European Parliament ITRE committee votes against the 3 strikes

By EDRi · April 22, 2009

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Deutsch: [ITRE-Komitee des Europäischen Parlaments stimmt gegen die 3 Treffer |]

The ITRE – Industry, Research and Energy Committee of the European
Parliament (EP) has voted in the evening of 21 April 2009 on the Trautmann
report and has reintroduced amendment 138. However some of the amendments
approved by the ITRE committee are still endangering the network neutrality

The ITRE Committee reinstated by 40 votes in favour with four votes against
the Parliament’s first-reading amendment 138 that now has been renumbered as
amendment 46 that states that “no restriction may be imposed on the
fundamental rights and freedoms of endusers, without a prior ruling by the
judicial authorities, notably in accordance with Article 11 of the Charter
of Fundamental Rights of the European Union on freedom of expression and
information, save when public security is threatened in which case the
ruling may be subsequent.”

This vote means that there is a clear disagreement on this topic between the
EP and the Council and, after the plenary vote on 5 May, a third reading
might be necessary after the European elections. Also the negotiations
between MEPs and the Czech Presidency to reach an agreement on this issue
will continue.

The success of the European Parliament’s Committe is putting pressure on the
French government that will find it more difficult to push its 3 strikes law
against a European directive ready to be adopted by the European Parliament.
According to Jérémie Zimmermann, co-founder of La Quadrature du Net: “The
European citizens will remember this courageous stand. Members of the
European parliament honoured their mandates by standing courageously for
citizens’ rights and freedoms. This is one more blow to Nicolas Sarkozy’s
‘three strikes’ or ‘HADOPI’ law in France, and a strong sign that nobody in
Europe will want to pass such a stupid legislation going against progress,
citizens’ rights and common sense.”

MEP Guy Bono also rejected the French Government position: “If the French
Government wants a deal on the Telecom Package, it has to give up, in the
name of the general European interest, to the liberticide provisions of the
draft Hadopi Law”.

But the ITRE committee also voted some amendments that endanger the
network neutrality without any relevant debate. As Monica Horten from explains: “the UK government’s amendments which seek to permit
broadband providers to place restrictions on their networks, and offer
preferential services without any oversight by the regulator, have found
their way into Mrs Trautmann’s final draft.”

These amendments contain the text: “any conditions limiting access to and/or
use of services and applications where such conditions are allowed by Member
states in conformity with Community law”

Ms. Horten highlights: “Article 9.1 Access directive and Annexe 1 point 19
Authorisation directive are about limiting users access to the Internet.
Article 8.2 and 8.4 support these provisions, by weaking users rights –
indeed, it is no longer a right, rather users may simply be offered the
ability to choose, which could be interpreted that they have the ability to
choose between different packages of limitations.”

The deadlock on amendment 138 could mean that a third reading might be
required and that would provide more comments and debates on those
amendments that endanger the network neutrality. But this depends also on
the plenary amendments that need to be presented by 29 April and on the vote
of the plenary which could take place on 5 May.

If you want to support the network neutrality please contact your MEPs
before the plenary vote and support the Open Letter that EDRi has signed in
order to keep the principle of no discrimination between Internet traffic
data, based on content, services or applications.

Open letter to the European Parliament – Telecom Package (17.02.2009)

Trautmann Report

Telecom markets: still no overall agreement with Council presidency

Amendment 138 saved – but not the Internet (21.04.2009)

Victory for EU Citizens! Amendment 138 was voted again. (21.04.2009)

Bono amendment finally reintroduced in the Telecom Package! (only in French,

À lire sur Numerama : L’amendement Bono finalement réintroduit au Paquet Télécom !

Trautmann: “I assure you I am not ready to give up” (only in French,

À lire sur Numerama : Trautmann : « Je vous assure que je ne suis pas prête à lâcher » (MAJ)