Fidest – Agenzia giornalistica/press agency

Quotidiano di informazione – Anno 33 n° 335

Posts Tagged ‘directive’

Rules and Tools: Exceptions and technologies in the DSM Directive

Posted by fidest press agency su sabato, 17 aprile 2021

Giovedì 22 aprile ore 16:00. Più strumenti digitali che regole (“More tools than rules”) è questo il titolo del seminario organizzato dal centro di ricerca Blockchain, artificial Intelligence and digital Innovation Law Lab (BILL) della Luiss School of Law, in collaborazione con l’Associazione Italiana Editori (AIE). Nel corso del webinar verrà affrontato in modo inedito il tema della Direttiva sul Diritto d’autore nel mercato unico digitale, con uno sguardo sulle opportunità di crescita e di innovazione che la Direttiva apre, accantonando – almeno per un momento – le contrapposizioni che hanno caratterizzato finora il dibattito. La Direttiva, infatti, chiama tutti a ricercare nuove soluzioni basate sulle tecnologie, in grado di conciliare valorizzazione del diritto d’autore e ampliamento degli accessi, tutela del pluralismo e della diversità culturale e globalizzazione digitale.Il punto di partenza è la creazione della European Copyright Infrastructure, di cui in Italia si è finora parlato troppo poco, nonostante sia oggi un elemento centrale della politica comunitaria, tanto da essere inserito tra le priorità del “Piano d’azione sulla proprietà intellettuale per sostenere la ripresa e la resilienza dell’Unione”. L’obiettivo dell’iniziativa comunitaria è ambizioso: creare un’infrastruttura composta da tecnologie, dati e servizi interoperabili che consenta alla gestione online dei diritti d’autore di operare con la stessa semplicità, efficacia e trasparenza con cui funziona Internet. Ad aprire i lavori, il prof. Antonio Nuzzo Direttore della Luiss School of Law e del Centro di Ricerca “BILL – Blockchain, artificial Intelligence and digital innovation Law Lab” dell’Ateneo a cui seguirà – dopo l’intervento di Vittorio Ragonese, consulente del ministero della cultura in materia di proprietà intellettuale, un panel coordinato dal prof. Paolo Marzano docente di Tutela della Proprietà Intellettuale alla Luiss Guido Carli e Partner di Legance Avvocati Associati, al quale prenderanno parte: Anna Vuopala del Ministero della cultura finlandese, che per prima ha promosso il tema nel Consiglio europeo; Piero Attanasio e Paola Mazzucchi di AIE che faranno il punto, rispettivamente, sul legame tra norme della Direttiva e Copyiright Infrastructure e sullo stato dell’arte e le prospettive future della ricerca e sviluppo in questo ambito; Sebastian Posth, fautore dell’International Standard Content Code (ISCC), un identificatore simile nelle funzionalità al Content-Id the YouTube ma proposto come standard aperto, che illustrerà le potenzialità di identificatori decentralizzati e blockchain; Michael Healy, direttore delle attività internazionali di CCC, la società di gestione collettiva statunitense delle opere letterarie, che racconterà come le tecnologie abilitino licenze e servizi innovativi.Le conclusioni saranno a cura del Presidente AIE Ricardo Franco Levi. La sessione introduttiva e le conclusioni si terranno in italiano. Il panel sarà in inglese.Per registrarsi al webinar: https://lsl.luiss.it/event/2021/04/22/rules-and-tools-exceptions-and-technologies-dsm-directive

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MEPs assess the implementation of the European Protection Order Directive

Posted by fidest press agency su lunedì, 23 aprile 2018

European Protection Orders won’t function correctly nor safeguard victims until fully enforced by all member states, say MEPs in a report adopted on Thursday.
In a report assessing the implementation of the European Protection Order (EPO) Directive, approved in Plenary on Thursday (by 475 votes in favour, 51 against and 28 abstentions), MEPs express their concern that, since the Directive was transposed into national laws on January 2015, only 7 EPOs have been identified across member states, to be compared with the thousands of national protection orders issued in members states in recent years.MEPs underline that the wide variety of protection orders across the member states and the different judicial systems (for instance, stalking is not recognised as a criminal offence across all EU countries) have created many obstacles for EPOs.They also deplore that the Commission did not submit a report to Parliament and Council on the application of the Directive by 11 January 2016 and call on the Commission to meet its reporting obligations, to monitor the application of the Directive and to launch without delay infringement proceedings against member states that breach it.
MEPs stress that victims of crime who have obtained or would consider obtaining a national protection order should be automatically and properly informed, both orally and in writing, of the possibility of requesting an EPO during criminal proceedings. They ask for a full list of competent authorities responsible for issuing, transmitting and receiving EPOs to be published and be made easily accessible. They also call on the Commission to coordinate programmes to initiate awareness-raising campaigns within the member states.They add that the issuance of protection orders must be as fast, effective, efficient and automatic as possible, and that it should involve minimum bureaucracy.Finally, MEPs urge member states to provide mandatory training courses for all public servants involved with EPOs and stress the need for regular training and courses for the police, the personnel of national competent authorities, legal practitioners, social workers, associations and NGOs dealing with victims of violence in all member states.

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DHS Directive Increases Federal DMARC Adoption 38 Percent in 30 Days

Posted by fidest press agency su mercoledì, 3 gennaio 2018

washingtonWashington. Agari, a leading cybersecurity company, today announced the publication of a new research report, “U.S. Federal Government DMARC Adoption,” which reveals that federal domain adoption of DMARC increased 38 percent (13 percentage points) in 30 days, from 34 percent on November 18, 2017 to 47 percent on December 18, 2017. This increase of 151 domains shows rapid adoption of DMARC, a critical email authentication standard, ahead of the initial, January 15, 2018, deadline for the Department of Homeland Security (DHS) Binding Operational Directive (BOD) 18-01. Agari will present this research at a Federal Breakfast Workshop on January 18, 2018, where DHS Assistant Secretary for the Office of Cybersecurity and Communications Jeanette Manfra will provide keynote remarks. “DMARC has proven to be an effective solution to secure our federal domains, but more work is needed to protect all federal domains. The time to act is now –deadlines to comply with BOD 18-01 are imminent,” said Jeanette Manfra, assistant secretary for the Office of Cybersecurity and Communications, Department of Homeland Security. “Cybersecurity is a critical component of our homeland security policy, but it is also a shared responsibility. It is crucial for U.S. citizens to trust that an email from a government agency is legitimate.” Agari research also shows the effectiveness of the DMARC security control across federal agencies. Of the billions of emails sent across the more than 400 federal government domains secured by Agari, ninety-six percent of the emails are protected by the strongest DMARC policy (p=reject) nearly a year ahead of the BOD 18-01. As a result, those federal domains protected by DMARC at p=reject, including the U.S. Senate, Veterans Affairs, Health and Human Services, and the U.S. Post Office have seen attempted fraud send rates decrease to less than two percent in December.“This research shows that DMARC does more than protect federal domains, it protects all of us – even our mothers and fathers – from billions of phishing emails every day,” said Patrick Peterson, Founder and Executive Chairman, Agari. “The increase in adoption is a smashing early success. We hope that all agencies with follow Agari’s federal agency clients, including the U.S. Senate, Health and Human Services, Customs and Border Protection, U.S. Census Bureau, Veterans Affairs and the U.S. Postal Service, to comply with the directive and help eliminate phishing and spam related to domain spoofing and ensure a trusted digital channel for US citizens.” DHS announced BOD 18-01 on October 16, 2017, during a Global Cybersecurity Alliance (GCA) event in New York City. BOD 18-01 mandates that all federal domains implement DMARC, TLS and HTTPS to prevent domain name spoofing and to secure email communication. Federal departments and agencies have 90 days to implement DMARC at its lowest setting (monitoring, P=none) and one year to implement DMARC at its highest setting (P=reject), which prevents unauthorized mail from being sent.Since the DHS announcement, DMARC adoption rates among federal domains have improved across the board. Thirty-one percent have deployed DMARC as p=none, compared to 20 percent on November 18, and 16 percent have deployed DMARC to quarantine or reject unauthenticated email, compared to 14 percent on November 18. Still, 53 percent still have not deployed DMARC, just weeks ahead of the DHS deadline.More than 20 federal agencies have achieved 100 percent DMARC adoption across their domains, including the Federal Communication Commission, the Federal Trade Commission, and the Department of Veterans Affairs. Additionally, the Department of Health and Human Service is the only federal agency to have deployed DMARC across more than 100

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Parliament backs EU directive on use of Passenger Name Records (PNR)

Posted by fidest press agency su venerdì, 15 aprile 2016

aereoThe new directive regulating the use of Passenger Name Record (PNR) data in the EU for the prevention, detection, investigation and prosecution of terrorist offences and serious crime was approved by Parliament on Thursday. It will oblige airlines to hand national authorities passengers’ data for all flights from third countries to the EU and vice versa. “We have adopted an important new tool for fighting terrorists and traffickers. By collecting, sharing and analysing PNR information our intelligence agencies can detect patterns of suspicious behaviour to be followed up. PNR is not a silver bullet, but countries that have national PNR systems have shown time and again that it is highly effective”, said Parliament’s rapporteur for the proposal, Timothy Kirkhope (ECR, UK).“There were understandable concerns about the collection and storage or people’s data, but I believe that the directive puts in place data safeguards, as well as proving that the law is proportionate to the risks we face. EU governments must now get on with implementing this agreement”, Mr Kirkhope added.The text was approved by 461 votes to 179, with 9 abstentions.
Member states will have to set up “Passenger Information Units” (PIUs) to manage the PNR data collected by air carriers. This information will have to be retained for a period of five years, but after six months, the data will be “masked out”, i.e., stripped of the elements, such as name, address and contact details that may lead to the identification of individuals. PIUs will be responsible for collecting, storing and processing PNR data, for transferring them to the competent authorities and for exchanging them with the PIUs of other member states and with Europol. The directive states that such transfers shall only be made “on a case-by-case basis” and exclusively for the specific purposes of “preventing, detecting, investigating or prosecuting terrorist offences or serious crime”.The directive is to apply to “extra-EU flights”, but member states could also extend it to “intra-EU” ones (i.e. from an EU country to one or more other EU countries), provided that they notify the EU Commission. EU countries may also choose to collect and process PNR data from travel agencies and tour operators (non-carrier economic operators), since they also manage flight bookings.

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MEPs strengthen rights of children in criminal proceedings

Posted by fidest press agency su giovedì, 10 marzo 2016

europa-261011-cMEPs backed new rules on Wednesday to ensure that children who are suspected or accused of a crime get a fair trial. The directive, informally agreed with the Council last December, recognises the right of anyone under 18 to be assisted by a lawyer and to be accompanied by the holder of parental responsibility (or another appropriate adult) through most of the proceedings.“The text presents a catalogue of rights and guarantees as a common European model of fair trials for minors in which we strike a balance between the need to ascertain responsibility for crime and the need to take due account of minors’ vulnerability and specific needs”, said Caterina Chinnici (S&D, IT), who steered the legislation through Parliament. The new directive was approved by 613 votes to 30, with 56 abstentions.
The draft directive aims to ensure that children can understand and follow court proceedings and are prevented from re-offending. The child’s best interest must always be the primary consideration, says the text. The directive also includes the right to an individual assessment by qualified personnel and to a medical examination if the child is deprived of liberty.
MEPs inserted a provision to ensure that children always have the right of access to a lawyer. Exceptions to this right may be made only if it deemed not to be proportionate in the light of the circumstances of the case, or in exceptional cases, at the pre-trial stage, given the child’s best interest..Separate detention from adults and other fair trial safeguards. The directive would require EU member states to ensure that deprivation of liberty, and in particular detention, is imposed on children only as a last resort and for the shortest appropriate period. Children who are detained should be held separately from adults, unless it is considered to be in the child’s best interests not to do so.The directive also includes other safeguards, such as:
the right for children to be promptly informed about their rights and about general aspects of the conduct of the proceedings, information to be provided to the holder of parental responsibility or another appropriate adult, nominated by the child and accepted as such by the competent authority,the right to be accompanied by that person during court hearings and at other stages of the proceedings such as police questioning,the right to protection of privacy during criminal proceedings, including the option of having court hearings involving children held in the absence of the public, and specific training for justices, prosecutors and other professionals who deal with criminal proceedings involving children.The directive now needs to be formally approved by the Council of Ministers. Once published in the EU Official Journal, member states will have three years in which to transpose it into their national laws. Denmark, the UK and Ireland have opted out of this directive and will not be bound by it.

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Data protection talks: EP chief negotiators set out Parliament’s priorities

Posted by fidest press agency su giovedì, 25 giugno 2015

strasburgo-parlamento-europeoThe new data protection rules must set a high, uniform standard for data protection across the EU, said lead MEP Jan Philipp Albrecht and Civil Liberties Committee Chair Claude Moraes after the first round of three-way talks between Parliament, the Council and the Commission on Wednesday. Parliament’s chief negotiators also re-confirm the goal of reaching a final agreement before the end of 2015.Parliament’s lead MEP on the data protection regulation, Jan Philipp Albrecht (Greens/EFA, DE) said:“It is encouraging that at the start of negotiations today, the Council of the European Union, European Commission and European Parliament jointly reaffirmed their commitment to reach an agreement on the package of the Regulation on data protection and a Directive on data protection in criminal proceedings by the end of 2015.It is now important to find agreement, as soon as possible, on legally sound and uniform data protection standards that provide a high level of protection starting from the level of the current provisions enshrined in the Directive of 1995. Today’s first meeting has shown that this target is achievable if, as they have just jointly declared, the three negotiating partners work together on the basis of their voted positions to find a compromise.”

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MEPs decide to postpone the vote

Posted by fidest press agency su giovedì, 17 febbraio 2011

The European Parliament decided on Wednesday to postpone the vote on the proposed “single permit” to live and work in the EU. The vote on the draft directive, which was expected to take place this week, was rescheduled due to procedural issues related to the interpretation of the EP’s rules of procedure. After approving a series of amendments to the Commission proposal on 14 December 2010, MEPs rejected the amended text in their final vote (306 votes in favour, 350 against and 25 abstentions). The key issues disputed among the political groups were the scope of the legislation, equal treatment of third-country nationals and EU citizens and whether Member States should be enabled to issue or require other documents, in addition to the permit. The Commission chose not to withdraw the proposal, so it was referred back to the Civil Liberties Committee, which would have two months to take the issue back to plenary. The Civil Liberties Committee decided to restrict the reopening of amendments to two parts of the draft directive, relating in particular to additional documents. The Employment Committee contested this decision, arguing that, as an associated committee, it should have been involved in it and should have had the possibility to retable amendments on the issues of its competence. The Constitutional Affairs Committee backed on Monday the Employment interpretation of the EP rules of procedure. Consequently, the political groups decided to extend the two-month deadline and postpone the vote to a forthcoming plenary session. The proposed “single permit” directive aims to streamline bureaucratic procedures for all potential immigrants applying to live and work in an EU Member State, by enabling them to obtain work and residence permits via a single procedure. The proposal would also confer a common set of rights to third-country workers comparable to those of EU citizens, such as minimum working conditions, recognition of diplomas and professional qualifications and access to social security

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La directive sur le temps de travail

Posted by fidest press agency su domenica, 30 agosto 2009

(directive 2003/88/CE) offre un minimum de protection aux travailleurs à l’exception notable des chefs d’entreprises. Ce texte prévoit qu’un travailleur a le droit à un repos quotidien de 11 heures, à des pauses régulières, à au moins quatre semaines de congés payés par an, que la durée légale du temps de travail est de 48 heures par semaine et qu’en général, le travail de nuit ne peut excéder 8 heures/24. La première directive 93/104/CE, adoptée en 1993, a été modifiée en 2000 par la directive 2000/34/CE. Les deux textes ont été rassemblés dans une directive consolidée 2003/88/CE, objet de la révision en cours. En 1993, le Royaume-Uni a obtenu l’introduction d’une clause d’opt out permettant aux Etats membres de ne pas respecter la limite légale des 48 heures de travail hebdomadaire sous certaines conditions. Les employés devaient décider à l’avance s’ils souhaitaient bénéficier ou non de la durée légale du temps de travail, ceux qui souhaitaient en bénéficier ne devaient pas être pénalisés et ceux ayant renoncé à ce droit devaient être enregistrés. Bien que générale, la clause d’opt out a surtout été utilisée au Royaume-Uni. Des préoccupations sont toutefois apparues sur les risques potentiels d’abus dans le système d’opt out individuel. Prenons, par exemple, le cas d’un travailleur à qui l’on demande de choisir s’il veut ou non bénéficier de la durée légale du temps travail au moment précis où il doit signer son contrat. Certains estiment que cette personne ne jouit pas de toute sa liberté d’action. L’absence de définition  de la notion de temps de garde pose davantage de problèmes. Ce point a d’ailleurs fait l’objet de plusieurs arrêts de la Cour européenne de justice dans lesquels les juges ont considéré que les temps de garde devaient être inclus dans le temps de travail. La plupart des Etats membres ont dû ajuster leur législation nationale pour se conformer à cette jurisprudence. Celle-ci affecte par dessus tout – mais pas exclusivement – le secteur de la santé. A la suite de cette jurisprudence, la France, l’Allemagne et l’Espagne ont recouru à la clause d’opt out pour leur système de santé

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