Unione Europea

Legislazione in discussione

Title Patent law: patentability of computer-implemented inventions
Reference COD/2002/0047
Rapporteur Arlene McCARTHY - PSE (Labour UK)
Responsible Frits BOLKESTEIN - DG Internal market
Subject(s) 3.50.04- industrial property, European patent, Community patent, design and pattern
Stage reached Procedura di Codecisione.
In prima lettura il PE ha parzialmente ribaltato il contenuto della direttiva, il Consiglio ha ristabilito e peggiorato la proposta della Commissione,e' in della seconde lettura al PE
Obiettivo Estendere la brevettabilita' per allinearsi alle pratiche brevettuali USA, legalizzare la deriva dell'EPO (ufficialmente "armonizzazione")

Title Draft Framework Decision on the retention of data processed and stored in
connection with the provision of publicly available electronic communications
services or data on public communications networks for the purpose of
prevention, investigation, detection and prosecution of crime and criminal
offences including terrorism
Reference 8958/04 - CRIMORG 36 TELECOM 82
Responsible proposal by the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom
Subject(s) 3.50.04- industrial property, European patent, Community patent, design and pattern
Stage reached Proposta presentata al consiglio
Obiettivo Sistema di archiviazione dei dati di traffico telefonico ed internet relativi ai cittadini europei . Conservazione dei dati fino a 3anni: mittente e destinatario dei messaggi di posta elettronica, date e ore edi tutti i siti internet visitati. Dati di localizzazione di telefonia mobile.


Legislazione approvata

Title DIRECTIVE on measures and procedures to ensure the enforcement of intellectual property rights
Reference COD/2003/0024
Rapporteur Janelly FOURTOU - PPE (FR)
Responsible Frits BOLKESTEIN - DG Internal market (i suoi commenti)
Subject(s) 3.50.04- industrial property, European patent, Community patent, design and pattern
Stage reached Procedura di Codecisione.
Approvata in seconda lettura dal PE nella sessione di Aprile 2004
Obiettivo Allinearsi alle posizioni USA, espresse dalla legge DMCA (ufficialmente "armonizzazione")

Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the
harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10) (COD/1997/0359);(processo legislativo)

Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ
L 77, 27.3.1996, p. 20);

Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ L 248, 6.10.1993, p. 15);

Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights (OJ L 290, 24.11.1993, p. 9);

Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to
copyright in the field of intellectual property (OJ L 346, 27.11.1992, p. 61);

Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (OJ L 122, 17.5.1991, p. 42);

Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit
of the author of an original work of art (OJ L 272, 13.10.2001, p. 32).

Legislazione USA

Digital Millennium Copyright Act (DMCA)
The Digital Milennium Copyright Act (DMCA) was drawn with the intention of protecting copyright holders by providing anti-circumvention rules and a dismantling of ISP's safe harbor provision.
The goal of the Digital Millennium Copyright Act (DMCA) was to afford copyright owners extra protection for their works in the digital world. Many believe that although its goal is admirable, the DMCA tipped the delicate balance of copyright overly in favor of the copyright owner.
Although often sited on its own, the DMCA is a part of copyright law, found mainly found at Title 17, Sections 1201 and 512.

(officially the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)
It broadly expands law enforcement's surveillance and investigative powers and represents one of the most significant threats to civil liberties, privacy and democratic traditions in U.S. history. It was quickly developed as anti-terrorism legislation in response to the September 11, 2001 attacks. The large and complex law received little Congressional oversight and debate, and was signed into law by President Bush Oct. 26, 2001.
PATRIOT gives sweeping anti-privacy powers to domestic law enforcement and international intelligence agencies and eliminates checks and balances that previously gave courts the opportunity to ensure that those powers were not abused. PATRIOT and follow-up legislation now in development threaten the basic rights of millions of Americans.
Why is EFF concerned about PATRIOT?
Under PATRIOT, civil liberties, especially privacy rights, have taken a severe blow:
* The law dramatically expands the ability of states and the Federal Government to conduct surveillance of American citizens. The Government can monitor an individual's web surfing records, use roving wiretaps to monitor phone calls made by individuals "proximate" to the primary person being tapped, access Internet Service Provider records, and monitor the private records of people involved in legitimate protests.
* PATRIOT is not limited to terrorism. The Government can add samples to DNA databases for individuals convicted of "any crime of violence." Government spying on suspected computer trespassers (not just terrorist suspects) requires no court order. Wiretaps are now allowed for any suspected violation of the Computer Fraud and Abuse Act, offering possibilities for Government spying on any computer user.
* Foreign and domestic intelligence agencies can more easily spy on Americans. Powers under the existing Foreign Intelligence Surveillance Act (FISA) have been broadened to allow for increased surveillance opportunities. FISA standards are lower than the constitutional standard applied by the courts in regular investigations. PATRIOT partially repeals legislation enacted in the 1970s that prohibited pervasive surveillance of Americans.
* PATRIOT eliminates Government accountability. While PATRIOT freely eliminates privacy rights for individual Americans, it creates more secrecy for Government activities, making it extremely difficult to know about actions the Government is taking.
* PATRIOT authorizes the use of "sneak and peek" search warrants in connection with any federal crime, including misdemeanors. A "sneak and peek" warrant authorizes law enforcement officers to enter private premises without the occupant's permission or knowledge and without informing the occupant that such a search was conducted

Super DMCAs by States
A list of passed and pending Super DMCAs. The list is state by state, and contains in depth information for contacting representatives for each state

Arkansas passed, signed by governor
Colorado passed, vetoed by governor
Delaware passed
Florida passed, not yet signed by governor
Georgia didn't make it out of committee
Illinois passed
Massachusetts didn't make it out of committee
Maryland passed
Michigan passed
Oregon didn't make it out of committee, Senate sponsors withdrew support
Pennsylvania passed
South Carolina didn't make it out of committee
Tennessee didn't make it out of committee, Senate sponsors withdrew support
Texas didn't pass
Virginia passed

Canadian Copyright Term Extension Act - February 12, 2004
According to BNA, the Canadian government has reintroduced Bill C-36, which would extend the term of copyright for unpublished works. It is popularly known as the Lucy Maud Montgomery Copyright Term Extension Act, after the popular author whose works entered the public domain on January 1, 2004. Although advocates successfully beat back passage of the proposed Bill last year, it appears it has been reintroduced without change in the current session

Legislazione in elaborazione USA

The USA Patriot ACT II (formally Domestic Security Enhancement Act)
The Department of Justice, with little input from Congress and the American people, is developing follow-on legislation - the Domestic Security Enhancement Act,which would greatly expand PATRIOT's already sweeping powers.

Among its most severe problems, the bill
Diminishes personal privacy by removing checks on government power, specifically by
* Making it easier for the government to initiate surveillance and wiretapping of U.S. citizens under the authority of the shadowy, top-secret Foreign Intelligence Surveillance Court. (Sections 101, 102 and 107)
* Permitting the government, under certain circumstances, to bypass the Foreign Intelligence Surveillance Court altogether and conduct warrantless wiretaps and searches. (Sections 103 and 104)
* Sheltering federal agents engaged in illegal surveillance without a court order from criminal prosecution if they are following orders of high Executive Branch officials. (Section 106)
* Creating a new category of “domestic security surveillance” that permits electronic eavesdropping of entirely domestic activity under looser standards than are provided for ordinary criminal surveillance under Title III. (Section 122)
* Using an overbroad definition of terrorism that could cover some protest tactics such as those used by Operation Rescue or protesters at Vieques Island, Puerto Rico as a new predicate for criminal wiretapping and other electronic surveillance. (Sections 120 and 121)
* Providing for general surveillance orders covering multiple functions of high tech devices, and by further expanding pen register and trap and trace authority for intelligence surveillance of United States citizens and lawful permanent residents. (Sections 107 and 124)
* Creating a new, separate crime of using encryption technology that could add five years to any sentence for crimes committed with a computer. (Section 404)
* Expanding nationwide search warrants so they do not have to meet even the broad definition of terrorism in the USA PATRIOT Act. (Section 125)
* Giving the government secret access to credit reports without consent and without judicial process. (Section 126)
* Enhancing the government’s ability to obtain sensitive information without prior judicial approval by creating administrative subpoenas and providing new penalties for failure to comply with written demands for records. (Sections 128 and 129)
* Allowing for the sampling and cataloguing of innocent Americans’ genetic information without court order and without consent. (Sections 301-306)
* Permitting, without any connection to anti-terrorism efforts, sensitive personal information about U.S. citizens to be shared with local and state law enforcement. (Section 311)
* Terminating court-approved limits on police spying, which were initially put in place to prevent McCarthy-style law enforcement persecution based on political or religious affiliation. (Section 312)
* Permitting searches, wiretaps and surveillance of United States citizens on behalf of foreign governments – including dictatorships and human rights abusers – in the absence of Senate-approved treaties. (Sections 321-22)

CAPPS II ( Computer Assisted Passenger Profiling System)
The proposed airline profiling program CAPPS II (for Computer Assisted Passenger Profiling System) would make every American a suspect.
This program would give the government a new role unprecedented in American life: running background checks on Americans who fly, and giving them a “risk score.” Secretive, lacking due process protections for people who are unfairly tagged, and yet easy for terrorists to circumvent, this program once put in place will grow into a most un-American system of internal border controls.

S. 2237 Protecting Intellectual Rights Against Theft and Expropriation (PIRATE) Act of 2004
The PIRATE Act would amend chapter 5 of title 17 of the United States Code to authorize civil copyright enforcement by the Attorney General. Download the attachment to see a draft of the legislation.

HR 4077, The Piracy Deterrence and Education Act of 2004 (formerly HR 2517)
Legislation to provide criminal penalties for violation of copyright laws over peer-to-peer networks. The bill also requires the Justice Department to establish an Internet Use Education program to educate the public "concerning the value of copyrighted works and the effects of the theft of such works on those who create them."

New Database Bill is Pending in the House--Your Right to Get the Facts is at Stake
The Database and Collections of Information Misappropriation Act (HR 3261) is currently pending in the United States House of Representatives and to the detriment of the public interest, would create a new type of intellectual property for databases.

Digital Media Consumer's Rights Act--H.R. 107
Introduced by Rick Boucher, the DMCRA requires labels on copy-protected compact discs and restores the legal use of digital content and scientific research prohibited by the Digital Millennium Copyright Act (DMCA).

The Public Domain Enhancement Act--H.R. 2601
The Public Domain Enhancement Act is a bill proposed by Rep. Zoe Lofgren that would increase the amount of works in the public domain.

H.R. 2517 - The Piracy Deterrence and Education Act of 2003
Rep. Lamar Smith introduced H.R. 2517 to help deterring piracy through education and increased law enforcement.

H.R. 2752 - The Author, Consumer, and Computer Owner Protection and Security (ACCOPS) Act of 2003
The proposed bill would go further to punish copyright infringement, in particular, infringement caused by peer-to-peer sharing.

Directory of information on the proposed Content Protection for Recordable Media (CPRM) system, a scheme under which computer hardware vendors would build "copy protection" into all hard drives and other computer data storage devices.