Telecoms Package Plenary Voting List

COD/2007/0247 - Trautmann report (networks and services)

Official voting list on EP website

Amending	Amended	Topic	Am. #	Source	Advice	Comment
Trautmann Art. 2.6a	Authorisation Art. 9.1	Net Neutrality	98 part 1: Text as a whole excluding the words "restrictions ... policies"	ITRE	0	no objections on this part
"	"	"	98 part 2: "restrictions ... policies"	"	--	restrictions on access to services and applications endangers net neutrality
Trautmann Art. 2.8	Authorisation Art. 12	Net Neutrality	100 part 1: Everything except paragraph 2e)	ITRE	+	no objections on this part, and even some good support for interoperability
"	"	"	100 part 2: paragraph 2e)	"	--	obligations about "intellectual property rights" (paragraph 2, point e) is out-of-scope
Trautmann Annex I.2.g	Access Annex I.A.19	Net Neutrality	120	ITRE	++	deletion is good, since relation with EUCD and IPRED is out-of-scope
Trautmann Art. 1.8.ea	Framework Art. 8.4.g	Net Neutrality	139	Verts/ALE	++	restrictions subject to criminal law imposed for reasons of public policy, public security or public morality
Trautmann Art. 1.8.e	Framework Art. 8.4.g	Net Neutrality	130=142	IND/DEM + GUE/NGL	++	delete "lawful"
Trautmann Art. 1.8.e	Framework Art. 8.4.g	Net Neutrality	61 part 1: Text as a whole excluding the words "and for this purpose ... lawful content"	ITRE	-	can still be dangerous with reference to Universal Service directive if amendment 112 Harbour is voted
"	"	"	61 part2: "and for this purpose ... lawful content"	"	--	notion of "lawful" threatens net neutrality and is out-of-scope of Telecoms Package
Trautmann Art. 1.8.ea	Framework Art. 8.4.ga	3-strikes	132 part 1: "(ea) In paragraph 4 ... creative content industries"	Toubon, Hieronymi and al.	-	as EDPS has recommanded, cooperation between ISP and copyright industry can be good if completed by an amendment to clarify that it should not allow for systematic and proactive surveillance of Internet usage
"	"	"	132 part 2: in order to foster ... codes of conduct"	"	--	opens door to 3-strikes approach by "joint-industry solutions"
Trautmann Art. 1.8.ea	Framework Art. 8.4.ga	Net Neutrality/Judicial Power	138 part 1: "applying the principle ... judicial authorities" excluding "notably in accordance ... expression and information"	Bono, Cohn-Bendit, Roithová and al.	+++	restore judicial authority
"	"	"	138 part 2: "notably in accordance ... expression and information"	"	+	restore judicial authority with reference to ECHR
"	"	"	138 part 3: "except where ... public morality"	"	++	restore judicial authority with exceptions imposed by subsidiarity principle
Trautmann Art. 1.8.e	Framework Art. 8.4.ga	Net Neutrality	131	IND/DEM + GUE/NGL	++	restrictions can only be dictated by force majeure, network integrity and security or criminal law imposed for reasons of public policy, public security or public morality
Trautmann Art. 1.8.e	Framework Art. 8.4.ga	Net Neutrality	143	IND/DEM + GUE/NGL	++	restrictions can only be dictated by force majeure, network integrity and security or criminal law imposed for reasons of public policy, public security or public morality
Harbour Art. 2.5a	ePrivacy Art. 14.1	DRM	134	IMCO + LIBE	--	allows standardisation of DRM towards detection, interception and prevention of infringements of IPR
Trautmann Art. 1.9	Framework Art. 9	Net Neutrality	64	ITRE	--	"cultural and media policy objectives" opens door to filtering, stick to "promotion of cultural and linguistic diversity"
Harbour Art. 2.5b	ePrivacy Art. 14.3	Net Neutrality	135	IMCO + LIBE	+	adds a requirement to respect net neutrality
Harbour Art. 1.12	[Universal Service Art. 20.5	Net Neutrality	70	IMCO	++	rightfully delete a reference to lawfulness
Harbour Art. 2.3.b	ePrivacy Art. 4.3c	Security	126	IMCO + LIBE	-	breaches of security notified to NRAs, users are notified only if NRAs and ISPs decide so
Trautmann Art. 1.24a	Framework Art. 25a	Technology Mandates / Internet Filtering	133	GUE/NGL	++	prevents Internet filtering
Trautmann Art. 2.8.ba	Authorisation Art. 12.2	Net Neutrality	141	Verts/ALE	++	delete obligations about "intellectual property rights"

COD/2007/0248 - Harbour report (network user's rights, privacy, consumer protection, ...)

Official voting list on EP website

Amending	Amended	Topic	Am. #	Source	Advice	Comment
Vote "en bloc" of ITRE amendments Harbour Recs. 14c, 26b, 26c, 28a, 29, 30a, 30b, Arts. 1.12, 1.20, 1.21	Universal Service Arts. 20.2.1.b, 20.2.2, 20.6, 21.4, 21.4a, 33.2a, 33.3, 34.1.2a	DRM Security Privacy Net Neutrality 3-strikes Interoperability Judicial Power	"en bloc": 1-8, 10, 14-73, 75-78, 80, 82-89, 91-93, 95-100, 102-121, 128-129, 131-147, 149-152 14 27 28 30 33 34 35 62 67 71 75 76 112 113 117	IMCO	"en bloc": --- 14: -- 27: 0 28: 0 30: -- 33: - 34: --- 35: -- 62: -- 67: -- 71: ++ 75: -- 76: -- 112: -- 113: - 117: --	"en bloc": too many loopholes if there are no split votes to fix them 14: allows DRM imposed by NRAs approved by Commission 27: implementing measures regarding security of personal data after consulting ENISA, EDPS, Art29 WP and stakeholders 28: reference to Data Protection Directive 30: IP address as personal data 33: breaches of security notified to NRAs, users are notified only if NRAs and ISPs decide so 34: extends ePrivacy to IPR 35: "fundamental rights" include protection of IPR 62: service providers cannot judge lawfulness without a ruling by judicial authorities 67: opens door to 3-strikes approach 71: rightfully delete a reference to copyright 75: allow restrictions based on lawfullness 76: opens door to 3-strikes approach 112: opens door to 3-strikes approach 113: weakens interoperability clause 117: encourages out-of-courts procedures
Harbour Art. 1.13.b	[Universal Service Art. 22.3	DRM	155=172	IND/DEM + Verts/ALE	++	rewords am193 to guarantee access as far as possible instead of restricting access
Harbour Art. 1.13.b	[Universal Service Art. 22.3	DRM	193	ALDE + PPE-DE + PSE	-	even if references to "lawfullness" have been deleted since previous amendment 81, still opens doors to standardisation of DRM
Harbour Art. 1.16	[Universal Service Art. 28.2a	Net Neutrality	173	Verts/ALE	++	limits restrictions to security and integrity
Harbour Art. 1.16	[Universal Service Art. 28.2a	Net Neutrality	101	IMCO	--	gives power to NRAs for requiring ISPs to impose restrictions
Harbour Art. 2.3.aa	ePrivacy Art. 4.1a	Privacy	156	IND/DEM + Verts/ALE	++	fix am122 by defining security with "integrity, confidentiality and availability" (like preambule of Budapest Convention on Cybercrime)
Harbour Art. 2.3.aa	ePrivacy Arts. 4.1a, 4.1b	Privacy	122	IMCO + LIBE	--	mix lawfullness with security allowing restrictions beyond security purposes
Harbour Art. 2.3.aa	ePrivacy Art. 4.1a	Privacy	175	IND/DEM + Verts/ALE	++	fix am122 by defining security with "integrity, confidentiality and availability" (like preambule of Budapest Convention on Cybercrime)
Harbour Art. 2.3.b	ePrivacy Art. 4.3	Security	187	ALDE + PPE-DE + PSE	+	final revision of this amendment finally allows users to be notified about breaches of security concerning thier personal data, whatever NRAs or ISPs deem necessary
Harbour Art. 2.3.b	ePrivacy Art. 4.3	Security	123	IMCO + LIBE	-	breaches of security notified to NRAs, users are notified only if NRAs and ISPs decide so
Harbour Art. 2.3.b	ePrivacy Art. 4.3a	Security	124	IMCO + LIBE	-	breaches of security notified to NRAs, users are notified only if NRAs and ISPs decide so
Harbour Art. 2.3.b	ePrivacy Art. 4.3b	Security	125	IMCO + LIBE	-	breaches of security notified to NRAs, users are notified only if NRAs and ISPs decide so
Harbour Art. 2.3.b	ePrivacy Art. 4.3.1a	Security	184	ALDE + PPE-DE + PSE	-	allows providers to abstain to notify users of a security breach concerning their private data
Harbour Art. 2.3.b	ePrivacy Art. 4.4.1	Security	127	IMCO + LIBE	0	implementing measures regarding security of personal data after consulting ENISA, EDPS, Art29 WP and stakeholders
Harbour Art 2.4b	ePrivacy Art. 6.6a	Privacy	181	PPE-DE + PSE + ALDE	+	narrows am130 as suggested by EDPS, but without explicit mention of actors of the processing, just "for the legitimate interest of the data controller"
Harbour Art.2.4b	ePrivacy Art. 6.6a	Privacy	130	IMCO + LIBE	--	allows processing of traffic data for broader purposes than pure security
Harbour Art. 2.6a	ePrivacy Art. 15.1	Net Neutrality	179	PPE-DE	--	extends restrictions to the protection of the rights and freedoms of others (including IPR)
Harbour Art. 2.7a	ePrivacy Art. 18.1a	Privacy	186	ALDE + PPE-DE + PSE	++	asks Commission for a report about use of IP addresses as personal data based on an in-depth study as suggested by EDPS
Harbour Annex I.B.bb	[Universal Service Annex I.B.bb	Protection of childrens	157=163=174	IND/DEM + GUE/NGL + Verts/ALE	++	fix am148 by replacing "control of access to unlawful content" by "prevention of access to unsuitable content" and by limiting use of traffic monitoring data to the user
Harbour Annex I.B.bb	[Universal Service Annex I.B.bb	Protection of childrens	148	IMCO	--	allows control of unlawful usages
Harbour Rec. 12c		3-strikes	191	ALDE + PPE-DE + PSE	-	takes into account EDPS advices so that 3-strikes approach is not fostered but still mention relation to copyright infringement, unlawful uses and harmful content
Harbour Rec. 12c		3-strikes	169	Verts/ALE	++	takes into account EDPS advices so that 3-strikes approach is not fostered and go further by deleting any suspicious wording
Harbour Rec. 14		Net Neutrality	11	IMCO	--	notion of "lawful" threatens net neutrality and is out-of-scope of Telecoms Package
Harbour Rec. 14		Net Neutrality	170	Verts/ALE	++	deletes "lawful" references of am11 and go further by putting first users' freedom
Harbour Rec. 14		Net Neutrality	160	IND/DEM + GUE/NGL	+	deletes "lawful" references of am11
Harbour Rec. 14		Net Neutrality	153	IND/DEM + GUE/NGL	+	deletes "lawful" references of am11
Harbour Rec. 14a		Net Neutrality	171	IND/DEM + Verts/ALE	++	rewords am12 to guarantee access as far as possible instead of restricting access
Harbour Rec. 14a		Net Neutrality	154	IND/DEM + Verts/ALE	++	rewords am12 to guarantee access as far as possible instead of restricting access
Harbour Rec. 14a		Net Neutrality	12	IMCO	--	allows restriction to particular types of content or applications
Harbour Rec. 14a		Net Neutrality	177	ALDE	--	"lawfulness" is decided by "relevant authorities of the Member States", ISPs just cooperate
Harbour Rec. 14a		Net Neutrality	194	PPE-DE + PSE	--	"lawfulness" is decided by "relevant authorities of the Member States", ISPs are not responsible
Harbour Rec. 14b		RAND	190	ALDE + PPE-DE + PSE	-	reference to any "reasonable and non-discriminatory" (RAND) wording should be avoided, since such fuzzyness allows unwanted solutions
Harbour Rec. 25		3-strikes	192	ALDE + PPE-DE + PSE	---	allows systematic and proactive surveillance of Internet usage, using decepting wording by preventing against "systematic surveillance of individual internet usage", this is contrary to EDPS opinion
Harbour Rec. 26a		Privacy	180	PPE-DE + PSE + ALDE	+	illustrates the covered types of processing of personal data as suggested by EDPS, but without explicit mention of actors of the processing, just "for the legitimate interest of the data controller"
Harbour Rec. 27a		Privacy	185	ALDE + PPE-DE + PSE	0	asks Commission for a study about use of IP addresses as personal data, but EDPS advice was more coercive
Harbour Rec. 28		Privacy	182	ALDE + PPE-DE + PSE	--	instead of focusing on safeguards of right to privacy and data protection as in Commission initial proposal, extends the safeguard to all fundamental rights, therefore including protection of IPR
Harbour Rec. 29		Security	183	ALDE + PPE-DE + PSE	-	NRAs or "other competent national authority" have still to decide seriousness of breaches of security before alerting users