list drafted under the authority of the Ministry of Internal Affairs. The list will not be made public and therefore it will be impossible to contest and this will create the risk of abuses. In order to prevent contestations, for the beginning, the law will target the paedophilic contents with the declared purpose to "protect the Internet users from child pornography images". The operators will have to introduce in their network software that will stop any connection to sites having a pedophile character that will be listed by the police. The French Government will always be able to extend the target by a simple decree. The text also stipulates severe sanctions for the ISPs that do not observe the law providing a fine up to 75 000 euro and a year of imprisonment. Loppsi : the sneaks under the authority of an endangered judge (only in French, 25.05.2009) http://www.numerama.com/magazine/12976-Loppsi-les-mouchards-sous-l-autorite… Loppsi wants to "protect the Internet users" by filtering (only in French, 27.05.2009) http://www.numerama.com/magazine/13010-La-Loppsi-veut-proteger-les-internau… The police will be able to pirate the computers of the yobs (only in French, 25.05.2009) http://www.lefigaro.fr/actualite-france/2009/05/24/01016-20090524ARTFIG0009… Loppsi: ISPs will have to "block access without delay" (MAJ) (only in French, 27.05.2009) http://www.numerama.com/magazine/13004-Loppsi-les-FAI-devront-empecher-l-ac… Loppsi presented this Wednesday in the Council of Ministers (MAJ) (only in French, 27.05.2009) http://www.numerama.com/magazine/13002-La-Loppsi-presentee-ce-mercredi-en-c… Draft law on the orientation and programming for the performance of the domestic security http://static.pcinpact.com/pdf/Loppsi_projet_loi.pdf Decrypting: Sarkozy and his work of controlling the Internet (only in French, 20.05.2009) http://www.numerama.com/magazine/12948-Decryptage-Sarkozy-et-son-oeuvre-de-…

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