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Category Archives: Cyber Law

S. 2473: Wireless Innovation Act of 2014

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S. 2473: Wireless Innovation Act of 2014 was introduced on June 12, 2014 by Sen. Marco Rubio. The bills table of contents reads;

S.2473 — Wireless Innovation Act of 2014 (Introduced in Senate – IS)

Beginning
June 12, 2014
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
Sec. 1. Short title; table of contents.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
SEC. 3. DEFINITIONS.
SEC. 4. REALLOCATION OF FEDERAL GOVERNMENT SPECTRUM.
SEC. 5. SPECTRUM PIPELINE.
SEC. 6. REALLOCATION INCENTIVE.
SEC. 7. EXPEDITING ROUTINE SECONDARY MARKET TRANSACTIONS.
SEC. 8. ANALYSIS OF SPECTRUM REQUIREMENTS.
SEC. 9. FEDERAL SPECTRUM TRANSPARENCY AND VALUE.

ITU: World Summit on the Information Society 10-year review sets vision for post-2015 development agenda

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Source – ITU:

World Summit on the Information Society 10-year review sets
vision for post-2015 development agenda
WSIS+10 Outcome provides fresh priorities for global ICT ecosystem
Geneva, 12 June 2014 – More than 1600 participants including around 100 Government Ministers and leaders from international organizations, from business, civil society and academia are meeting in Geneva this week to review progress on the outcomes of the World Summit on the Information Society (WSIS) over the last ten years and to set priorities for the post-2015 development agenda.
“Information and communication technologies have long been recognized as key enablers for bridging the digital divide and achieving the three dimensions of sustainable development: economic growth, environmental balance and social inclusion,” said Mr Ban Ki-moon, Secretary-General of the United Nations. “We must do everything in our power to increase access to ICTs and broadband connectivity across the world, including reaching people in remote areas, land-locked countries, small island developing states and the least developed countries. This will empower millions of people and enable us to meet our development goals in the post-2015 era.”
With the rapid development of information and communication technologies (ICT) and the mainstreaming of ICTs into everyday life, the link between these technologies and human development has become increasingly important. It has therefore become necessary to consider the development of an inclusive information society in the broader context of the post-2015 development agenda, and this has been outlined in the WSIS+10 Vision for WSIS Beyond 2015 document, which will be endorsed today.
“The WSIS+10 Outcome Documents will provide a set of fresh priorities for joint action oriented towards the further development of the global ICT ecosystem, while focusing on the power of ICTs in facilitating development,” noted ITU Secretary-General Hamadoun I. Touré at a Press conference today. “We are now paving the way for ICTs to contribute productively in achieving the objectives of the post-2015 sustainable development agenda.”
The need to protect and reinforce human rights, both online and offline, and expanding access to ICTs to all, particularly to vulnerable and marginalized people has been emphasized along with the development and availability of simplified devices to facilitate digital inclusion.
Capacity building to keep pace with advancing technology, multilingualism in the use of ICTs, preserving cultural heritage in the digital age and addressing environmental challenges with green ICTs are considered priorities along with promoting a digital economy and e-commerce.
Governments are encouraged to implement appropriate national strategies and policies for the advancement of ICTs as enablers for social and economic development and to facilitate enabling regulatory, legal and investment environments to facilitate ICT for Development.
Building confidence and security in the use of ICTs, notably to protect personal data and privacy and to strengthen the security and robustness of networks has been emphasized along with enhancing national and regional capacity to address cybersecurity challenges by encouraging a culture of responsibility and joint efforts of all involved parties. Further strengthening cooperation between all stakeholders at the national, regional and international levels is required, the WSIS+10 Vision document notes.
The WSIS+10 Statement on Implementation of WSIS Outcomes reviews progress over the past ten years. The Statement reaffirmed the importance of ICTs in the further development of the information society, stimulating innovations, empowering different groups of people in developed and developing countries, providing access to information, and fostering economic and social growth. It invites UN system organizations and stakeholders to take full advantage of ICTs in addressing the development challenges of the 21st century and to recognize them as cross-cutting enablers for achieving the three pillars of sustainable development: economic growth, environmental balance and social inclusion.
The Final WSIS Targets Review was launched on 10 June indicating significant progress in ICT use, access and infrastructure development but with mixed results in bridging the digital divide.
The WSIS Stocktaking Report 2014 draws attention to key achievements by different stakeholders worldwide. WSIS Success Stories provides a key reference point to WSIS projects which were awarded the 2014 WSIS Project Prizes.
Editor’s Note:
The World Summit on the Information Society was held in two phases, in Geneva in 2003 and in Tunis in 2005. The WSIS+10 High-level Event has been coordinated and organized by ITU, and co-organized by ITU, UNESCO, UNCTAD, and UNDP.
UN Agencies FAO, ILO, ITC, UNDESA, UNODC, UPU, UN Women, WMO, WHO, WFP, WIPO and the UN Regional Commissions also played a key facilitating role. The WSIS High-level Event was supported by governments and the private sector, including the United Arab Emirates and Intel (as Strategic partners) as well as Japan, Kuwait, Mexico, Oman, Poland, Qatar, Rwanda, Saudi Arabia and Switzerland along with Côte d’Ivoire, Tunisia, IFIP, ISOC, and ICANN.

FACT SHEET: The U.S.-Brazil Bilateral Relationship

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Source – The White House:

The White House
Office of the Vice President

For Immediate Release June 17, 2014
FACT SHEET: The U.S.-Brazil Bilateral Relationship

Vice President Biden traveled to Brazil to attend the first United States World Cup game and to meet with President Dilma Rousseff and Vice-President Michel Temer to discuss our countries’ broad and multifaceted bilateral relationship. . . .

. . . Internet Governance

Global and Multilateral Partnership

In April 2014, Brazil hosted NetMundial, a global multi-stakeholder meeting to discuss the future of Internet governance. The U.S. government was pleased to serve as a member of the High-Level Multi-stakeholder Committee along with representatives of eleven other countries (Argentina, Brazil, France, Germany, Ghana, India, Indonesia, South Africa, South Korea, Tunisia, and Turkey) and twelve representatives of civil society, the private sector, academia, and the technical community. The United States and Brazil, along with the other meeting participants, worked to develop a shared vision for the multi-stakeholder model of Internet governance that seeks further evolution to an increasingly open, inclusive, and responsive system.

Vice-President Biden spoke to President Dilma and Vice-President Temer about global and regional developments and welcomed Brazil’s efforts to promote dialogue in Venezuela. The United States and Brazil are committed to promoting democracy, respect for human rights, cultural awareness, and social and economic inclusion around the world. The two governments have also worked closely to promote the human rights of LGBT persons, to ensure a stronger Inter-American Human Rights Commission, and to support the OAS Inter-American Convention Against Corruption, as part of our common global agenda as members of the Open Government Partnership steering committee. . .

S. 2476: Online Competition and Consumer Choice Act of 2014

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S. 2476: Online Competition and Consumer Choice Act of 2014 was introduced on June 17, 2014 by Sen. Patrick Leahy:

S.2476 — Online Competition and Consumer Choice Act of 2014 (Introduced in Senate – IS)

S 2476 IS

113th CONGRESS
2d Session

S. 2476
To direct the Federal Communications Commission to promulgate regulations that prohibit certain preferential treatment or prioritization of Internet traffic.

IN THE SENATE OF THE UNITED STATES
June 17, 2014

Mr. LEAHY (for himself, Mr. FRANKEN, and Mr. SANDERS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL
To direct the Federal Communications Commission to promulgate regulations that prohibit certain preferential treatment or prioritization of Internet traffic.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the `Online Competition and Consumer Choice Act of 2014′.
SEC. 2. FCC REGULATIONS PROHIBITING CERTAIN PREFERENTIAL TREATMENT OR PRIORITIZATION OF INTERNET TRAFFIC.

(a) In General- Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations that–
(1) prohibit a broadband provider from entering into an agreement with an edge provider under which the broadband provider agrees, for consideration, in transmitting network traffic over the broadband Internet access service of an end user, to give preferential treatment or priority to the traffic of such edge provider over the traffic of other edge providers; and
(2) prohibit a broadband provider, in transmitting network traffic over the broadband Internet access service of an end user, from giving preferential treatment or priority to the traffic of content, applications, services, or devices that are provided or operated by such broadband provider, or an affiliate of such broadband provider, over the traffic of other content, applications, services, or devices.
(b) Rules of Construction-
(1) CERTAIN TRAFFIC NOT AFFECTED- Nothing in this section shall be construed as superseding any obligation or authorization a broadband provider may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or as limiting the ability of the provider to do so.
(2) CLARIFICATION OF AUTHORITY- Nothing in this section shall be construed as limiting the authority of the Commission under any other provision of law, including the authority to promulgate regulations prohibiting or limiting preferential treatment or prioritization of the traffic of an edge provider by a broadband provider under GN Docket No. 14-28 (relating to the matter of protecting and promoting the open Internet).
(c) Enforcement- For purposes of sections 503(b) and 504 of the Communications Act of 1934 (47 U.S.C. 503(b); 504), this section shall be considered to be a part of such Act. With respect to enforcement under this section only, the following modifications of such section 503(b) shall apply:
(1) Paragraph (5) shall not apply.
(2) Paragraph (6) shall be applied by substituting the following: `No forfeiture penalty shall be determined or imposed against any person under this subsection if the violation charged occurred more than 3 years prior to the date of issuance of the required notice or notice of apparent liability.’.
(d) Definitions- In this section:
(1) AFFILIATE- The term `affiliate’ has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
(2) BROADBAND INTERNET ACCESS SERVICE- The term `broadband Internet access service’ has the meaning given such term in section 8.11 of title 47, Code of Federal Regulations.
(3) BROADBAND PROVIDER- The term `broadband provider’ means a provider of broadband Internet access service.
(4) COMMISSION- The term `Commission’ means the Federal Communications Commission.
(5) EDGE PROVIDER- The term `edge provider’ means an individual, institution, or other entity that provides–
(A) any content, application, or service over the Internet; or
(B) a device used for accessing any content, application, or service over the Internet.
(6) END USER- The term `end user’ means an individual, institution, or other entity that uses a broadband Internet access service.

H.R. 4880: Online Competition and Consumer Choice Act of 2014

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H.R. 4880: Online Competition and Consumer Choice Act of 2014 was introduced on June 17, 2014 by Rep. Doris Matsui:

H.R.4880 — Online Competition and Consumer Choice Act of 2014 (Introduced in House – IH)

HR 4880 IH

113th CONGRESS
2d Session

H. R. 4880
To direct the Federal Communications Commission to promulgate regulations that prohibit certain preferential treatment or prioritization of Internet traffic.

IN THE HOUSE OF REPRESENTATIVES
June 17, 2014

Ms. MATSUI (for herself, Mr. WAXMAN, and Ms. ESHOO) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To direct the Federal Communications Commission to promulgate regulations that prohibit certain preferential treatment or prioritization of Internet traffic.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the `Online Competition and Consumer Choice Act of 2014′.
SEC. 2. FCC REGULATIONS PROHIBITING CERTAIN PREFERENTIAL TREATMENT OR PRIORITIZATION OF INTERNET TRAFFIC.

(a) In General- Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations that–
(1) prohibit a broadband provider from entering into an agreement with an edge provider under which the broadband provider agrees, for consideration, in transmitting network traffic over the broadband Internet access service of an end user, to give preferential treatment or priority to the traffic of such edge provider over the traffic of other edge providers; and
(2) prohibit a broadband provider, in transmitting network traffic over the broadband Internet access service of an end user, from giving preferential treatment or priority to the traffic of content, applications, services, or devices that are provided or operated by such broadband provider, or an affiliate of such broadband provider, over the traffic of other content, applications, services, or devices.
(b) Rules of Construction-
(1) CERTAIN TRAFFIC NOT AFFECTED- Nothing in this section shall be construed as superseding any obligation or authorization a broadband provider may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or as limiting the ability of the provider to do so.
(2) CLARIFICATION OF AUTHORITY- Nothing in this section shall be construed as limiting the authority of the Commission under any other provision of law, including the authority to promulgate regulations prohibiting or limiting preferential treatment or prioritization of the traffic of an edge provider by a broadband provider under GN Docket No. 14-28 (relating to the matter of protecting and promoting the open Internet).
(c) Enforcement- For purposes of sections 503(b) and 504 of the Communications Act of 1934 (47 U.S.C. 503(b); 504), this section shall be considered to be a part of such Act. With respect to enforcement under this section only, the following modifications of such section 503(b) shall apply:
(1) Paragraph (5) shall not apply.
(2) Paragraph (6) shall be applied by substituting the following: `No forfeiture penalty shall be determined or imposed against any person under this subsection if the violation charged occurred more than 3 years prior to the date of issuance of the required notice or notice of apparent liability.’.
(d) Definitions- In this section:
(1) AFFILIATE- The term `affiliate’ has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
(2) BROADBAND INTERNET ACCESS SERVICE- The term `broadband Internet access service’ has the meaning given such term in section 8.11 of title 47, Code of Federal Regulations.
(3) BROADBAND PROVIDER- The term `broadband provider’ means a provider of broadband Internet access service.
(4) COMMISSION- The term `Commission’ means the Federal Communications Commission.
(5) EDGE PROVIDER- The term `edge provider’ means an individual, institution, or other entity that provides–
(A) any content, application, or service over the Internet; or
(B) a device used for accessing any content, application, or service over the Internet.
(6) END USER- The term `end user’ means an individual, institution, or other entity that uses a broadband Internet access service.

ITU: Big Data, ‘spectrum crunch’ and strategies to fund new network investment emerge as hottest issues for tech regulators

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Source – ITU:

Big Data, ‘spectrum crunch’ and strategies to fund new network
investment emerge as hottest issues for tech regulators
Conference sees new push for consumer empowerment to put social
development and human needs at forefront of ICT policy
Manama, Bahrain, 5 June, 2014 – Information and communication technology’s increasingly central role in almost every aspect business and social interaction is creating enormous challenges for ICT regulators and policymakers, whose decisions will have a crucial influence on the shape of tomorrow’s world, top speakers told delegates to ITU’s Global Symposium for Regulators (GSR) this week.
The world’s largest annual gathering of ICT regulatory experts, GSR-14 was hosted by Bahrain’s Telecommunications Regulatory Authority under the patronage of Prime Minister HRH Prince Khalifa bin Salman Al Khalifa. Chaired by TRA Chairman Dr Mohammed Alamer, over 700 leading specialists from 113 countries worldwide registered to attend the event, which grappled with the many complex legal and public policy issues raised by our increasingly interconnected digital environment.
With the theme of ‘Capitalizing on the potential of the digital world’ the event was one of the best attended GSR events ever, attracting around 80 VVIPs and VIPs, including government ministers, heads of regulatory agencies and C-level industry executives. It was officially opened on Tuesday, 3 June by HRH Sheikh Ali bin Khalifa Al Khalifa, Deputy Premier of Bahrain, HE Sheikh Fawaz bin Mohamed bin Khalifa Al Khalifa, Minister of State for Telecommunications Affairs, and ITU Secretary-General Dr Hamadoun I. Touré.
The conference heard how the fast-growing global store of huge data volumes generated by high-tech sensors, human interaction over web, email and social media sites, and machine-to-machine communications is creating a host of new business opportunities as well as concerns about privacy and the use of personal data by third parties.
Leading Wednesday’s session on Big Data, GSR Discussion Paper co-author Andrew Haire reminded delegates that 90% of the world’s data has been collected over the past two years. With storage costs now low, the trend towards long-term storage of almost any kind of data – even information with no immediate obvious value – creates new potential for improving social services in areas like epidemiology, environmental management and disaster response, but also raises concerns about privacy protection and over-concentration of the data collection market into powerful monopolies. Regulators need to be proactive about putting in place frameworks to harness the social benefits of Big Data while exercising foresight in protecting legitimate consumer concerns, the conference was told.
Consumer empowerment and the need to share resources were leitmotifs of this year’s event, as regulators stressed the social importance of affordable ICT access, and operators and service providers sought ways of enhancing competition and bringing new products to market in the most cost-effective ways possible.
The need for more radiofrequency spectrum to alleviate ‘spectrum crunch’ and support a growing array of wireless services was one issue where concepts around shared spectrum approaches stimulated vigorous debate, both during a pre-event workshop hosted by ITU’s Radiocommunication Bureau, and at a special session on spectrum licensing held on Wednesday 4 June. During an animated discussion, several speakers and delegates stressed the importance of reliable spectrum allocations that deliver return on investment for ICT players and service quality for users, urging regulators to be open to evolution while ensuring the protection of existing services.
In Wednesday’s Network Debate session, experts from the policy-making sphere, the telco community and the satellite industry also emphasized sharing – this time, of infrastructure, as part of innovative strategies that can help the ICT industry grow networks in today’s largely privatized environment, where national governments – the builders of most of today’s existing fixed copper and fibre networks – no longer directly fund new network build-out.
Panellists noted that shared approaches can help new players enter markets, stimulating competition and giving consumers great choice. They also emphasized that in a highly capital-intensive sector, good levels of return on investment are essential, as are clear and predictable regulatory frameworks that promote investor confidence. For regulators, that means ICT frameworks need to be flexible enough to support innovation and new business models while ensuring current players still have the opportunity to develop and grow their operations, observed moderator Kamal Shehadi, Chief Regulatory Officer with leading Middle East operator Etisalat and Chairman of the GSR-09 event held in Lebanon, Beirut in 2009.
A global forum for exhange
The largest specialized gathering of ICT policy makers, the annual Global Symposium for Regulators was launched by ITU 15 years ago with the aim of stimulating debate, knowledge sharing and exchange of best practice among regulators, government policy analysts and other ICT stakeholders.
GSR ensures the voice of industry is brought in through the Global Regulators-Industry Dialogue (GRID), where private sector experts have the chance to debate key issues with their regulatory counterparts.
The event concluded this afternoon with a set of regulatory Best Practice Guidelines which emphasized the importance of flexibility and manoeuvrability for regulators, and of a holistic approach to today’s converged environment to take into account the needs of a broader digital ecosystem, rather than traditional service categories like ‘telecoms’ or ‘broadcasting’.
Outputs from the meeting will be incorporated into the next edition of ITU’s flagship regulatory report, Trends in Telecommunication Reform, which will be released in the coming months.
In his closing address to GSR-14 delegates earlier today, the Director of ITU’s Telecommunication Development Bureau, Brahima Sanou, said: “Capitalizing on the potential of the digital world can only be achieved through collaborative efforts, resulting in effective and smart regulation. Empowering consumers, redefining responsibilities and creating the conditions for all citizens to benefit from the potential of the digital world further calls upon cooperation at all levels, national, regional and international.”
GSR-14 Chair Dr Mohammed Alamer noted: “Together, we identified measures needed to protect the rights of telecoms and ICT consumers – without stifling innovation – that will enhance the consumer’s experience of living in a competitive, safe and trustworthy digital environment. GSR-14’s cadre of regulators identified proactive policy and regulatory measures in the following areas: redefining consumer protection needs along the value chain, from ICT networks to apps and services; identifying priorities and responsibilities of ICT stakeholders (government, industry and consumers) in a digital environment; and expanding the regulator’s mandate and enforcement measures to ensure effective consumer protection in a converged digital environment – in particular in dealing with privacy, data protection, protection against fraud, and misuse.”
In addition to three days of intensive discussions, the event featured a number of focused side events including an ITU Workshop on White Spaces and Dynamic Spectrum Access, a seminar on “Satellite Communications Spectrum: Assessing User Needs for Connectivity”, co-organized by the Global VSAT Forum and the International Telecommunications Satellite Organization, a dedicated meeting of private sector Chief Regulatory Officers, and special meeting of Regulatory Associations from around the world.
ITU Secretary-General Dr Touré also paid tribute to all former GSR chairs at a special awards ceremony, held at a gala event on the evening of June 3 at Bahrain’s Al Areen Palace resort.
The full set of GSR-14 Discussion Papers are available here.
A comprehensive overview of Bahrain’s ICT market with latest tech statistics is available at: www.itu.int/en/newsroom/gsr-14/Documents/bahrain-ict-market.pdf.
Background information, including speeches of the high-level participants and key global statistics on broadband, are available on the GSR-14 Newsroom at www.itu.int/en/newsroom/gsr-14/Pages/default.aspx.
Download GSR-14 photos: www.flickr.com/photos/itupictures/collections/72157631420351334/
Watch the GSR-14 video highlights: http://bit.ly/1hAUEHG

France: N° 588 PROPOSITION DE RÉSOLUTION PRÉSENTÉE EN APPLICATION DE L’ARTICLE 34-1 DE LA CONSTITUTION, visant à proclamer Edward SNOWDEN Citoyen d’honneur de la République française et à lui accorder l’asile politique

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Source – French Senate:

N° 588

SÉNAT

SESSION ORDINAIRE DE 2013-2014

Enregistré à la Présidence du Sénat le 5 juin 2014

PROPOSITION DE RÉSOLUTION

PRÉSENTÉE EN APPLICATION DE L’ARTICLE 34-1 DE LA CONSTITUTION,

visant à proclamer Edward SNOWDEN Citoyen d’honneur de la République française et à lui accorder l’asile politique,

PRÉSENTÉE

Par Mmes Chantal JOUANNO, Catherine MORIN-DESAILLY, MM. Yves POZZO di BORGO, Joël GUERRIAU, Mmes Nathalie GOULET, Muguette DINI, Leila AÏCHI, Aline ARCHIMBAUD, Esther BENBASSA, Marie-Christine BLANDIN, Corinne BOUCHOUX, MM. Ronan DANTEC, Jean DESESSARD, André GATTOLIN, Joël LABBÉ, Jean-Vincent PLACÉ, Jean BIZET et Mme Sophie JOISSAINS,

Sénateurs

EXPOSE DES MOTIFS

Mesdames, Messieurs,

Le 3 juin dernier, L’Express fit honneur à l’héritage moral de ses fondateurs Jean-Jacques SERVAN-SCHREIBER et Françoise GIROUD : il lança ce jour-là une pétition pour demander à François Hollande d’accorder l’asile politique à Edward SNOWDEN. Les auteurs de la présente résolution souscrivent à ces arguments, et les reprennent donc afin qu’en adoptant cette résolution, notre assemblée les fasse siens à son tour.

En juillet prochain, le visa d’Edward SNOWDEN arrivera à expiration en Russie. Nul ne sait alors ce qu’il adviendra de lui dans le contexte international actuel.

La France, pays des droits de l’Homme et de la liberté de la presse, a une obligation particulière à l’égard d’Edward SNOWDEN car sa Constitution prévoit que « tout homme persécuté en raison de son action en faveur de la liberté a droit d’asile sur les territoires de la République ».

Les révélations d’Edward SNOWDEN ont montré que les collectes massives d’informations par l’Agence nationale de sécurité (NSA), concernant des citoyens du monde entier, dépassaient le cadre de la lutte nécessaire contre le terrorisme ou contre les autres risques géopolitiques. Lanceur d’alerte, SNOWDEN a permis d’informer le grand public de ces dérives, en plaçant l’intérêt général et l’éthique au-dessus de la raison d’État.

Désormais, dans de nombreuses nations démocratiques, un débat est engagé sur la légitimité des écoutes et la nécessité de les encadrer par des dispositions légales et internationales. Avec le développement des nouvelles technologies de communication, cette réflexion est salutaire et urgente.

Pour toutes ces raisons, il est indispensable d’accueillir Edward SNOWDEN dans un État de droit, afin qu’il puisse se défendre et participer au débat sur le renforcement des libertés publiques.

C’est pourquoi la présente résolution propose que soit accordé à Edward SNOWDEN l’asile politique en France.

Il est cependant nécessaire d’aller plus loin dans l’expression de notre gratitude envers ce lanceur d’alerte civique.

Le 26 août 1792, l’Assemblée législative de la Révolution française accorda le titre de citoyen français à des « patriotes étrangers » distingués par leurs actions ou leurs écrits. Devinrent ainsi « citoyens d’honneur de la République française » des personnes aussi diverses que le militant antiesclavagiste britannique Thomas CLARKSON, le philosophe allemand Friedrich VON SCHILLER, le pédagogue suisse Henri PESTALOZZI et de grands démocrates américains tels que George WASHINGTON, Alexander HAMILTON, James MADISON et Thomas PAINE.

Dans la mesure où Edward SNOWDEN s’est mis en danger pour défendre nos libertés à tous, il est proposé par la présente résolution que notre assemblée se fasse héritière de l’Assemblée législative de jadis et ressuscite cette pratique, en le proclamant citoyen d’honneur de la République française.

PROPOSITION DE RÉSOLUTION

Le Sénat,

Vu l’article 34-1 de la Constitution,

Vu les articles 1er à 6 de la loi organique n° 2009-403 du 15 avril 2009 relative à l’application des articles 34-1, 39 et 44 de la Constitution,

Vu le chapitre VIII bis du Règlement du Sénat,

Vu l’article 14 de la Déclaration universelle des droits de l’homme dispose que « devant la persécution, toute personne a le droit de chercher asile et de bénéficier de l’asile en d’autres pays »,

Considérant que plus que tout autre pays du monde, la France, qui fut et demeure la patrie des droits de l’Homme, a en la matière un devoir d’exemplarité morale,

Considérant qu’il en va de l’honneur de la France que soient préservés son héritage gaullien de courage diplomatique et sa longue tradition du droit d’asile politique,

Considérant que le droit de chacun à la protection de ses données personnelles et le droit de chacun au respect de sa vie privée est une liberté fondamentale garantie en France dans la loi n°78-17 du 6 janvier 1978,

Considérant qu’Edward SNOWDEN, par son engagement de lanceur d’alerte, a défendu ces droits pour tous et qu’il encourt du fait de cet engagement des risques nombreux quant à sa sécurité et son avenir en cas de retour dans son pays,

Considérant qu’il ne dispose aujourd’hui que d’une autorisation de séjour provisoire sur le territoire de la Fédération de Russie,

Considérant que le Parlement a adopté récemment des dispositions favorables à la protection des lanceurs d’alerte,

– Souhaite que M. Edward SNOWDEN soit proclamé citoyen d’honneur de la République française,

– Et plaide afin que puissent être prises toutes les mesures appropriées pour que l’asile politique soit accordé en France à M. Edward SNOWDEN.

EU: 2012 discharge: European Network and Information Security Agency

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Source – EU Parliament:

Texts adopted
PDF 117k DOC 115k
Thursday, 3 April 2014 – Brussels Final edition
2012 discharge: European Network and Information Security Agency
P7_TA(2014)0319 A7-0194/2014
Decision
Decision
Resolution

1.European Parliament decision of 3 April 2014 on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2012 (C7-0300/2013 – 2013/2222(DEC))

The European Parliament ,

– having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2012,

– having regard to the Court of Auditors’ report on the annual accounts of the European Network and Information Security Agency for the financial year 2012, together with the Agency’s replies(1) ,

– having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

– having regard to Article 319 of the Treaty on the Functioning of the European Union,

– having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(2) , and in particular Article 185 thereof,

– having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(3) , and in particular Article 208 thereof,

– having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency(4) , and in particular Article 17 thereof,

– having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(5) ,

– having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(6) , and in particular Article 108 thereof,

– having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

– having regard to the report of the Committee on Budgetary Control (A7-0194/2014),

1. Grants the Executive Director of the European Network and Information Security Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2012;

2. Sets out its observations in the resolution below;

3. Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Network and Information Security Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

(1) OJ C 365, 13.12.2013, p. 172.
(2) OJ L 248, 16.9.2002, p. 1.
(3) OJ L 298, 26.10.2012, p. 1.
(4) OJ L 77, 13.3.2004, p. 1.
(5) OJ L 357, 31.12.2002, p. 72.
(6) OJ L 328, 7.12.2013, p. 42.

2.European Parliament decision of 3 April 2014 on the closure of the accounts of the European Network and Information Security Agency for the financial year 2012 (C7-0300/2013 – 2013/2222(DEC))

The European Parliament ,

– having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2012,

– having regard to the Court of Auditors’ report on the annual accounts of the European Network and Information Security Agency for the financial year 2012, together with the Agency’s replies(1) ,

– having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

– having regard to Article 319 of the Treaty on the Functioning of the European Union,

– having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(2) , and in particular Article 185 thereof,

– having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(3) , and in particular Article 208 thereof,

– having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency(4) , and in particular Article 17 thereof,

– having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(5) ,

– having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(6) , and in particular Article 108 thereof,

– having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

– having regard to the report of the Committee on Budgetary Control (A7-0194/2014),

1. Approves the closure of the accounts of the European Network and Information Security Agency for the financial year 2012;

2. Instructs its President to forward this Decision to the Executive Director of the European Network and Information Security Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

(1) OJ C 365, 13.12.2013, p. 172.
(2) OJ L 248, 16.9.2002, p. 1.
(3) OJ L 298, 26.10.2012, p. 1.
(4) OJ L 77, 13.3.2004, p. 1.
(5) OJ L 357, 31.12.2002, p. 72.
(6) OJ L 328, 7.12.2013, p. 42.

3.European Parliament resolution of 3 April 2014 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2012 (C7-0300/2013 – 2013/2222(DEC))

The European Parliament ,

– having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2012,

– having regard to the Court of Auditors’ report on the annual accounts of the European Network and Information Security Agency for the financial year 2012, together with the Agency’s replies(1) ,

– having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

– having regard to Article 319 of the Treaty on the Functioning of the European Union,

– having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(2) (‘the Financial Regulation’), and in particular Article 185 thereof,

– having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(3) , and in particular Article 208 thereof,

– having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency(4) , and in particular Article 17 thereof,

– having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(5) ,

– having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(6) , and in particular Article 108 thereof,

– having regard to its previous discharge decisions and resolutions,

– having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

– having regard to the report of the Committee on Budgetary Control (A7-0194/2014),

A. whereas, according to its financial statements, the final budget of the European Network and Information Security Agency (‘the Agency’) for the financial year 2012 was EUR 8 158 163, representing an increase of 0,68 % compared to 2011; whereas the Agency’s entire budget derives from the Union budget,

B. whereas the Court of Auditors has stated that it has obtained reasonable assurances that the Agency’s annual accounts for the financial year 2012 are reliable and that the underlying transactions are legal and regular,

Follow-up of the 2011 discharge

1. Acknowledges from the Agency that:
– the amount of carry-overs at the end of 2012 for Title III represented 13 % of the annual budget and that the carry-overs for Title II represented 2 % of the annual budget, while the global amount carried forward represented 8,5 % of the annual budget; acknowledges that the reduction in the level of appropriations carried forward to the next year was achieved by shifting procurement planning from the first quarter of the financial year to the last quarter of the preceding year,
– its first inventory count was launched in April 2013 using ABAC Assets application and technology, whereby the Agency verified the existence, valuation, eligibility and correctness of fixed asset records,
– the necessary measures were taken to address the lack of transparency of recruitment procedures ; acknowledges that the Court of Auditors marked the issue as ‘completed’ in its report;
Budget and financial management

2. Notes with satisfaction that budget monitoring efforts during the financial year 2012 resulted in a budget implementation rate of 100 % and that the payment appropriations execution rate was 91,45 %;

Commitments and carryovers

3. Acknowledges that the Court of Auditors’ annual audit has found no notable issues as regards the level of carry-overs in 2012 and commends the Agency for adhering to the principle of annuality and for timely execution of its budget;

Transfers

4. Notes with satisfaction that according to the annual activity report, as well as the Court of Auditors’ audit findings, the level and nature of transfers in 2012 have remained within the limits of the financial rules and commends the Agency for its good budgetary planning;

Procurement and recruitment procedures

5. Notes that for the year 2012, neither sampled transactions nor other audit findings have led to any comments on the Agency’s procurement procedures in the Court of Auditors’ annual audit report;

6. Notes that the Court of Auditors made no comments in its annual audit report for 2012 as regards the Agency’s recruitment procedures;

Prevention and management of conflicts of interests and transparency

7. Acknowledges that the Management Board approved and signed the decision on practical arrangements for implementing transparency and confidentiality rules in October 2013;

8. Observes that the CVs and declarations of interests of the members of the Management Board are not publicly available; calls on the Agency to remedy the situation as a matter of urgency;

Comments on internal controls

9. Notes with concern that according to the Court of Auditors’ annual audit report, although the Financial Regulation and the corresponding implementing rules provide for a physical inventory of fixed assets at least every three years, this was not respected and the Agency did not carry out a comprehensive physical inventory in 2012, following the physical inventory of 2009; acknowledges that it would have been either very difficult or even counterproductive to carry out an inventory in 2012 because the inventory management module of the integrated budget and accounting platform, supported by the Commission (DG BUDG), has only been in place since that same year; acknowledges that this issue has been addressed with the new system in 2013;

Internal audit

10. Acknowledges from the Agency that in 2012 the Commission’s Internal Audit Service (IAS) carried out an in-depth risk assessment exercise in order to determine the audit priorities for the coming three years; observes that the IAS submitted its final strategic audit plan for 2013-2015 on 3 December 2012, defining the prospective topics for the IAS audits of the Agency for this period; notes that the IAS also carried out a desk review on information provided by the Agency, which showed that no critical recommendations were open as of 31 December 2012; notes with concern, however, that the implementation of four very important recommendations was delayed, with respect to the deadlines defined by the Agency in the original action plans; notes that two of those recommendations are actually closed;

Performance

11. Requests that the Agency communicate the results and impact its work has on European citizens in an accessible way, mainly through its website;

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12. Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 3 April 2014(7) on the performance, financial management and control of the agencies.

(1) OJ C 365, 13.12.2013, p. 172.
(2) OJ L 248, 16.9.2002, p. 1.
(3) OJ L 298, 26.10.2012, p. 1.
(4) OJ L 77, 13.3.2004, p. 1.
(5) OJ L 357, 31.12.2002, p. 72.
(6) OJ L 328, 7.12.2013, p. 42.
(7) Texts adopted, P7_TA(2014)0299.

Request for Comments on Big Data and Consumer Privacy in the Internet Economy

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Source – NTIA:

Request for Comments on Big Data and Consumer Privacy in the Internet Economy
Topics:
Internet Policy Task Force Privacy Internet Policy
Date:
June 04, 2014
Docket Number:
Docket No. 140514424-4424-01
NTIA is requesting comment on “big data” developments and how they impact the Consumer Privacy Bill of Rights. NTIA and the Department of Commerce invite public comment on these issues from all stakeholders, including the commercial, academic, and public interest sectors, legislators, and from governmental consumer protection and enforcement agencies.

Comments are due on or before 5 p.m. Eastern Time on August 5, 2014.