Brussels, 30/03/2009 (Agence Europe) - On Thursday 26 March, MEPs made recommendations to member state governments on how to combat cybercrime effectively while, at the same time, ensuring the fundamental rights of internet users. With the adoption of the own initiative report by Stavros Lambrinidis (PES, Greece) by 481 votes to 25, with 21 abstentions, they also rejected the principle of the graduated response, backed principally by France, which would see those guilty of illegal downloading denied access to the internet.
In the report on “Strengthening security and fundamental freedoms on the Internet”, MEPs called on the EU to develop a strategy for combating cybercrime, including tackling identity theft and protecting youngsters using the internet, by criminalising grooming (online solicitation of children for sexual purposes). The report also calls for criminal sanctions to protect intellectual property rights “while simultaneously prohibiting, in pursuit of that purpose, the systematic monitoring and surveillance of all users' activities on the internet”. Parliament also calls for “constant attention” to be paid to the absolute protection and enhanced promotion of fundamental freedoms. In this area, MEPs believe that “digital identity” deserves to be protected adequately and effectively from intrusions by both private and public actors. MEPs want member states that intercept and monitor data traffic do so under the strict conditions and safeguards provided for by law. Member states, they say, should 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 authorities. They consider, too that simplified procedures for conducting remote searches are “unacceptable”.
MEPs believe that “ensuring that all citizens have access to the Internet is therefore equivalent to ensuring that all citizens have access to schooling”. They say that “e-illiteracy will be the new illiteracy of the 21st Century”, and access to the internet, just like access to education, should never be denied by governments or private companies. This view is very much at odds with the “Création et Internet” Bill being debated in France, which would, as part of the “graduated response” allow access to the internet to be temporarily denied those guilty of illegally downloading material. The EU Charter of Fundamental Rights makes no direct mention of internet access, but speaks of the right to freedom of expression. This right includes freedom of opinion and freedom to “receive and impart information and ideas without interference by public authority and regardless of frontiers”. If internet access were considered as an EU fundamental right, France could find itself contravening European law. (B.C./transl.rt)