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Cybercrime Convention Committee – 2nd Additional Protocol to the Budapest Convention on Cybercrime Discussion Guide

CDT welcomes the opportunity to contribute the observations below in support of the ongoing preparation of a 2nd Additional Protocol to the Budapest Convention. The advance of technology means that law enforcement entities investigating a crime in one county are increasingly seeking data held by a communications service provider in another country. CDT continues to urge that human rights considerations guide cross-border data demands.

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CDT Responds to EC Public Consultation on Tackling Illegal Content Online

In October of last year, the European Commission published its Communication on tackling illegal content online. We criticised it for pushing private companies to police on government’s behalf for content that may be considered harmful or illegal. A few months later, Commission issued a Recommendation doubling down on this approach. The Commission has now conducted a public consultation aiming to ‘gather evidence and data on current practices, respondents’ experiences and organisations’ policies for tackling illegal content online’.

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Open Letter to Rapporteur Axel Voss on EU Copyright Reform

On 24 April, CDT joined over 50 organisations in an open letter addressed to rapporteur and MEP Axel Voss on the EU copyright reform. The letter focuses on the concerns surrounding the European Commission’s proposal for a neighbouring right for press publishers under Article 11 of the Copyright in the Digital Single Market Directive. We call on Mr Voss to delete Article 11 and instead consider proposing a legal presumption.

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Over 145 Organizations Ask Council to Adopt More Cautious and Evidence-Based Approach

On 26 April 2018, over 145 organisations sent an open letter on the EU copyright reform to the EU Member State Ambassadors and Deputy Ambassadors. The letter raises many concerns ahead of the meeting of the COREPER on 27 April, in which the Bulgarian Council Presidency wants EU Member States to endorse their latest copyright proposal. The letter emphasizes that there are still many legal uncertainties and potential unintended consequences of the proposals, which overall require a more cautious decision-making process. 

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CDT’s Response to EC ‘Fake News’ Consultation

On 23 February, CDT filed its response to the European Commission’s Consultation on Tackling ‘Fake News’. In our comments we make a number of observations. First, we point out that there is no consensus on a definition of the concept of fake news, which the consultation document acknowledges. Second, there is a need to gather credible evidence about what material exists fitting the description, and any impact it may have. Third, one essential piece is missing from the Commission’s consultation document: the acknowledgement that the ‘fake news’ issue is now top of the political agenda due to the Russian regime’s deliberate, sustained and increasingly well-documented strategy to interfere with the 2016 U.S. elections. Finally, the questionnaire seeks input on what civil society should do to meet the challenges discussed in the consultation.

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Open Letter to European Commission – Urgent Consideration of Tackling Illegal Content Approach

It has come to our attention that the European Commission plans to issue a set of recommendations on Notice and Action by the end of February 2018; going against their initial plans. We urge the Commission to uphold its promise to continue dialogues and exchanges with stakeholders on how best to tackle illegal content online. The lack of a structured, targeted and multi-stakeholder dialogue would inevitably be detrimental to maintaining a sturdy e-Commerce framework for the EU.

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