Jag är euforisk. Ett EU-utskott har röstat igenom nedanstående punkter enhälligt. Jag har helt enkelt klistrat in Ricks punktade lista, för de här kan inte upprepas för mycket!

  • Participate in efforts to make the Internet an important tool for the empowerment of users, an environment which allows the evolution of ‘bottom up’ approaches and of e-democracy, while at the same time ensuring that significant safeguards are established as new forms of control and censorship can develop in this sphere; the freedom and protection of private life that users enjoy on the Internet should be real and not illusory;
  • Recognise that the Internet can be an extraordinary opportunity to enhance active citizenship and that, in this respect, access to networks and contents is one of the key elements; recommend that this issue be further developed on the basis of the assumption that everyone has a right to participate in the information society and that institutions and stakeholders at all levels have a general responsibility to assist in this development, thus attacking the twin new challenges of e-illiteracy and democratic exclusion in the electronic age;
  • Ensure that Member States that intercept and monitor data traffic, regardless of whether that applies to their own citizens or to data traffic from abroad, do so under the strict conditions and safeguards provided by law; call on Member States to ensure that remote searches, if provided for by national law, are conducted on the basis of a valid search warrant issued by the competent judicial authoroties; note that simplified procedures for conducting remote searches in comparison with direct searces are unaccaptable, as they infringe the rule of law and the right to privacy (detta från ett ändringsförslag av Inger Segelström som röstades igenom i utskottet)
  • Ensure together with other relevant actors that security, freedom of expression and privacy, as well as openness on the Internet, are approached not as competing goals, but instead are delivered simultaneously within a comprehensive vision that responds adequately to all these imperatives;
  • Invite the Presidency of the Council and the Commission to reflect on a comprehensive strategy in order to combat cybercrime, including the ways in which to address the issue of “identity theft” at EU level;
  • Encourage reflection on the necessary cooperation between private-public players in this field and on the enhancement of law enforcement cooperation;
  • Pursue the work undertaken within the framework of the Check the Web project and promote actions aiming at improving the circulation of information on cybercrime, such as the recent initiatives for setting up national alert platforms and a European alert platform for reporting offences committed on the Internet, provided that the necessary safeguards are in place;
  • Encourage programmes to protect children and educate their parents as set out in EU law with respect to the new e-dangers and provide an impact assessment of the effectiveness of existing programmes to date;
  • Proceed to the adoption of the directive on criminal measures aimed at the enforcement of intellectual property rights while simultaneously prohibiting, in pursuit of that purpose, the systematic monitoring and surveillance of all users’ activities on the Internet, and ensuring that the penalties are proportionate to the infringements committed; within this context, also respect the freedom of expression and association of individual users and combat the incentives for cyber-violations of intellectual property rights, including certain excessive access restrictions placed by intellectual property holders themselves;
  • ensure that the expression of controversial political beliefs through the Internet, including with regard to terrorism, is not subject to criminal prosecution;
  • Consider that “digital identity” is increasingly becoming an integral part of our ‘self’ and in this respect deserves to be protected adequately and effectively from intrusions by both private and public actors; take due account of the importance of anonymity, pseudonymity and control of information flows for privacy and the fact that users should be provided with the means to efficiently protect it;
  • Recognise the danger of forms of Internet surveillance and control aimed also at tracking every ‘digital’ step of an individual, with the aim of providing a profile of the user and of assigning ’scores’; make clear the fact that such techniques should always be assessed in terms of their necessity and their proportionality in the light of the objectives they aim to achieve; emphasise also the need for an enhanced awareness and informed consent of users with respect to their e-activities (e.g., the case of social networks);
  • Examine and prescribe limits to the ‘consent’ that can be requested of and extracted from users, whether by governments or by private companies, to relinquish part of their privacy, as there is a clear imbalance of negotiating power and of knowledge between individual users and such institutions;
  • Strictly limit and define the cases in which a private Internet company may be required to disclose data to government authorities;
  • Condemn government-imposed censorship of the content that may be searched on Internet sites, especially when such restrictions can have a ‘chilling effect’ on political speech;
  • Call on the Member States to ensure that freedom of expression is not subject to arbitrary restrictions from the public and/or private sphere and to avoid all legislative or administrative measures that could have a ‘chilling effect’ on the speech of individuals;
  • Draw attention to the fact that the development of the ‘Internet of things’ should not sidestep the protection of data and of citizens’ rights;
  • Encourage the promotion of the “privacy by design” principle according to which privacy and data protection requirements should be introduced as soon as possible in the lifecycle of new technological developments;
  • Exhort all Internet players to engage in the on-going process of the “Internet Bill of Rights,” which builds on existing fundamental rights, promotes their enforcement, and fosters the recognition of emerging principles; in this respect the dynamic coalition on the Internet Bill of Rights has a leading role to play;
  • Ensure that, in this context, a multi-stakeholder, multi-level, process-oriented initiative and a mix between global and local initiatives are considered in order to specify and protect the rights of Internet users and thereby ensure the legitimacy, accountability and acceptance of the process;
  • Encourage the active participation of the EU in different international fora dealing with global and localised aspects of the Internet, such as the Internet Governance Forum (IGF);
  • Take part together with all the relevant EU actors in the establishment of a European IGF that would take stock of the experience gained by national IGFs, function as a regional pole, and relay more efficiently Europe-wide issues, positions and concerns in the upcoming international IGFs.

Texten finns i sin helhet här, och även på svenska.

Precis som Dexe skriver är det här utan tvekan en av de underbaraste grejer EU har gjort. De här punkterna är verkligen suveräna! Självklara, men suveräna! Men för att citera Christian Engström (ur en chatt):

det är en bra text, men  det är bara ett utskott som rekommenderar ministerrådet att uppmana medlemsstaterna att göra vissa saker. Inte ens om rådet faktiskt skulle följa utskottets rekommendation någon gång i framtiden blir det bindande för medlemsstaterna

Trots det värmer mig detta Förslag till betänkande på ett sätt jag inte förmår beskriva. Återkommer förmodligen till det här ämnet.