[p2p-research] Fwd: [opennetcoalition] Questions for the new European Commissioners

Wed Dec 16 18:17:32 CET 2009

---------- Forwarded message ----------
From: Jérémie ZIMMERMANN - La Quadrature du Net <jz at laquadrature.net>
Date: Wed, Dec 16, 2009 at 11:57 PM
Subject: [opennetcoalition] Questions for the new European Commissioners
To: opennetcoalition at laquadrature.net

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Please help spreading these questions to MEPs and politicl groups within
the EP!

j

- --

La Quadrature du Net - For immediate release

Permanent link:
http://www.laquadrature.net/en/questions-for-new-european-commissioners

Questions for the new European Commissioners

*** Paris, December 16th, 2009 - 2 weeks after launching a consultation,
la Quadrature du Net is submitting to the European Parliament a set of
questions to be asked to the Commissioners designate. ***

They cover a broad range of issues that are essential to people's right
to access a free and open Internet. All these topics should be a core
component of the upcoming European digital agenda.

All questions directly relate to the portfolio of Neelie Kroes,
Commissioner for the Digital Agenda. Other Commissioners designate whose
Directorate-General are competent for specific issues are indicated below.

** Net Neutrality **
Joaquín Almunia, Commissioner for Competition

 - According to you, what is the importance of the principle of network
neutrality? Specifically, do you think there is a need for the European
Union to mandate this principle to both fixed and wireless Internet
Service Providers? As a Commissioner, what steps would you take to
enforce the principle of Net neutrality in order to avoid restrictions
of access to online resources imposed by operators?

 - What importance do you attach to preserving the limited liability of
technical intermediaries (such as Internet Service Providers and hosting
services)?

** Access to the Net, Internet blocking and Fundamental Rights **
Viviane Reding, Commissioner for Justice, Fundamental Rights and Citizenship

 - What can be the expectations for European consumers regarding their
right to access the Internet? From a legal point of view, do you think
it would make sense for the EU legal order to ensure that no
restrictions to people's Internet access can be imposed without a prior
ruling by the judicial authorities?

 - Does the Commissioner agree that Internet blocking is causing major
problems for democracy and the rule of Law in the EU and across the
globe? In your view, are such measures an efficient way to enforce
criminal law?

** ACTA **
Karel de Gucht, Commissioner for Trade

 - What are your views on the ongoing negotiation process of the
Anti-Counterfeiting Trade Agreement (ACTA)? Do you think that this
agreement should include provisions regarding non-commercial
file-sharing? Do you think that this agreement should increase the
liability of technical intermediaries for the transmission or storage of
copyrighted material?

** Copyright **
Michel Barnier, Commissioner for the Internal Market

 - Should copyright enforcement policies be put in place through
voluntary agreements between rights holders and Internet Service
Providers? Specifically, what do you see as the dangers to free speech
and privacy of copyright enforcement policies be put in place through
voluntary agreements between rights holders and Internet Service
Providers? What importance do you attach to preserving the limited
liability of technical intermediaries (such as Internet Service
Providers and hosting services)?

 - At WIPO, the United States recently stated that copyright exceptions
are important for access to information, cultural expression and ideas
and to ensure full participation in a democratic society1. Currently,
the EU framework has no mandatory exceptions apart from technical
purpose. Do you think that current exceptions to copyright in EU
legislation are adapted to today's technologies? For instance, which
initiative would you undertake to increase European citizen's access to
cultural content on the Internet? Will you stand for a EU-wide
compulsory exception for education and research (in the sense of an
exception that must be implemented in every Member state)? Would it be
reasonable to move towards creating a statutory license to allow the
non-commercial exchange of cultural goods over the network, such as the
so-called "cultural flat rate", or "contribution créative"?

 - How would you help increase the diversity of works accessible online?
How do you think the EU can further support incumbent and innovative
actors on the online cultural market?

 - Is the EU's push in favor of copyright terms extension something that
you intend to pursue as a Commissioner?  What is your opinion on the
effect that retroactive term extensions may have on the market for
cultural works? Does it increase the incentive to invest in new
creations, does it have the opposite effect, or does it have no market
influence at all?

 - Do you think that a unified patent litigation system shoult be set-up
in the EU? If such a system were to be put in place, do you think it is
necessary that a higher court be granted the power to review decisions
and to set patent-related case law?

* Références *

1. See the statement by the US delegation on December 15th, 2009, at the
World Intellectual Property Organization's Standing Committee on
Copyright and Related Rights is meeting in Geneva regarding a proposed
treaty intended to increase access to books and other information in
formats accessible to the world's blind, visual

- ------------------------------------------------------------

** About la Quadrature du Net **

La Quadrature du Net is an advocacy group that promotes the rights and
freedoms of citizens on the Internet. More specifically, it advocates
for the adaptation of French and European legislations to respect the
founding principles of the Internet, most notably the free circulation
of knowledge.

La Quadrature du Net is supported by French, European and international
NGOs including the Electronic Frontier Foundation, the Open Society
Institute and Privacy International.

List of supporting organisations :
http://www.laquadrature.net/en/they-support-squaring-net-la-quadrature-du-net

** Press contact and press room **

Jérémie Zimmermann, jz at laquadrature.net, +33 (0)615 940 675

http://www.laquadrature.net/en/press-room

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