EU Sues Sweden Over ISP Data
Source: Tom's Guide US | Keywords: european, union, internet, isp, lawsuit | Themes: The Internet
In a world where everyone sues their neighbor and his dog, the EU has decided to sue Sweden over the fact that Swedish ISPs arent retaining customer data.
In a world where everyone sues their neighbor and his dog, the European Commission (EU) has decided to sue Sweden over the fact that its ISPs aren't retaining customer data. To be more specific, the EU is striking out at the Nordic state for not implementing the Data Retention Directive that was passed by the commission back in 2006. Currently five other territories have yet to enforce the directive: Austria, Greece, Ireland, the Netherlands, and Poland.
Without the data retention law in place, local ISPs currently have the ability to dodge the legal system when it comes to providing local authorities with incriminating evidence based on personal information (IP address, email messages, phone messages etc.). Without data retention, Sweden's new Intellectual Property Rights Enforcement Directive is virtually ineffective in catching pirates.
The Swedish newspaper Svenska Dagbladet is citing several reasons why the legislation hasn't taken effect. Apparently, the Swedish Justice Ministry has been quite busy, and hasn't made the Data Retention Directive a priority, nor is it Justice Minister Beatrice Ask's "favorite project." However, Sweden had three years to put the directive into place, and still nothing was accomplished by the time the March 2009 deadline came and went. Yet ironically, the country was quick to implement the Intellectual Property Rights Enforcement Directive (IPRED) back in April, a bill that actually needed data retention in order to be more effective.
According to the EU, the Data Retention Directive commands that all EU member states must implement some kind of data retention legislation with two timeframes: six months or two years. But because Sweden has yet to enter a bill of its own accord, the EU is now taking steps to enforce its Data Retention Directive through legal channels. Many ISPs have already lashed out at both the IPRED and data retention, claiming that holding personal data violates the end-user's rights to privacy. As of this writing, ISPs deleting data on a regular basis.
On a local political level, Camilla Lindberg of the Swedish parliament for the Liberal Party, and Eric Josefsson of the European Parliament for the Left Party originally debated on whether general data retention fits within the boundaries of a democratic society. According to Computerworld, the two agreed that, when it comes to protecting personal freedom and rights, the directive is a terrible and even dangerous tool. They said that the directive even violates the European Convention on Human Rights, and both politicians firmly believe that the European Court of Justice would stand behind that verdict.
As it stands, once all European territories begin to enforce the Data Retention Directive, it will be illegal to delete information too quickly, and illegal to keep data stored for too long. ISPs protecting client anonymously will thus be forced to provide client details in certain legal situations, especially those violating the IPRED in particular. Swedish Minister of Justice Beatrice Ask said that the localized Data Retention Directive bill is definitely in the works, and should be available soon.
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Wonderful, the one thing that kept us from being prosecuted for surfing the web, and watching an illegal video clip on my-tube, or you-space, or watching some odd porn that happens to be illegal... For whatever reason. And now the motherf-cking EU (Which i wish we werent a part of, they've only made it worse) wants to destroy it... I hate politicians. 'Think i'll get into terrorism...
Great, now the damned EU wants to wreck the one thing that lighted a candle in the swedish peoples lives (at least in the lives of the computer bound semi-pirates that just like to watch strange porn, and or, some technically illegal stuff on my-tube, or you-space) Way to go... Maybe i should get into terrorism, after all...
... Annoying this comment section be, sorry for the semi-double post.
Yeah, Europe is generally way cooler than America(I'm posting this from America), but this time, they've proven themselves to be just as bad. At least prostitution is legal in Germany, Holland, and other countries...
...or watching some odd porn that happens to be illegal... For whatever reason...
Umm... WTF?
Had to see this comming a month or two ago when that one ISP (Can't remember name) informed everyone they aren't retaining customer data because they Aren't required to by Swedish law.
Well I suppose there are some good things about the US after all. Protip Europe: Putting all of your ISPs out of business, maybe not such a good idea, enjoy your third world status.
WHO CARES WHAT IS THE PONT OF THIS DATA MAYBE U PPL SHUD STOP WATCHNG PORrN!!
*shakes fist angrily at European Union*
Hmm looks like the EU did not get cashed up enough with Intel's fine. I swear they must have a giant spinning wheel with companies all around it, and play "who shall we sue today" every morning. Well at least the EU has this constant influx of cash to maintain whilst dealing with the global financial crisis.
What if the ISPs don't have the space to 'retain' the data? They most likely need to cut costs like everyone else, why should they have to shelve out money for equipment and upkeep that they don't want or even need? To me this is like requiring the phone company to keep records on how many minutes you rack up, and what numbers you connect to. If those things are out of the norm, they investigate you.
If IPRED guidelines suspects a user is abusing their connection in some way, THEN they should contact the ISP, and run an investigation on them. To me it's just an excuse to run mass sweeps on the collected data in an effort to find people who have 'unique' internet usage. I just have a thing against abusing peoples privacy. This reminds me, recently we heard of a few hackers breaking into databases of health care facilities. What ever happened with that?
Wow, the EU is really fighting for that title of most hated organization in the world. i thought the RIAA had it locked, but the EU is giving them a run for their money....while they sue for everyone else's.
More ways the EU is slowly imploding unto itself.
Soon the New World will have to go there and bail out their sorry asses again when Russia invades.
EU is on the sueing spree, first Microsoft, then Intel, and now.... Sweden ? For a second I started wondering if EU is related to Apple ....
The EU can lick my sack. Sorry just have to say it. They are always out to attack businesses to line their own pockets.
Who needs the EU? FK them right noW! You're a powerfull country, you don't need some political bastards who think they're less corrupt than others to make you screw your people!
Think i'll get into terrorism...
Looking for a partner?
I kid.
Saying such a thing online may be legally declared an act of terrorism in some countries...
Fuck of EU.
Well I suppose there are some good things about the US after all. Protip Europe: Putting all of your ISPs out of business, maybe not such a good idea, enjoy your third world status.
It's not like the general public doesn't know that. It's merely the fools sitting in brussels that don't.
I see the point of knowing which ip address is associated with which client - that's in my book quite fair. But I think noone should have the right to retain collect my personal messages in whichever form just because I could be doing something they don't want me to. When there is reason to assume I am doing something severely incriminating, then fair enough - they can set up something to intercept my data - but they shouldn't be allowed to treat us as criminals by default. Which is essentially what they do. And I live in one of the countries that did implement this. In essense if I wanted to do something illigal on the net, I'd use my administrative mashine at work, redirect traffic thru a mashine on another location, and then out thru our company internet (2x100mbit links) instead of from home .... at home I'm tracked. here we don't offer such detailed logging.
Data retention is a breach of your privacy, and therefore a loss of liberty.
Remember Benjamin Franklin?
What did he say about giving up liberty for safety?
You deserve neither.
Swedes rulez!!!
Interesting to see how a few like to comment on the data retention directive claiming Sweden is doing its citizens a service by NOT implementing the data retention directive, and that IPRED law would be more effective when the directive is implemented.
IMNHO, the way I see it, the data retention directive is line with current EU declarations of human rights, something that Swedish legislation is not.
As it is today with IPRED alone, Private entities can request subscriber info from ISPs, and the ISPs are legally prevented from notifuing the subscriber about the request for their data. Integrity? My *ss!
The data retention directive prevents ISPs from releasing information to any other parties but government/law enforcement agencies. It also forces ISPs to keep data for a specified amount of time, but prohibits them from keeping it any longer. No limitations are set by swedish law today other than the vague phrase "not longer than necessary". Necessary for what?
In Short: Without the data retention Directive, swedish citizens are more liable to be "caught" by private corporations than with the directive.
Do I like IPRED or the DRD? Absolutely not!! But whewhen choosing between two evils...
GO SWEDEN!!!!
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@ThePatriot: That is a great quote, and still 100% applicable today, but I'm pretty sure Thomas Jefferson made it, not Ben Franklin, LOL.
Thomas Jefferson=Founding Father
Ben Franklin=Invented the light bulb
Ben Franklin=Invented the light bulb
Jefferson is on the US $20 note*
Franklin on the $100 note*
I'm looking forward to seeing Bush on the $1,000 note* Rofl
Excuse the 0ff-topic dribble. [/end dribble]
The EU is on a roll............
Oh great now it seems Europe is starting to take a page from America. Sue everyone and anyone and make sure you can violate has many of the peoples rights has possiable in doing so. A friendly warning from here in America: DO NOT LET IT HAPPEN!!! Watch the EU like a hawk.
We're not in control of the morons we put in control over us you know .... it's our fault, but we can't help it anymore. we've fucked up and lost.
...I see the point of knowing which ip address is associated with which client - that's in my book quite fair. But I think noone should have the right to retain collect my personal messages in whichever form just because I could be doing something they don't want me to. When there is reason to assume I am doing something severely incriminating, then fair enough - they can set up something to intercept my data - but they shouldn't be allowed to treat us as criminals by default. Which is essentially what they do. And I live in one of the countries that did implement this...
+1
I completely understand the need to have cooperation between ISPs and the government AFTER evidence is provided on a suspect, but not before. Telephone conversations aren't recorded and stored for a 'necessary amount of time', but you can obtain a warrant to tap a persons phone. I don't see why they don't treat the internet the same way.