Positive Rights News From Europe

Various readers are sending in good news from Europe on the rights front. First, at the EU level, Mark.J brings word that the European Parliament has canned a number of controversial amendments to its updated Telecoms Package, which could have resulted in ISPs being forced to disconnect customers for involvement in illegal file-sharing of copyrighted material. Next, SplatMan_DK writes from Denmark on a recent ruling by the Danish High Court that means that Danes are still innocent until proven guilty in copyright cases, even if their IP address has been confirmed as the origin of P2P traffic involving copyrighted music. Finally, from Sweden, an update on the draconian so-called Lex Orwell, which would have effectively resulted in the routine wiretapping of the entire nation. Eric Blair sends a link on an agreement reached between the Swedish parliament and the sitting government on a new form for the controversial signals intelligence law. Supposedly, the sting has been taken out of the law: only the department of defense and the cabinet may request data, and they'll have to get court approval for it.

Encroachment upon rights held at bay

So the gradual encroachment of governmental power over the rights of citizens is slowed yet again.

But doesn't the mere fact that the government has the power to limit itself signal that such limitations are arbitrary and subject only to the whims and needs of those in power? While "protecting the children" may not be as crucial as personal privacy to some European people, isn't it just a matter of time until the priorities become reversed and the erosion of rights will again begin in earnest?

How can a government be the arbiter of rights unless it has the power to take them away?

Re:Encroachment upon rights held at bay

There's an old saying that speaks to your question and is profoundly true:

Eternal vigilance is the price of freedom.

Re:

Nothing human is eternal

Eternal vigilance is an illusion

Re:Encroachment upon rights held at bay

Governments only have power when the populace gives it or, through complacency, allows the government to seize power and strip away the rights of the individual. If we as citizens of Planet Earth do not agressively and steadfastly defend our rights as such, tyranny will prevail and it will be OUR fault.

And now, I await my arrest by the U.S. [insert 3 letter organization here].

Re:Encroachment upon rights held at bay

What you fail to realize is that you will not lose your rights due to complacency, but rather you will forfeit them enthusiastically to protect yourself and your loved ones.

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No, I won't. What YOU fail to realize is that not everyone in the U.S. has succumbed to the "bread and circuses" mentality.

Re:Encroachment upon rights held at bay

What YOU fail to realize is that not everyone in the U.S. has succumbed to the "bread and circuses" mentality

In a democracy, it doesn't take everyone to vote yea. It only takes enough.

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While your point is valid, I will ask that you also consider that one voice of dissent is often louder than the entire flock "baaa-ing" in agreement.

Re:Encroachment upon rights held at bay

Please let the U.S. government in on your theory, because for the past 6 years the silent majority has been riding roughshod over the vocal minority.

Being a Legal Nazi, but...

Generally when you talk about positive rights, it means the government must provide something. Negative rights prevent the government from doing something. The US Bill of Rights is generally considered to be all negative rights. So, it is clearer to refrain from using those adjectives when talking about rights unless you are describing how they affect the government, as opposed to whether they are good or bad.

Re:Being a Legal Nazi, but...

It's not news about positive rights, it's positive news about rights.

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Uh?

When are people going to realize that there are shitty politicians on all sides of the spectrum, not just left or right leaning? Only moderates tend to be the non-shitty folks.

Europe is not one country

Although it is nice to see positive news, you must remember that Europe is not one country. It is many countries and what is legal in one can be very illegal in another.

As if you start comparing laws in Israel, China and Japan, just because it is all Asia.

Just so you are aware of it.

Europe is now a confederacy

Thanks to the EU, it's now an alliance with internal tradiing advantages and collective leadership. In English, we call this a confederacy (no necessary relation to the Confederate States of America).

If Israel, Iran and Iraq started their own trade agreement, we might refer to the mid-East in the same way.

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Thanks to the EU, it's now an alliance with internal tradiing advantages and collective leadership. In English, we call this a confederacy (no necessary relation to the Confederate States of America).

More like the Articles of Confederation [wikipedia.org], yes? I wonder how long it'll take them to end up like us...

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Well, Europe essentially is the trademark of European Union. Countries belonging to the European Union form the core of Europe culturally, socially, politically and economically. Countries that aren't members of EU are usually trying to become more European so that they can join the European Union. In this sense to me it makes sense use Europe and European Union as synonyms as after all eventually all countries in Europe that are not part of EU will become part of it.

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Countries that aren't members of EU are usually trying to become more European so that they can join the European Union. In this sense to me it makes sense use Europe and European Union as synonyms as after all eventually all countries in Europe that are not part of EU will become part of it.

Switzerland is quite central within Europe, but dosn't show much interest in becoming part of the EU. Nor does the largest European country, Russia...

Re:Europe is now a confederacy

Uhm, no. Norway, Iceland, Switzerland, all countries that have elected to not be part of EU, but are still very much European countries, unless there was recent tectonic activity I was unaware of. If Europe is the trademark of the EU, nobody send that memo around Europe, that's for sure.

Re:Europe is not one country

Although it is nice to see positive news, you must remember that Europe is not one country. It is many countries and what is legal in one can be very illegal in another. As if you start comparing laws in Israel, China and Japan, just because it is all Asia.

Not quite the same thing. Israel, China and Japan are not joint members of any supranational confederation. The European Union now includes 27 states, and more and more matters are dealt with cooperatively. Since network rights are inherently international, they're exactly the sort of thing that ends up coming to the attention of Brussels - and the decision they reach will be shaped by the consensus among the various states. Precedents established in a single country today may well affect the whole Union tomorrow.

The European Union is in Europe

And members are bound by treaty to abide by its rules.

Also, water wet. Fire hot. Pain hurts.

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(a bit personal but hey this is Slashdot)
Are you family of the (should have been slightly more legendary) Jean Monnet?

I always thought the "secret plan" behind the EU was the following priority list:
1. No more war
2. No more famine
3. there is no point 3, we'll all have to make it up as we go along

but then, i'm an idealist.

Lex Orwell not defeated yet

The "critics" who are now stating that the law is now acceptable to all critics are mainly members and supporters of the current government who in many cases voted for the original law because they didn't want to go against the party line (of their party Folkpartiet).

Now they feel that they can "compromise" and seem like they're against the original law while still not going against the party. If you check the websites of Piratpartiet (The pirate party) and StoppaFRAlagen.nu then you'll see that they, the chief critics of the law, are still against the revised law.

/Mikael

Still a sting in FRA

When the referenced site says that even the staunchest critics are now happy with the law, it is just not true.

The problem is still that the Swedish authorities will not just get the permission from this new special court to investigate "issues".

The Swedish government require that all ISP's provide the Swedish state with a copy of every single packet that crosses the Swedish border. They will not need permission from the special court to collect our traffic.

Re:Mr. Orwell?

Just to save a few visits to Wikipedia, Eric Blair is George Orwell's real name.

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Being considered innocent until proven guilty is not a positive right it is a negative right.

But it is positive (good) news, right?