Declaration29

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A group of members of European Parliament is collecting signatures for a Written Declaration that reads: "The European Parliament [...] Asks the Council and the Commission to implement Directive 2006/24/EC and extend it to search engines in order to tackle online child pornography and sex offending rapidly and effectively".

The Data Retention Directive 2006/24/EC requires that details on every telephone call, text message, e-mail and Internet connection be recorded for months, for the entire population, in the absence of any suspicion. As to what is wrong with data retention please refer to DRletter. The Written Declaration even wants to extend data retention to search engines, meaning that your search terms could be tracked for months back.

The proposed declaration has been signed by 345 MEPs - only very short of the 368 members needed to pass the directive. Many MEPs sign because of the title of the document ("setting up a European early warning system (EWS) for paedophiles and sex offenders"), not knowing that they are endorsing blanket data retention as well.

Please help preventing Declaration 29 from being passed by contacting your MEPs.

Call your MEPs

Marcin Kaminski gives tips on how to call your MEPs to discuss the problem.

  1. Introduce yourself with your full name.
  2. Explain your case.
  3. Explain what is tricky in Smile 29 (also called Written Declaration 29 or WD 29).
  4. Make clear that children must be protected, but also like to ask an open question whether Smile 29 really delivers that protection.
  5. Do not accuse anyone of having made the wrong choice but point out that you have an opportunity to change their mind and withdraw their signature.
  6. Protect yourself be happy to apologize if you accidentally contact someone who has not signed the Smile 29 or already had time to change.
  7. Explain that you are keen to hear about the outcome.

Usable contact list for MEPs: http://www.laquadrature.net/wiki/MEPs_by_name

Letter template

Below is a suggested letter which is to be sent out to all your local MEPs of the European Parliament. Note that this letter is an example, and should be remixed to be as original as possible. Also please use information from the e-mail brave MEP Cecilia Wikström sent out to all MEP collegues: http://dekaminski.se/2010/06/den-luriga-eu-politiken-om-smile-29-och-nataktivism/#mepletter

When contacting MEPs, it will be important to simply explain, as Ms Wikstrom did, the content of the Smile29/WD29 campaign, the content of the e-mails and website, and the fact that data retention was never mentioned. You can then leave it to the MEP to decide if it was their mistake, whether they were “tricked”, or whatever. Any normal human being, when receiving a phone call or an e-mail from an unknown person that accuses them of being tricked, will react defensively. MEPs will be no different.

Please translate it to your own language and paste links here:

The directory of MEPs is available here:

http://www.europarl.europa.eu/members/public/geoSearch.do;jsessionid=47C361A37C6D60608DDF485693A11A76.node1?language=en

Usable contact list for MEPs: http://www.laquadrature.net/wiki/MEPs_by_name

Also please note that list of MEPs who have signed Smile29/WD29 is not completely known. If they have not signed  the Smile29/WD29 or already withdrawen  their signatures, warn them about it and congratulate them for making the right decision!

Proposed text

Subject: Written Declaration No 29 "On setting up a European early warning system (EWS) for paedophiles and sex offenders" 

Dear (PERSONAL ADDRESS),

Since the May plenary session of the European Parliament, a 
considerable number of MEPs from the EPP, S+D, ALDE and Green/EFA 
political groups have withdrawn their signatures from Written 
Declaration 29 (http://www.smile29.eu/doc/DS29_EN.pdf).

The stated aim of the Declaration, the protection of children, is 
clearly a noble one. However, two of the three paragraphs of the 
Declaration cover unrelated issues and one supports the long-term 
storage of telephone, e-mail and SMS records and Internet search 
terms (for example via Google). There has also been considerable 
highly critical press coverage of this particular initiative in major 
publications across Europe.

It is illogical to call for long-term retention of communications 
data for the purpose of supporting an "early-warning" system for 
child protection. Any data which is needed in the short term is 
already accessible via existing procedures - keeping records on 
past communications for the purpose of providing an "early warning" 
is contradictory. 

The Written Declaration 29 refers to the Data Retention Directive 
only by its reference number 2006/24/EC. It is inappropriate for the 
Parliament to take a position on this Directive now because:

1. The Directive was strongly opposed by the Parliament (LIBE 
rejected data retention three times) and the legislation was only 
adopted after severe pressure from the Council, 

2. The Directive is not implemented in many states across Europe, 
such as Austria, Belgium, Germany, Greece, Romania and Sweden, 
including due to constitutional courts finding that the Directive 
undermined the fundamental rights of innocent citizens,

3. The Commission is currently reviewing the Directive, meaning that 
it is inappropriate and possibly counterproductive for the 
Parliament to prejudge this process, 

4. The Irish High Court recently announced it would refer the 
Data Retention Directive to the European Court of Justice to judge 
whether it violates citizen's rights to privacy and communications.

For all of the above reasons, we urge you not to sign Written 
Declaration 29 and, if you already have, to withdraw your signature.
To withdraw your signature please contact "Déclarations écrites" at 
32975 or e-mail "declecrit".

Please help protecting our fundamental rights to privacy and 
communications by preventing the Written Declaration 29 from being 
adopted.

Yours sincerely,
(PERSONAL SIGNATURE)

Declaration supporters (incomplete)

The following MEPs have signed the declaration and should be persuaded to withdraw their support:

  • Francoise Castex (S+D, France)
  • Chris Davies (ALDE, UK)
  • Ioan Enciu (S+D, Romania)
  • Kinga Gal (EPP, Hungary)
  • Adam Gierek (S+D, Poland)
  • Lidia Geringer (S+D, Poland)
  • Iliana Iotova (S+D, Bulgaria)
  • Anneli Jäätteenmäki (ALDE, Finland)
  • Oriol Junqueras Vies (Greens, Spain)
  • Alan Kelly (S+D, Ireland)
  • Wolfgang Kressl-Dörfler (S+D, Germany)
  • Bill Newton Dunn (ALDE, UK)
  • Angelika Niebler (EPP, Germany)
  • Miroslav Ransdorf (GUE/NGL, Czech Republic)
  • Zusana Roithova (EPP, Czech Republic)
  • Dirk Sterckx (ALDE, Belgium)
  • Silvia-Adriana Ticau (S+D, Romania)
  • Graham Watson (ALDE, UK)
  • Joe Leinen (S&D, Germany)
  • Olga Sehnalova (S&D, CZ Republic)
  • Mathieu Grosch (EPP, Germany)
  • Luis de Grandes Pascual (EPP, Spain)
  • Jim Higgins (ALDE, Ireland)
  • Patrizia Toia (S&D, Italy) :
  • Jacqueline Foster (ECR, UK):
  • Jean-Marian Marinescu (EPP, Romania) : EPP Vice Chair
  • Pablo Arias Echeverría (EPP, Spain)
  • Artur Zasada (EPP, Poland)
  • Inés Ayala Sender (S&D, Spain)
  • Edit Herczog (S&D, Hungary)
  • Anne Delvaux (EPP, Belgium)
  • Michał Tomasz Kamiński (ECR, Poland)
  • Elena Antonescu (EPP, Romania)
  • Liam Aylward (EPP, Ireland)
  • Edit Bauer (EPP, Slovakia)
  • Malika Benarab-Attou (Greens/EFA, France)
  • Lothar Bisky (GUE/NGL, Germany)
  • Van De Camp (EPP, Netherlands)
  • Mario David (EPP, Portugal)
  • Nirj Deva (ECR, UK)
  • Jacqueline Foster (ECR, UK)
  • Kinga Gal (EPP, Hungary)
  • Francoise Grossetete (EPP, France)
  • Marian Harkin (ALDE, Ireland)
  • Jim Higgins (ALDE, Ireland)
  • Veronica Lope Fontagné (EPP, Spain)
  • Juan Fernando Lopez Aguilar (S+D, Spain)
  • Antonio Lopez-Isturiz White (EPP, Spain)
  • Louis Michel (ALDE, Belgium)
  • Gay Mitchell (EPP, Ireland)
  • Miroslav Ransdorf (GUE/NGL, Czech Republic)
  • Francisco Sosa Wagner (NI, Spain)
  • Hannes Swoboda (S+D, Austria)
  • Silvia-Adriana Ticau (S+D, Romania)
  • Patrizia Toia (S+D, Italy)

MEPs that have withdrawn their signature

Wikström

Marit Paulsen

Wikström mail

Sporting the subject line “Warning about written declaration on paedophiles (no 29)” Ms Wikström sent the text below to MEPs this afternoon (at 17:47, if you need to reference it when talking to MEPs):

Dear colleagues,

I would like to share my mistake with you in case some of you have made the same mistake.

When signing written declarations, sometimes one too quickly signs declarations that sound good. For example a written declaration on setting up a European early warning system (EWS) for paedophiles and sex offenders (no 29). I signed this declaration in an early stage but have now withdrawn my signature. Maybe some of you have done the same mistake?

The review of the Data Retention Directive is currently underway, with a report expected from the Commission in September. The Directive was adopted under the previous legislature after severe pressure from the Council and despite being repeatedly rejected by the Civil Liberties Committee.

Following such a difficult adoption in the European Parliament, implementation problems in Austria, Belgium, Germany, Greece, Romania and Sweden and in advance of the Commission’s report on implementation of the Directive, it is clearly inappropriate for the Parliament to take a position on this topic now.

The Written Declaration is supposed to be about an early-warning system for the protection of children. Long-term storage of citizens’ data has clearly nothing to do with “early warning” for any purpose. The “data preservation” system established by the Council of Europe Cybercrime Convention was designed specifically for cases requiring urgent preservation of data in relation to ongoing investigations.

Both of the two e-mails sent to MEPs focused on the early warning system and neither mentioned the data retention Directive. The website set up to support the written declaration also does not mention data retention, at least not in an obvious way. Even the written declaration itself does not mention the Directive by name, but only refers to its reference number.

Bearing in mind the fact that data retention is not relevant to an early-warning system and that none of the material made available to MEPs on the subject mentioned data retention, it seems very likely that MEPs signed the Written Declaration unaware of this aspect of the text, just like I did. I want to stress that while I support the principles of Written Declaration 29, the inclusion of a reference to the delicate and unrelated issue of data retention makes it impossible for me to support this written declaration. I therefore regret that I had to withdraw my signature. It is unfortunate both that this was included in the Declartion and that it was not mentioned in any of the communications from its sponsors. The declaration is likely to get all the signature it needs and therefore I urge those of you who may have signed it by mistake to withdraw your signature. In order to do this, please contact "Déclarations écrites" at 32975.

Sincerely,

Cecilia Wikström, MEP

Socialists and Democrats Group letter

It appears that the secretary general of the Socialists and Democrats Group in European Parliament has written to all the MEPs of that group to warn them about Written Declaration 29. Key points are:

  1. It explains that the Declaration would extend the DR Directive to cover search engines.
  2. Search engines are not a way in which abuse material is generally accessed, it goes through more "discrete" [sic] channels
  3. MEPs are asked not to sign or to withdraw if they have already signed.
  4. It points out that several Members from other democratic groups have already announced publically that they have been mislead and have withdrawn their signature.

Motti mail

The author of the declaration sent the following e-mail on 17 June to MEPs "clarifying" his proposed declaration:

To the Members of the European Parliament

Important: clarification on Written declaration 29

Dear Colleague,

Written Declaration 29 is receiving high consensus. Nevertheless, I would like to clarify one paragraph of the text of the Written Declaration 29, related to "search engines". Written declaration 29, still respecting citizen right to privacy, has the target of creating an European Early Warning System in order to make paedophiles punishable when found guilty of using the Internet to lure children and to upload sexual children related content; Furthermore, this initiative calls the Council and the Commission to extend Directive 2006/24 CE, known as the "Data Detention Directive", to the internet users who upload contents, images and videos portraying abuses on children in Internet platforms (such as user generated contents websites).
There is no intention to extend this Directive to the same search engines for internet users looking for any other kind of topic.

For the sake of avoiding technicalities, I have simply indicated in the text of the Declaration the wording "search engines", but it is in no way aiming or identifying the willingness of including "any research made through the search engines". On the contrary: the declaration has the only objective to persecute children related pornography and sexual harassment online. Again, not any research made through search engines.

Whereas Written Declaration is a not a legislative act, I wish that Written Declaration n.29 hits the target of being approved and may become simply a base of discussion in future in order to promote better protection of children rights still by guarantying every citizen right to privacy.

I will be more than happy to be at your full disposal for any further clarification and I thank you in advance for your appreciated and wide adhesion to this initiative.

Best regards

Tiziano Motti

Comment: This is contrary to the wording of the Declaration and wrong.

See also

Abgerufen von „http://wiki.vorratsdatenspeicherung.de/index.php?title=Declaration29&oldid=102675“