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Home arrow newsitems arrow CoE CyberCrime + Data Protection Chief Seger to EuroFora on Citizens' say at Internet Rules Drafting

CoE CyberCrime + Data Protection Chief Seger to EuroFora on Citizens' say at Internet Rules Drafting

Written by ACM
Friday, 08 June 2012
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*Strasbourg/Angelo Marcopolo/- Replying to "EuroFora"' Questiions at the conclusion of a landmark PanEuropean/International Confernce on CyberCrime, exceptionaly well attended by many Officials and Experts thoughout all Europe but also from many other areas of the World (f.ex. USA, Japan, Canada,  India, Africa, Australia, Brazil, etc),  CoE's experienced Head of Private Data Protection and CyberCrime at the CoE, the PanEuropean watchdog on Human Rights, Democracy and Rule of Law, Alexander Seger from Austria, carefully but positively welcomed in principle the possibility of consulting Civil Society Organizations, involved Citizens and other active Internet Players, in addition to the Industry, by giving them a say before Draft Rules on the Web might be definitively adopted by the CoE in the forthcoming period :

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A topical issue with important issues at stake, from Citizens' Rights and Freedoms, up to States' Security and Sovereignity, Economy's production/innovation, including also the need to Protect all of them, i.e. "more than 2,3 Billions People using the Internet", in addition to "Mobile Phones", etc., from risks of Cyber Attacks, such as "Spyware and other Malware found  harboured in more than 2.000 Websites every Day", and "about 2 Million Computers infected by Malware every day", in addition to various kinds of "Fraud", "Children Sex Abuse", or other "Attacks against Computer Systems" and/or "Offenses using Computers", "reported all over the World", as COE's Secretary General Thronbjorn Jagland from Norway, observed from the outset.

Particularly when, since the G8 Heads of State/Government Summit at Deauville (France) on May 2011, which launched a Global move on "Internet Governance",  (See "EuroFora"s NewsReports from Deauville and Paris), followed by the adoption in Strasbourg of CoE's "2012-2015 Strategy on Internet", last March 2012, currently, both the EU and even more the CoE, are engaged in the preparation of a Series of various New Measures, Rules, Guidelines, Directives, Conferences, reviews, updates, etc. affecting the Web, which are due to pop up soon, starting from the forthcoming Months, f.ex. September and October, as well as December 2012, etc...


- Concerning the Adoption of relevant National Measures and/or the Ratification of the Budapest Convention by various Countries, which might eventually evolve further, f.ex. on TransBorder Data Access issues, etc., (See other, specific "EuroFora" NewsReport, with statements that gave us Russian, American, EU and CoE Top Officials, to be published herewith asap.), "EuroFora" observed that, several times, Officials and/or Experts from various Countries to CoE's 2012 International Conference on CyberCrime, said that they had faced Difficulties with the Public Opinion, when important Draft Laws on the Internet were presented at Parliaments and other Public Decision-making bodies, particularly if they were not well understood, f.ex. in Canada, India, or some EU Countries, at least on certain key points, so that they had to try again and again, meanwhile amending their Drafts, until developments made it possible to, more or less, adopt them.

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    By a coincidence, recently, CoE's brand new "Internet Strategy", (decided on March 2012 under British chairmanship : Comp. "EuroFora"s NewsReports on Foreign Minister Hague 's earlier statements in Strasbourg http://www.eurofora.net/newsflashes/news/hagueoncoeukpriorities.html and Home Office Minister Brokenshire's replies to our Questions on Internet Governance : http://www.eurofora.net/newsflashes/news/coeinternetstrategy.html ), prepared after G8 Heads of State/Government's Summit at Deauville (France, May 2011) started to deal with Internet Governance, (Comp. "EuroFora"s relevant NewsReports on that landmark G8 Summit from Paris and Deauville), setting a General Principle on all Internet-related issues, i.e. not only CyberCrime/Data Protection, urges to try to involve Citizens and Civil Society in the Drafting process of relevant Public Decisions, we also noted.


=> In consequence, "Do you think that, despite the Difficulties on the sensitive matter of CyberCrime, it could be possible and interesting, in order to have the Trust of the People, (who are directly concerned, both because they need themselves Protection from Cyber-Attacks and/or Fraud, but also in order to ensure that Human Rights and Freedom at the Internet will be respected), to associate, in the Future, in an efficient and adequate way, at least some Human Rights and Civil Society Organizations and/or other People active on Internet issues, so that it could become possible to hold better Discussions on thorny issues before Final Decisions, giving a better chance to timely find proper Solutions, instead of risking to face Blockades afterwards, so that things can go ahead ?", "EuroFora" asked Seger.

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- Sometimes, CoE and/or other Organizations have been criticized for "being Open but Late", concerning Public Consultations, observed from the outset CoE's Head on CyberCrime and Data Protection issues, who is also the Secretary of the PanEuropean/Global Treaty against CyberCrime, known as "Budapest Convention".


- We (CoE) have already tried to consult such Civil Society Organizations, particularly on Data Protection issues, and there were some of them present here in Strasbourg even during this 2012 CyberCrime International Conference, which made, sometimes, pretty Critical interventions, Seger pointed out.


 - "I am personally convinced" that if CoE's Data Protection Treaty's currently prepared Modenization goes ahead, eventually also with some changes in the CyberCrime Convention, then, we'll have to include Public Consultations, he positively replied.

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- If yesterday we worked in one Workshop on a TransBorder Data Access thorny issue, (where a Compromise has yet to be found between the respect of independent States' Sovereignity and the need for Law Enforcing Agencies to fight CyberCrime by searching relevant Data accross Borders : See specific "EuroFora"s NewsReport, with Statements that gave us the Head  of Russian Foreign Ministry's Department on  New Challenges Ernst Chernukhin, "Microsoft"'s Chief Security Advisor for Europe, Middle East and Africa, Monica Josi/USA, CoE's Director on Legal/Human Rights standards Jan Kleisjen, etc),
behind Closed Doors for the Press, and under "Chatam House" rules, (which prohibit participants from revealing what really happened inside the Room), it was because we (COE) wanted to give to the concerned Governments a chance to say what they really wanted, share their concerns and discuss them between them, at first, he revealed.
>>But, "once this is done", afterwards, we (CoE) can also involve not only Industry, but also various other Civil Society Organizations, CoE's key official agreed in conclusion with "EuroFora"s suggestion.

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The point is of exceptional importance today, because, after the G8 Deaville Summit (May 2011), and during the subsequent Brittish CoE Chairmanship (November 2011 - May 2012), the CoE has recently started to prepare a lot of Draft Rules, updates, additions, modifications and/or new measures on the Internet, as well as to work harder for an adequate and efficient Implementation of rules already adopted earlier, (including, f.ex. by urging Private Internet Access providers to offer more cooperation, particularly on Data, with CyberCrime-fighting National Authorities, etc).


- Thus, among various other concrete examples, CoE is currently engaged in an important Review of its landmark; Histioric PanEuropean/International Convention on Private Data Protection, which reportedly needs a "Modernization" and to be updated, 30 Years after its initial adoption, while, in parallel, a previous CoE Recommendation on Pivate Data use by the Police in the struggle against CyberCrime, which is due to be presented from September 2012, he added.


+ Meanwhile, there is also an important "Cyber-Space" European Conference to be held on October in Budapest (Hungary), including both Safety and Security but also Technologic Developments, Economy and Politcs, (a follow-up to the 1st such Mega-meeting in London, on 2011, due to be extended on 2013 in South Korea : See Ambassador Bela Szombati, Head of Cyberspace Conference at Hungary's Foreign Ministry statements to "EuroFora", to be published at anothet NewStory asap), while Rome (Italy) also hosts soon another Conference on Digital Society issues, (in addition to EU's "Digital E-Dialogue", in the run up to a future EU Directive on the Internet, currently examined by EU Parliament) etc., which, added to EU and CoE possible Public Consultations on-line, Hearings, etc. could provide more opportunities for Civil Society actors involved in Internet issues to have a say.

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Something obviously  necessary regarding, in particular,  "Measures against CyberCrime (which) go hand in hand with the protection of Human Rights and the rule of Law", as reminded CoE's experienced Deputy Secretary General, Maud de Boer-Buquichio, speaking on the 2012 CyberCrime Conference's conclusions.

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++ In addition, questioned earlier by "EuroFora" on a partly related, and Topical issue, concerning the developments about the progressively growing participation  of the so-called "Pirate Parties", notoriously spreading from Scandinavian Countries (initially Sweden) towards Germany (where they got some 5% or even 7 to 8% in recent Regional Elections at Berlin, North Reinland-Westfalia (NRW) in 2011 and 2012, etc, after winning even 2 EU Parliament seats since 2009, currently starting to emerge even in French Parliamentary Elections with more than 100 Candidates, while focusing on the preparation of the forthcoming, 2014 EU Parliament new Elections, Seger had an interesting reaction :

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- While clearly distinguishing between CyberCrime related issues, such as eventually blatant CopyRight violations; etc., and Freecom of Access to the Internet,  Cittizens private Data protection, as well as new, innovative ways to develop Internet tools for E-Democracy, etc., CoE's experienced Official  replied to "EuroFora"s question by stressing mainly that, as a matter of general principle, any serious Public Debate on topical  Internet issues in the framework of Democratic Institutions is welcome as part of contemporary Democracy.


+ By another coincidence, at a subsequent meeting organized in the context of CoE's Forum for Democracy, and chaired by experienced former Minister  and Ambassador/Permanent Representative of Poland to the CoE, now Top PanEuropean oficial, Piotr Switalski, he anounced an apparently interesting gathering focused for the 1st time on "Liquid Democracy", at the CoE for the beginning of July, (hopefully not during an overloaded day of EU Parliament's plenary session of 2 to 5 July 2012 iN Strasbourg, as he added to "EuroFora")  :


A term also known for a famous, innovative Software proposed for various innovative uses of the Internet in some kinds of Direct E-Democracy by recent advocates, including by the controversial PP,....

(../..)

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(NDLR : "DraftNews", as already sent earlier to "EuroFora"s Subsrcibers/Donors. A more accurate and full Final Version may be published asap).

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Sarkozy and Merkel : June 2009 solution to May 2005 "NO" ?

 - Will French President Nicolas Sarkozy and German Chancellor Angie Merkel live up from June 2009 to their obvious Historic European mission to revitalize, and re-launch the "European Dream", after the series of 3 "NO" since May 2005 in France, the Netherlands and Ireland, by renewing, and changing the EU with fresh stimulus, big horizons, and values attractive for EU Citizens ?

Whatever views anyone might have, it's a Fact that, recently, EU's political spectrum didn't produce other more charismatic and popular EU leaders than Merkel and Sarkozy, starting from September 2005 and May 2007, respectively.

This trend was confirmed, in one way or another, both during the German EU presidency in 2007 (shared by Merkel with the SPD), and mainly during the French EU Presidency in 2008, (with Sarkozy "free" to move).


The positive 2009 EU Polls are a natural consequence :

- Both with 72% Sarkozy and Merkel are considered by EU Citizens to be "the most Influential" leaders in Europe, by far.

- They are the only EU political leaders to attract a Majority of "Positive" views by EU Citizens, (Merkel over 60%, Sarkozy over 50%, particularly in the continent).

- 60% of EU Citizens find the 2008 French EU Presidency "Good", (and the satisfaction grows up to 67,5% in continental Europe).

The Poll was made by "OpinionWay" in big EU countries as Germany, Italy, Spain and the UK, (with the only exception of France), from 26 to 28 May 2009.

sarkozy_merkel_polls_400

But the most important is that both Franco-German leaders seem willing to, at last, really start serious business on EU's indispensable renovation and Renaissance from 2009 : Year of crucial EU and German Elections.

Therefore, this time, the joint European move by Sarkozy and Merkel, which just published a common Franco-German Manifesto, aims to stimulate aspirations and action not only in their respective countries, but also in many other EU "partners", as they say.

Both on EU economy, social values and scientifico-technologic research, as well as on Turkey's controversial EU bid, obviously incompatible with a popular Political Europe, whose Citizens can find a collective Identity and popular Values, they have already started to magnetize various growing voices accross the European landscape :

"Today, more than ever, it' time for action", they stress from the outset.

Facing "an unprecedented Global financial and economic Crisis", "Europeans must get resolutely involved if they want for the World which is being built to meet their Values of Liberty, Solidarity and Justice".

"That's what we want" and "propose to our Partners" :

* "A strong Europe, able to protect us" :

- "We refuse a Bureaucratic EU, which mecanically applies burdensome rules and is afraid of change. We want a European Union which listens what Citizens have to say, which innovates, stimulates".

- "We want a strong and united EU in the World, while also respecting its Member States' Diversity", which "brings Courageous Replies to the Questions of our Times, ensuring our Prosperity :  

This implies to "favor Research and Innovation", "Economic Coordination", to "develop real Policies on Immigrationn, Energy, Defence, and modernise  common policies, particularly Agriculture".

*  "EU must bring immediate replies to the Global Crisis".

- "Lawless liberalism failed". "The Model we want is that of a Responsible Market Economy, which favors Enterpreneurs and Workers, above Speculators ;  Long-term Investment, over immediate profiits".

- "We appeal upon the EU to take, from June, the first decisions to ensure a real European Regulation of Financial Markets, based on coordination and cooperation". "On speculative funds, on fiscal heavens, CEO's and financial operators' earnings, EU must give the example".

- "We call to change the rules of accounts, which are important for our Economy's revival : The competent normative authorities must take action". "The issue of a sufficient Credit offer is of central importance for our Economy". "We don't accept that, during this Financial Crisis, the European Banks' capacity to lend money might be unjustly reduced by Capital's requirements and accountant's rules

* "During the German and French Presidencies, EU has resoçlutely prepared itself for the fight against Global Warming... EU is the 1st and only area in the World to have adopted a package of ambitious and legally binding rules to comply with International Aims"

- "We have now to convince our Friends and Partners, to get involved, in order to atteint, next December at Copenhagen, a Global Agreement worthy of whay is at stake. Our closer ally, the US, but also other big industrial countries, must commit themselves with the same force as the Europeans".

"Green Growth is a Chance ... and an opportunity to create jobs turned towards the Future. Europe must be a leader".

- But, at the same time, we must ensure that our companies remain competitive in the World. The ambitious European involvements on Climat must not lead into a position where EU industry might become a Victim of Unfair Competition. Climat protection and Competitvity must go together. If our International partners refuse to associate themselves to our efforts, we are determined to take measures to protect European Industry"

* "Europe must be more ambitious for its Industry" : "It must favor the emergence of strong European enterprises at a Global level".

- "As long as an International mechanism" to "monitor Public Aids at WTO level, and hinder 3rd Countries to give abusive subsidies to their enterprises, provoking unfair competition", is "not yet set up, we must consider Transitory European Solutions".

* "The current Public Debt is too heavy... We must head anew towards sound public finance, as soon as we'd have passed the crucial stage in this crisis".
-------------------------------------------------

* Last, but not least :  "Europe must play a top-level role in the World"

- "For that purpose,  it needs efficient Institutions. That's why we need Lisbon Treaty". "The 27 Member States decided, last December (2008) that the Treaty should enter into force before the end of this year (2009)". To obtain that, June EU Council must agree "on the Guarantees for Ireland".

- But, "to be able to act, EU needs Borders. An Enlargment without Limits is not possible", Sarkozy and Merkel stressed in an obvious reference to Turkey, etc.

- "In order to be strong, Europe must assume its Values and its Identity". "Human Rights .. are at the basis of our commitment for a Peaceful Development accross the World".

- "For that purpose, we shall strengthen our common Defence and Security policy".
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* "We are ready to contribute to activate the EU towards the realisation of these aims, with our EU Partners".

"In order to succeed", Europe  "needs the active involvment of all, starting by Citizens themselves. That's why the June 7 rendez-vous is important", and "we are calling all Europeans to vote".

"We are convinced that, if Europe wants, Europe can", they conclude.
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Precisely : - What can better forge "Europe's Will" than a "European Consciousness" emerging from political, democratic struggles to face Global Challenges, and open big New Horizons, including by crystal-clear Public Debates, with active EU Citizens' involvement, before the most important EU Decisions affecting People's lives ?

Precisely what "EuroFora"s project warns since 1997-2007, and unprecedented Majority Abstentions, since 1999-2004, added to 3 "NO" to EU Referenda in 2005 and 2007, proved meanwhile..

Let's hope that the Time wasted by some scandalous anti-European and anti-Democratic obstacles of the Past, will stimulate faster, simplified but substantial and persistent, efficient action.-

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2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

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