'You can't use Google' - EU Parliament

Euro legislation leaves crucial hole


A number of bullets were dodged as the European Parliament voted on the Harbour proposals for the European broadcast, telecoms and internet industries this week. A couple, sadly, struck home all the same.

The banning of the use of encryption as a way of identifying those breaching intellectual property rights didn't even make it to the voting session, nor did the idea of three strikes and you're cut off from the net - again, originally intended against those sharing others' intellectual property.

The shots not dodged were sometimes minor: service providers will have to provide free filtering software to those who would protect their kiddies from the evils out there. Mandating free supply of software of course rather diminishes the economic incentives for people to write good software to achieve this goal.

Two were more major.

“A competitive market with transparent offerings as provided for in Directive 2002/22/EC should ensure that end-users are able to access and distribute any lawful content and to use any lawful applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC.”

That sounds rather benign, but the effect is that it is the European Union which decides what is lawful content and what is not, rather than national authorities. That might mean that, say, German restrictions on the use of the swastika online would be overturned, although we wouldn't bet on it. It might also mean of course that content not to the taste of the Commission might be declared unlawful - not a power we might want them to have.

The second needs a little background explanation. European law operates on the basis of “legislative certainty”. Roughly speaking it's the difference between the Roman Law system of the continent and the English system of Common Law. As Godfrey Bloom, the UKIP MEP says “EU law defines what you may do. What it doesn't say you may do you can't do.” As opposed to the Common Law system which defines what you may not do and anything not expressly banned is allowed.

“End-users are able to access and use services, including information society services, provided within the Community.”

Under the strictures of legal certainty this seems to be stating that we don't have the right, even permission, to access and use services provided outside the community. That's going to be a bit of a bummer for all those US-based services like Google.com, isn't it? ®

Similar topics

Broader topics


Other stories you might like

  • Google to pay $90m to settle lawsuit over anti-competitive behavior on the Play Store
    US developers that qualify could receive more than $200,000

    Google is to pay $90 million to settle a class-action lawsuit with US developers over alleged anti-competitive behavior regarding the Google Play Store.

    Eligible for a share in the $90 million fund are US developers who earned two million dollars or less in annual revenue through Google Play between 2016 and 2021. "A vast majority of US developers who earned revenue through Google Play will be eligible to receive money from this fund," said Google.

    Law firm Hagens Berman announced the settlement this morning, having been one of the first to file a class case. The legal firm was one of four that secured a $100 million settlement from Apple in 2021 for US iOS developers.

    Continue reading
  • End of the road for biz living off free G Suite legacy edition
    Firms accustomed to freebies miffed that web giant's largess doesn't last

    After offering free G Suite apps for more than a decade, Google next week plans to discontinue its legacy service – which hasn't been offered to new customers since 2012 – and force business users to transition to a paid subscription for the service's successor, Google Workspace.

    "For businesses, the G Suite legacy free edition will no longer be available after June 27, 2022," Google explains in its support document. "Your account will be automatically transitioned to a paid Google Workspace subscription where we continue to deliver new capabilities to help businesses transform the way they work."

    Small business owners who have relied on the G Suite legacy free edition aren't thrilled that they will have to pay for Workspace or migrate to a rival like Microsoft, which happens to be actively encouraging defectors. As noted by The New York Times on Monday, the approaching deadline has elicited complaints from small firms that bet on Google's cloud productivity apps in the 2006-2012 period and have enjoyed the lack of billing since then.

    Continue reading
  • I was fired for blowing the whistle on cult's status in Google unit, says contractor
    The internet giant, a doomsday religious sect, and a lawsuit in Silicon Valley

    A former Google video producer has sued the internet giant alleging he was unfairly fired for blowing the whistle on a religious sect that had all but taken over his business unit. 

    The lawsuit demands a jury trial and financial restitution for "religious discrimination, wrongful termination, retaliation and related causes of action." It alleges Peter Lubbers, director of the Google Developer Studio (GDS) film group in which 34-year-old plaintiff Kevin Lloyd worked, is not only a member of The Fellowship of Friends, the exec was influential in growing the studio into a team that, in essence, funneled money back to the fellowship.

    In his complaint [PDF], filed in a California Superior Court in Silicon Valley, Lloyd lays down a case that he was fired for expressing concerns over the fellowship's influence at Google, specifically in the GDS. When these concerns were reported to a manager, Lloyd was told to drop the issue or risk losing his job, it is claimed. 

    Continue reading
  • Google battles bots, puts Workspace admins on alert
    No security alert fatigue here

    Google has added API security tools and Workspace (formerly G-Suite) admin alerts about potentially risky configuration changes such as super admin passwords resets.

    The API capabilities – aptly named "Advanced API Security" – are built on top of Apigee, the API management platform that the web giant bought for $625 million six years ago.

    As API data makes up an increasing amount of internet traffic – Cloudflare says more than 50 percent of all of the traffic it processes is API based, and it's growing twice as fast as traditional web traffic – API security becomes more important to enterprises. Malicious actors can use API calls to bypass network security measures and connect directly to backend systems or launch DDoS attacks.

    Continue reading
  • FTC urged to probe Apple, Google for enabling ‘intense system of surveillance’
    Ad tracking poses a privacy and security risk in post-Roe America, lawmakers warn

    Democrat lawmakers want the FTC to investigate Apple and Google's online ad trackers, which they say amount to unfair and deceptive business practices and pose a privacy and security risk to people using the tech giants' mobile devices.

    US Senators Ron Wyden (D-OR), Elizabeth Warren (D-MA), and Cory Booker (D-NJ) and House Representative Sara Jacobs (D-CA) requested on Friday that the watchdog launch a probe into Apple and Google, hours before the US Supreme Court overturned Roe v. Wade, clearing the way for individual states to ban access to abortions. 

    In the days leading up to the court's action, some of these same lawmakers had also introduced data privacy bills, including a proposal that would make it illegal for data brokers to sell sensitive location and health information of individuals' medical treatment.

    Continue reading
  • Google: How we tackled this iPhone, Android spyware
    Watching people's every move and collecting their info – not on our watch, says web ads giant

    Spyware developed by Italian firm RCS Labs was used to target cellphones in Italy and Kazakhstan — in some cases with an assist from the victims' cellular network providers, according to Google's Threat Analysis Group (TAG).

    RCS Labs customers include law-enforcement agencies worldwide, according to the vendor's website. It's one of more than 30 outfits Google researchers are tracking that sell exploits or surveillance capabilities to government-backed groups. And we're told this particular spyware runs on both iOS and Android phones.

    We understand this particular campaign of espionage involving RCS's spyware was documented last week by Lookout, which dubbed the toolkit "Hermit." We're told it is potentially capable of spying on the victims' chat apps, camera and microphone, contacts book and calendars, browser, and clipboard, and beam that info back to base. It's said that Italian authorities have used this tool in tackling corruption cases, and the Kazakh government has had its hands on it, too.

    Continue reading
  • Brave Search leaves beta, offers Goggles for filtering, personalizing results
    Freedom or echo chamber?

    Brave Software, maker of a privacy-oriented browser, on Wednesday said its surging search service has exited beta testing while its Goggles search personalization system has entered beta testing.

    Brave Search, which debuted a year ago, has received 2.5 billion search queries since then, apparently, and based on current monthly totals is expected to handle twice as many over the next year. The search service is available in the Brave browser and in other browsers by visiting search.brave.com.

    "Since launching one year ago, Brave Search has prioritized independence and innovation in order to give users the privacy they deserve," wrote Josep Pujol, chief of search at Brave. "The web is changing, and our incredible growth shows that there is demand for a new player that puts users first."

    Continue reading

Biting the hand that feeds IT © 1998–2022