2014-03-28

‎Copyright exceptions amendments

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Revision as of 12:41, 28 March 2014

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Intro
and
date.

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'''Top Stories'''

 

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* New amendments to [[ORG parliamentary
and
policy update/2014-w13#Copyright_exceptions_amendments| copyright exceptions]] big win for ORG!

 

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* European Court of Justice issue [[ORG parliamentary and policy update/2014-w13#European_Advocate_General_rules_that_Internet_Service_Providers_could_be_held_responsible_for_access_to_copyright_infringement| confusing preliminary judgement]] that may compel ISPs to block access to copyright infringing websites

 

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* The NSA attacked [[ORG parliamentary and policy update/2014-w13#NSA_monitored_Chinese_telecommunications_giant| Chinese telecommunications giant Huawei]]

 

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This is ORG's Parliamentary Update for the week beginning 24/03/2014

 

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If you are reading this online, you can also subscribe to the [http://lists.openrightsgroup.org/listinfo/parliamentary.monitor email version].

 

If you are reading this online, you can also subscribe to the [http://lists.openrightsgroup.org/listinfo/parliamentary.monitor email version].

 

 

 

== Official Meetings ==

 

== Official Meetings ==

 

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Jim Killock met with Labour's Campaign for Human Rights on Monday. On tuesday he met with Dan Carey and ORG's legal team earlier in the week to discuss our ongoing court case against the UK government's mass surveillance programme, [https://www.privacynotprism.org.uk Privacy not Prism]. He is also attending [[European Digital Rights|EDRi's (European Digital Rights)]] General Assembly in Copenhagen.

 

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Javier Ruiz met with [[Mike Weatherley MP]], David Cameron's IP advisor. They discussed copyright exceptions and enforcement and the possibility of ORG's involvement in future policy discussions.

 

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Pam Cowburn had a meeting with [[Big Brother Watch]], on Thursday, to discuss our joint campaign [https://www.dontspyonus.org.uk/org Don't Spy on Us]

 

 

 

==NSA and GCHQ updates==

 

==NSA and GCHQ updates==

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===NSA monitored Chinese telecommunications giant===

 

===NSA monitored Chinese telecommunications giant===

 

 



The [[NSA]] allegedly monitored the Chinese telecommunications company [[Huawei]], with the initial purpose
to find any
links between
them
and the Chinese army. However, documents obtained by Edward Snowden reveal
that
operation
'Shotgiant' then
spread to exploiting
any
equipment sold onto third parties.  

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The [[NSA]] allegedly monitored the Chinese telecommunications company [[Huawei]], with the initial purpose
of finding
links between
the company
and the Chinese army
, through project 'Shotgiant'
. However, documents obtained by Edward Snowden
,
reveal
the
operation spread to exploiting equipment sold onto third parties.

 

 



*
Huawei claims they provide vital technology to allow
the
communication of
a
third of the world
's
population

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*
The NSA programme began in 2007. By 2010
the
NSA's Tailored Access Operations unit found
a
way to break into Huawei's Head Quarter
's
networks

 

 



*
The NSA programme began in 2007. By 2010
the
NSA's Tailored Access Operations unit found a way
to
break into its Head Quarter's networks

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*
Operation Shotgiant, would allow for
the
surveillance of computer and telephone networks sold
to
third parties, nations and allies who do not buy American products

 

 



* Shotgiant, would allow for the surveillance of computer and telephone networks sold to third parties, nations and allies that do not buy American products

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* Documents reveal the purpose of
this
programme: “Many of our targets communicate over Huawei-produced products
(…) We
want to make sure that we know how to exploit these products,
(…) gain
access to networks of interest”



 

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* Documents reveal the purpose of
these
programme
as being
: “Many of our targets communicate over Huawei-produced products
,” the N.S.A. document said. “We
want to make sure that we know how to exploit these products,
” it added, to “gain
access to networks of interest”

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* The NSA was also interested in surveilling Huawei's key customers: Iran, Afghanistan, Pakistan, Kenya and Cuba through their undersea cables  

 

* The NSA was also interested in surveilling Huawei's key customers: Iran, Afghanistan, Pakistan, Kenya and Cuba through their undersea cables  

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===Copyright exceptions amendments===

 

===Copyright exceptions amendments===

 

 



In a major victory for ORG, the [[Intellectual Property Office]] has published their amendments to the [[Copyright, Designs and Patents Act 1988]]
following extensive consultations which ORG has submitted
. The amended legislation legalises private copying, parody, caricature and pastiche.  

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See our blog for ORG's [https://www.openrightsgroup.org/blog/2014/copyright-its-a-long-fight-to-get-it-right position on the developments].

 

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In a major victory for ORG, the [[Intellectual Property Office]] has published their amendments to the [[Copyright, Designs and Patents Act 1988]]. The amended legislation legalises private copying, parody, caricature and pastiche.  

 

 

 

These are some of the amendments, regarding the effects to consumers:

 

These are some of the amendments, regarding the effects to consumers:

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* Making copies of streamed or borrowed works is still not permitted

 

* Making copies of streamed or borrowed works is still not permitted

 

 



* Making copies of owned work, for friends and family,
are
not allowed

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* Making copies of owned work, for friends and family,
is
not allowed

 

 

 

* If you want to sell the original work and have made any personal copies, they must first be deleted.  

 

* If you want to sell the original work and have made any personal copies, they must first be deleted.  

 

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* A disabled person is [http://www.legislation.gov.uk/ukdsi/2014/9780111112694 allowed to make a copy] of a work they have purchased, in order to make it more accessible, if they own the work

 

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* New exception for non-commercial data mining

 

 

 

'''Quotations'''

 

'''Quotations'''

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If the amendments are approved by parliament, the laws will be in force from June 1 2014.

 

If the amendments are approved by parliament, the laws will be in force from June 1 2014.



 



===Department for Business, Innovation and Skills recognise 11 UK universities and the best cyber security research centres===

 



 



[[GCHQ]], the [[Department for Business, Innovation and Skills]] and the Engineering and Physical Sciences Research Council (EPSRC) have nrecognised 11 UK universities as academic centres of excellence for research into cyber security. \

 



 



You can view the list of universities, along with their work, in the governments report on [https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/296010/bis-14-660-developing-our-capability-in-cyber-security-academic-centres-of-excellence-in-cyber-security-research.pdf 'Developing our capability in cyber security' (PDF)]. Or visit the government's website for an official [https://www.gov.uk/government/publications/cyber-security-research-capability-academic-centres-of-excellence press release].

 

 

 

 

== Committees ==

 

== Committees ==

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===Amendments to award harsher punishments to online trolls===

 

===Amendments to award harsher punishments to online trolls===

 

 



On Thursday, the criminal justice and courts bill committee, discussed amendments to the bill that would create harsher punishments for cyber trolls and cyber bullies
issuing sexual harassment
.
currently
, convicted offenders can be given a maximum sentence of six months as they are tried at a magistrates court. the amendment will allow the cases to be tried at a crown court.  

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On Thursday, the criminal justice and courts bill committee, discussed amendments to the bill that would create harsher punishments for cyber trolls and cyber bullies.
Currently
, convicted offenders can
only
be given a maximum sentence of six months as they are tried at a magistrates court. the amendment will allow the cases to be tried at a crown court.  

 

 



The amednments
passed? and
will be voted on [http://www.standard.co.uk/news/crime/government-backs-tougher-sentences-on-cyberbullies-and-text-perverts-9214401.html later in the year (The Evening Standard)].

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The amednments will be voted on [http://www.standard.co.uk/news/crime/government-backs-tougher-sentences-on-cyberbullies-and-text-perverts-9214401.html later in the year (The Evening Standard)].



 

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== Government Bills ==

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== Private Members Bills ==

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== Debates and questions ==

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== International Developments ==

 

== International Developments ==

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===US president asks to end mass collection of US phone calls===  

 

===US president asks to end mass collection of US phone calls===  

 

 



On Thursday, president Obama, announced that he will be asking the American Congress to end the mass collection of American phone conversations. Under his proposals the [[NSA]] would have to first obtain an order from the [[Foreign Intelligence Surveillance Court]] and would only bypass the law under an [https://www.aclu.org/national-security/president-announces-reforms-rein-nsa-spying-americans emergency situation (American Civil Liberties Union)].  

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On Thursday, president Obama, announced that he will be asking the American Congress to end the mass collection of American phone conversations. Under his proposals the [[NSA]] would have to first obtain an order from the [[
United States Foreign Intelligence Surveillance Court (FISA court)|
Foreign Intelligence Surveillance Court]] and would only bypass the law under an [https://www.aclu.org/national-security/president-announces-reforms-rein-nsa-spying-americans emergency situation (American Civil Liberties Union)].



 

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=== Turkey bans YouTube, day after court overules Twitter===

 

=== Turkey bans YouTube, day after court overules Twitter===

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===European Advocate General rules that Internet Service Providers could be held responsible for access to copyright infringement===

 

===European Advocate General rules that Internet Service Providers could be held responsible for access to copyright infringement===

 

 



Advocate General, Cruz Villalón, issued a preliminary ruling on the interpretation of article 5(w) and 2(b) and article 8(3) of directive 2001/29/EC. He found that [[ISP|ISPs]] can be viewed as intermediaries whose services are used to [http://www.theregister.co.uk/2014/03/27/isps_can_be_ordered_to_police_pirates_by_blocking_sites_says_ecj/
infringe copyright
(The Register)]. The
full
ruling has been published [http://www.theregister.co.uk/2014/03/27/isps_can_be_ordered_to_police_pirates_by_blocking_sites_says_ecj/ online].

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Advocate General, Cruz Villalón, issued a preliminary ruling on the interpretation of article 5(w) and 2(b) and article 8(3) of directive 2001/29/EC. He found that [[ISP|ISPs]] can be viewed as intermediaries whose services are used to
infringe copyright. They can thus be ordered to block their customers access to copyright infringing websites, however, without
[http://www.theregister.co.uk/2014/03/27/isps_can_be_ordered_to_police_pirates_by_blocking_sites_says_ecj/
overriding fundamental rights
(The Register)]. The
complete
ruling has been published [http://www.theregister.co.uk/2014/03/27/isps_can_be_ordered_to_police_pirates_by_blocking_sites_says_ecj/ online].



 

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== Devolved Matters ==

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== Law and Legal Cases ==

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==Political Parties==

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==Commercial Stakeholders==

 

==Commercial Stakeholders==

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===The Guardian was threatened with closure after publication of Snowden files===

 

===The Guardian was threatened with closure after publication of Snowden files===

 

 



At a Radiodays Europe conference the deputy editor of the
guardian
newspaper revealed that they were visited by intelligence officials who warned them of closure if they insisted on printing the
stories
. He said “We were threatened that we would be closed down. We were accused of endangering national security and people’s lives. It left us in a very difficult position”. He noted that this directly contrasted the reaction of the Us government to the [http://www.irishtimes.com/news/world/uk/guardian-threatened-with-closure-over-snowden-leaks-conference-told-1.1738203#.UzRZtxO6inc.twitter news stories (The Irish Times)].

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At a Radiodays Europe conference
,
the deputy editor of the
Guardian
newspaper revealed that they were visited by intelligence officials who warned them of closure if they insisted on printing the
documents obtained by Edward Snowden from the [[NSA]]
. He said “We were threatened that we would be closed down. We were accused of endangering national security and people’s lives. It left us in a very difficult position”. He noted that this directly contrasted the reaction of the Us government to the [http://www.irishtimes.com/news/world/uk/guardian-threatened-with-closure-over-snowden-leaks-conference-told-1.1738203#.UzRZtxO6inc.twitter news stories (The Irish Times)].

 

 

 

== ORG Media coverage ==

 

== ORG Media coverage ==

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