Mobilisation 2days to save am138 and citizens rights in Telecoms Package

On Tuesday, April 22nd, 20h00, the ITRE report of the Telecoms Package, rapported by Catherine Trautmann, will be voted.

It may reintroduce amendment 138, crucial safeguard of user's rights on the Internet, and protection against entertainment private police and justice called "graduated response" or "three strikes" schemes.

Yet, The rapporteur Catherine Trautmann is currently negociating with the Council of EU, which under the French presidency, and under very strong influence from N. Sarkozy, deleted the amendment in first reading.

The Council may propose a version of amendment 138 that is completely neutralized, that may even say the opposite by allowing "three strikes" instead of preventing from it.

It is urgent to contact the members of ITRE committee to advise them to reject any form of compromise with the Council that wouldn't respect the word of the initial 138. The best would be to vote again am.138, now numbered amendement 46.

Time is short, so we must act quickly.

Who?

Everybody shall contact Members of the European Parliament seating in the ITRE (Industry, TRansport, Energy) Committee.

Here is MEPs_ITRE_am138 A list of the ITRE members indicating what they previously voted on amendment 138, and their global score on the 1st reading of the Telecoms Package.

Begin with the members from your country, then the substitutes from your country, then members and substitutes from other countries.

IMPORTANT:

• A phonecall is much more efficient than email, especially on such short notice
• On monday, MEPs will be reachable in Brussels. On tuesday they will be in Strasbourg.</

When?

The vote will be cast on Tuesday, April 22nd, 2009, at 20h00. MEPs must be informed before that.

On Tuesday, April 22nd, morning, will be held a Coreper meeting (the diplomatic body preparing the decisions of the Council) that will decide a compromise with Catherine Trautmann. According to our informations, the compromise can only be bad. (instead of an article, which gives the member states an obligation to make it into their law, they insist on making it a recital, that has only indicative value but does not become part of the law!)

What?

Here are the major points you shall explains to the MEPs and their assitants :

• ITRE MEPs shall invite Catherine Trautmann to refuse a weak compromise with the council neutralizing amendement 138, and they shall altogether vote for amendment 46 (which restates exactly amendment 138).

• Right before the elections, its a perfect way of showing the usefulness of the European Parliament, and its commitment towards protecting citizens' rights and freedoms

• Amendment 138 was approved by 88% of the European Parliament in first reading, on Sept 24th 2008. It has been accepted by the Commission, and Mrs Reding herself said that "...."

• Am.138 is protective of users rights. It recalls a fundamental principle of European Law: Only a judge can restrict citizen's fundamental rights and freedoms (Except of course in exceptional cases when public security is threatened)

Original am 138: Recognising that the Internet is essential for the practical exercise of freedom of expression and access to education and information , no restriction may be imposed on the fundamental rights of end-users, without a prior  decision  taken by  competent legal authorities, save when public security is threatened in which case the decision may be subsequent;

• It is directly opposed to "graduated response" (or "three strikes") schemes such as the one being deployed in France (yet it's not a franco-french problem as other EU states are considering such a scheme, and as its imposition was at some point sneaked into the Telecoms Package). It also opposes to other forms of private, parallel justice that would be dangerous for the citizens.

• The Council removed it, with no justification, under high pressure from Nicolas Sarkozy, thus voiding a decision of 88% of the Parliament.

• No compromise shall be accepted that won't be as protective as the original amendment. If it is a recital instead of an article, it will loose all protective power. (The current state of the compromise between the rapporteur and the Council is a weak recital).

• It is a strong signal sent to the EU citizens, when the EU institutions face a deep confidence crisis.

How?

Arguments and counter-arguments

Here are arguments you will hear, and how to invalidate them :

• Going back to amendment 138 (46) would cause a direct opposition with the Council, thus bringing a "conciliation procedure" (sort of a third reading, where the text is negociated between the Parliament and the Council), that would take some more month, and where we may lose what we gained already

Protecting citizens' rights and freedoms must be a more important objective for the Parliament than finishing a text on time. MEPs don't want to show that the European Parliament bends before the Council, this would show that the Parliament is useless and that the Council always gets what it wants.

• Amendment 138/46 is not legal according to the law of some Member States. Some Member States such as France, UK, Sweden, won't accept it through the Council

Maybe these countries just want to make "graduated response" / "three strikes" schemes, such as the disastrous French HADOPI law, or other private police / parallel justice harmful for citizens' rights. It is not tolerable. Also, the Commission accepted the amendment, which means it is legal in EU law.

• Nobody will vote it against the will of the rapporteur Trautmann anyway!

She knows this is the right thing to do for safeguarding EU citizens rights, and she needs a strong majority within the ITRE committe to support her.

A few weeks before the elections, with massive abstention expceted, it would be a very bad signal to send to the voters to reject a strong protection of their rights and freedoms.

Contact us for feedback and help

If you encounter a question you cannot answer, DON'T PANIC. ;) Tell that you will call back, and contact us (contact AT laquadrature DOT net). We will be pleased to help you in answering all your questions.

Please also contact us to tell us how it went with your MEP, and what answer you had.