2014/2232(INI) | [ParlTrack]

Motion for a resolution
Citation 3 a (new)

- having regard to the ICT Sector Guide on Implementing the UN Guiding Principles on Business and Human Rights, published by the European Commission in June 2013,

Amendment 10 #

Motion for a resolution
Citation 22 b (new)

- having regard to Edward Snowden’s written statement to the LIBE Committee of March 2014,

Amendment 100 #

Motion for a resolution
Paragraph 11

11. ~~Considers mass surveillance to be disproportionate at all times, hence in violation of~~Notes that certain instances of mass surveillance have been considered to be disproportionate; emphasises, in this regard, that the principles of ~~necessity and~~ proportionality~~, and, therefore, a violation of human righ~~ should be reconciled with the need for strengthening public security in the face of terrorist threats;

Amendment 101 #

Angel DZHAMBAZKI

Motion for a resolution
Paragraph 11

11. Considers mass surveillance t~~o be disproportionate at all times, henc~~hat is not justified by a heightened risk from terrorist threats to be in violation of the principles of necessity and proportionality, and, therefore, a violation of human rights;

Amendment 102 #

Godelieve QUISTHOUDT-ROWOHL, Therese COMODINI CACHIA, Andrzej GRZYB, Cristian Dan PREDA

Motion for a resolution
Paragraph 11

11. Considers that mass surveillance tomay be disproportionate ~~at all times, henc~~where int violat~~ion of~~es the principles of necessity and proportionality, and~~, therefore,~~ that it then constitutes a violation of human rights;

Amendment 103 #

Motion for a resolution
Paragraph 11

11. Considers mass surveillance to be disproportionate ~~at all times~~, hence in violation of the principles of necessity and proportionality, and, therefore, a violation of human rights;

Amendment 104 #

Motion for a resolution
Paragraph 11

11. Considers that mass surveillance ~~to be~~undermines the principles of democracy and is disproportionate at all times, hence in violation of the principles of necessity and proportionality, and, therefore, a violation of human rights;

Amendment 105 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 11

11. Considers mass surveillance, such as that carried out by the US, to be disproportionate at all times, hence in violation of the principles of necessity and proportionality, and, therefore, a violation of human rights;

Amendment 106 #

Motion for a resolution
Paragraph 11 a (new)

11a. Urges Member States to promote full democratic scrutiny over the operations of intelligence services in third countries, and that these services operate in full respect of the rule of law, and to hold to account those who are responsible for operating in unlawful ways;

Amendment 107 #

Motion for a resolution
Paragraph 11 a (new)

11a. Encourages Member States, in the light of the increased cooperation and exchange of information between Member States and third countries - including through the use of digital surveillance - to ensure democratic scrutiny of those agencies and their activities through appropriate internal, executive, judicial and independent parliamentary oversight;

Amendment 108 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 12

12. Stresses that corporate social responsibility principles and human rights by design criteria, which are technological solutions and innovations protecting human rights, should be adopted ~~in EU law~~ to ensure that internet service providers, software developers, hardware producers, social networking services/media and others consider the human rights of end- users globally;

Amendment 109 #

Ignazio CORRAO

Motion for a resolution
Paragraph 12

12. Stresses that corporate social responsibility principles and human rights by design criteria, which are technological solutions and innovations protecting human rights, should be adopted in EU law to ensure that internet service providers, software developers, hardware producers, social networking services/media, mobile phone carriers and others consider the human rights of end- users globally;

Amendment 11 #

Angel DZHAMBAZKI

Motion for a resolution
Recital A

A. whereas technological developments and unlimited access to the open internet ~~enables~~are enormously important for ensuring full respect for human rights and fundamental freedoms, exerting a positive effect by expanding the scope of freedom of expression, access to information, the right to privacy and freedom of assembly and association across the world;

Amendment 110 #

Motion for a resolution
Paragraph 12

12. Stresses that corporate social responsibility principles and human rights by design criteria, which are technological solutions and innovations protecting human rights, should be adopted in EU law to ensure that internet service providers, software developers, hardware producers, social networking services/media, mobile phone carriers and others consider the human rights of end- users globally;

Amendment 111 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 12 a (new)

12a. Recognises the importance of international relationships in the field of digital surveillance in monitoring and tackling terrorist and other illegal activity;

Amendment 112 #

Motion for a resolution
Paragraph 12 a (new)

12a. Urges the EU to ensure greater transparency in the relationship between mobile phone carriers or ISPs and governments, and to call for it in its relations with third countries, by demanding that carriers and ISPs publish yearly detailed transparency reports, including reports on requested actions by authorities, as well as financial ties between public authorities and carriers/ISPs;

Amendment 113 #

Godelieve QUISTHOUDT-ROWOHL, Therese COMODINI CACHIA, Andrzej GRZYB, Cristian Dan PREDA

Motion for a resolution
Paragraph 12 a (new)

12a. Reminds corporate actors of their responsibility to respect human rights throughout their global operations regardless of where its users are located and independently of whether the host state meets its own human rights obligations; calls on ICT companies, notably EU-based ones, to implement the UN Guiding Principles on Business and Human Rights, including through establishing due diligence policies and risk management safeguards and providing effective remedies when their activities have caused or contributed to an adverse human rights impact;

Amendment 114 #

Motion for a resolution
Paragraph 13

13. Stresses the need to implement and monitor EU regulations and sanctions relating to ICTs ~~at EU level, including the use of catch-all mechanisms~~, so as to ensure that ~~Member Stat~~all parties comply with legislation and that a level playing field is preserved;

Amendment 115 #

Tonino PICULA

Motion for a resolution
Paragraph 13

13. Stresses the need to more effectively implement and monitor EU regulations ~~and sanctions~~ relating to ICTs at EU level, including the use of catch-all mechanisms, so as to ensure that Member States comply with legislation and that a level playing field is preserved;

Amendment 116 #

Motion for a resolution
Paragraph 13 a (new)

13a. Stresses the fact that respect for fundamental rights is an essential element in successful counter-terrorism policies, including the use of digital surveillance technologies;

Amendment 117 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 13 a (new)

13a. Welcomes the December 2013 Wassenaar Arrangement decision on export controls in the areas of surveillance, law enforcement and intelligence gathering tools and network surveillance systems; recalls the still very incomplete nature of the EU dual-use regime, namely the EU dual-use regulation, when it comes to the effective and systematic export control of harmful ICT technologies to non-democratic countries;

Amendment 118 #

Motion for a resolution
Paragraph 14

14. Urges the Commission, in this respect, to swiftly to put forward a proposal for smart and effective policies to regulate the export of services regarding the implementation and use of so-called dual- use technologies, addressing potentially harmful exports of ICT products and services to third countries, as agreed in the Joint Statement of the European Parliament, Council and Commission of April 2014;

Amendment 119 #

Motion for a resolution
Paragraph 14

14. Urges the Commission, in th~~is respect,~~ e context of the forthcoming policy review, swiftly to put forward a proposal for smart and effective policies to regulate the commercial export of dual-use technologies, addressing potentially harmful exports of ICT products and services to third countries, as agreed in the Joint Statement of the European Parliament, Council and Commission of April 2014; in this context, underlines the importance of introducing an ex-ante control mechanism instead of the current ex-post control mechanism; calls on the Commission to include effective safeguards to prevent any harm of these export controls to research, including scientific and IT security research without criminal intent; (Justification: The export of the actual dual-use software is hard to effectively regulate and has significant side-effects on legitimate security research and therefore on the security of global computing. It should therefore be treated with the utmost caution.)

Amendment 12 #

Motion for a resolution
Recital A

A. whereas technological developments and access to the open internet enables the fulfilment of human rights and fundamental freedoms, exerting a positive effect by expanding the scope of freedom of expression, access to information, the right to privacy and freedom of assembly across the world;

Amendment 120 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 14 a (new)

14a. Calls on the Commission to include in its proposals measures that will allow exports of regulated technologies to democratic dissidents and human rights defenders in countries that violate human rights in order to help them protect themselves from surveillance and cyber attacks from their governments;

Amendment 121 #

Motion for a resolution
Paragraph 15

15. Stresses that the Commission should ~~swiftly~~ be able to swiftly and accurately provide companies that are in doubt as to whether to apply for an export licence with up-to- date information on the legality or potentially harmful effects of potential transactions;

Amendment 122 #

Godelieve QUISTHOUDT-ROWOHL, Therese COMODINI CACHIA, Andrzej GRZYB

Motion for a resolution
Paragraph 16

16. Calls on the Commission to ~~submit proposals to review how~~consider the effect of EU standards on ICTs, which could be used to prevent the potentially harmful impacts of the export of such technologies or other services to third countries where concepts such as ‘lawful interception’ have different implications, or where the rule of law does not exist;

Amendment 123 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 16

16. Calls on the Commission to submit proposals to review how EU standards on ICTs could be used to prevent the potentially harmful impacts of the export of such technologies or other services to third countries where concepts such as ‘lawful interception’ ~~have different implicat~~cannot be considered equivalent to those of the European Unions, or for example where the rule of law does not exist;

Amendment 124 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 16

16. Calls on the Commission to submit proposals to review how EU standards on ICTs could be used to prevent the potentially harmful impacts of the export of such technologies or other services to third countries w~~here concepts such as ‘lawful intercepti~~ith a poor record on’ h~~ave different implications, or where~~uman rights and the rule of law ~~does not exist~~;

Amendment 125 #

Louis MICHEL

Motion for a resolution
Paragraph 16

16. Calls on the Commission to submit proposals to review how EU standards on ICTs could be used to prevent the potentially harmful impacts of the export of such technologies or other services to third countries where concepts such as ‘lawful interception’ have different implications, or where the rule of law does not exist;Does not affect the English version.

Amendment 126 #

Motion for a resolution
Paragraph 16 a (new)

16a. Reaffirms that EU standards, particularly the EU Charter of Fundamental Rights, should prevail when assessing incidents when dual-use technologies are used in a way that may restrict human rights;

Amendment 127 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 17

17. Calls for the development of policies to regulate the sales of zero-day exploits to avoid their being used for cyber-attacks or for unauthorised access to devices leading to human rights violations without such regulations having a meaningful impact on academic and otherwise bona fide security research;

Amendment 128 #

Godelieve QUISTHOUDT-ROWOHL, Andrzej GRZYB, Cristian Dan PREDA

Motion for a resolution
Paragraph 17

17. Calls for the development of policies to regulate the ~~sales of zero-day exploit~~responsible selling and subsequent disclosure of zero-day exploits and vulnerabilities to avoid their being used for cyber-attacks or for unauthorised access to devices leading to human rights violations;

Amendment 129 #

Enrico GASBARRA

Motion for a resolution
Paragraph 17 a (new)

17a. Calls on the Commission to promote more effective use of the capacities of the internet, including for the purpose of international action to prevent child pornography crimes, on the basis of the principles set out in Directive 2011/93/EU on combating sexual abuse and sexual exploitation of children and supporting coordinated international action and agreements with the main internet operators;

Amendment 13 #

Motion for a resolution
Recital B

B. whereas technological systems ~~are also increasingly~~ can be misused as tools for human rights violations through censorship, surveillance, unauthorised access to devices, jamming, interception, tracing and tracking of information and individuals;

Amendment 130 #

Arnaud DANJEAN

Motion for a resolution
Paragraph 18

~~18. Deplores the active involvement of certain European companies, and of international companies operating in the EU, in countries violating human rights;~~deleted

Amendment 131 #

Motion for a resolution
Paragraph 18

~~18. Deplores the active involvement of certain European companies, and of international companies operating in the EU, in countries violating human rights;~~deleted

Amendment 132 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 18

18. ~~Deplor~~Notes the active involvement of certain European companies, and of international companies operating in the EU, in countries violating human rights;

Amendment 133 #

Motion for a resolution
Paragraph 18

18. Deplores the active involvement of certain European companies, and of international companies which trade dual- use technologies with potential detrimental effects on human rights while operating in the EU, in countries violating human rights;

Amendment 134 #

Motion for a resolution
Paragraph 18

18. Deplores the active ~~involvement~~co-operation of certain European companies, a~~nd of~~s well as international companies operating in the EU, ~~in countrie~~with regimes whose actions violat~~ing~~e human rights;

Amendment 135 #

Arnaud DANJEAN

Motion for a resolution
Paragraph 19

~~19. Urges the Commission publicly to exclude companies engaging in such activities from EU procurement procedures, from research and development funding and from any other financial support;~~deleted

Amendment 136 #

Godelieve QUISTHOUDT-ROWOHL, Cristian Dan PREDA

Motion for a resolution
Paragraph 19

Amendment 137 #

Motion for a resolution
Paragraph 19

Amendment 138 #

Motion for a resolution
Paragraph 19

19. Urges the Commission ~~publicly to exclude companies engaging in such activities from EU procurement procedures, from research and development funding and from any other financial support~~annually to compile a list of companies that work with countries that commit violations of human rights;

Amendment 139 #

Motion for a resolution
Paragraph 19

19. Urges the Commission publicly to exclude companies engaging in such activities from EU procurement procedures, from research and development funding and from any other financial support and to encourage Member States to prosecute such companies;

Amendment 14 #

Godelieve QUISTHOUDT-ROWOHL, Therese COMODINI CACHIA, Andrzej GRZYB

Motion for a resolution
Recital C

C. whereas this is done by ~~government~~dictatorships, criminal organisations, terrorist networks and private actors to violate human rights;

Amendment 140 #

Andi CRISTEA

Motion for a resolution
Paragraph 19 a (new)

19a. Calls on the Commission to pay particular attention to human rights aspects in the public procurement processes for technological equipment, especially in countries with unreliable practises in this domain;

Amendment 141 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission and Council actively to defend the open internet, multi- stakeholder decision-making procedures and digital freedoms in third countries through internet governance fora;

Amendment 142 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER

Motion for a resolution
Paragraph 20

20. Calls on the Commission and Council to actively to defend the open internet, multi- stakeholder decision-making procedures, net neutrality and digital freedoms in internet governance fora;

Amendment 143 #

Ignazio CORRAO

Motion for a resolution
Paragraph 20

20. Calls on the Commission and Council actively to defend the open internet, multi- stakeholder decision-making procedures and digital freedoms in internet governance fora and to promote net neutrality;

Amendment 144 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission and Council actively to defend a neutral network and the open internet, multi- stakeholder decision-making procedures and digital freedoms in internet governance fora;

Amendment 145 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 20

20. Calls on the Commission and Council actively to defend ~~the open internet~~net neutrality, multi- stakeholder decision-making procedures ~~and~~, digital freedoms and data protection safeguards in internet governance fora;

Amendment 146 #

Motion for a resolution
Paragraph 20 a (new)

20a. Condemns the weakening and undermining of encryption protocols and products, particularly by intelligence services who wish to intercept communications that are encrypted;

Amendment 147 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 20 b (new)

20b. Warns against the privatization of law enforcement through internet companies and internet service providers;

Amendment 148 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 20 c (new)

20c. Calls for a clarification of norms and standards that private actors use to develop their systems;

Amendment 149 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 20 d (new)

20d. Recalls the importance of assessing the context within which technologies are used, in order to fully appreciate their human rights impact;

Amendment 15 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER

Motion for a resolution
Recital C

C. whereas this is done by governments, law enforcement bodies, criminal organisations, terrorist networks and private actors to violate human rights;

Amendment 150 #

Motion for a resolution
Paragraph 20 e (new)

20e. Explicitly calls for promoting tools enabling the anonymous and/or pseudonymous use of the internet and to challenge the one-sided view that such tools are allowing criminal activities, rather than empowering human rights activists beyond and within the EU;

Amendment 151 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 20 f (new)

20f. Urges the Council, the Commission and the External Action Service to develop smart and effective policies to regulate the export of dual-use technologies, addressing potentially harmful exports of ICT products and services, at international level within multilateral export control regimes and other international bodies;

Amendment 152 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 20 g (new)

20g. Stresses that any regulatory changes aimed at increasing the effectiveness of export controls vis-à-vis Intangible Technology Transfers must not inhibit legitimate research and access to and exchange of information, and that any potential measures such as the use of EU General Export Authorisations for dual- use research should not have a 'chilling effect' upon individuals and SMEs;

Amendment 153 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 20 h (new)

20h. Calls on Member States to ensure that existing and future export control policies do not restrict the activities of legitimate security researchers, and that export controls are applied in good faith to only clearly defined technologies intended to be used for mass surveillance, censorship, jamming, interception, monitoring, and the tracing and tracking of citizens and their activities on (mobile) telephone networks;

Amendment 154 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 20 i (new)

20i. Recalls that mesh-based ad hoc wireless technologies offer a high potential to provide for backup networks in areas where the internet is unavailable or blocked, and can help the advancement of human rights;

Amendment 155 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 20 j (new)

20j. Calls on the Commission to appoint an independent group of experts who can perform a human rights impact assessment on existing EU standards for ICTs, with the goal of making recommendations for adjustments that will increase the protection of human rights, particularly when systems are exported;

Amendment 156 #

Godelieve QUISTHOUDT-ROWOHL, Andrzej GRZYB

Motion for a resolution
Paragraph 20 a (new)

20a. Recognises that technological development poses a challenge to legal systems which need to adjust to new circumstances; further underlines the importance of law makers paying more attention to issues relating to the digital economy;

Amendment 157 #

Motion for a resolution
Paragraph 21

21. Calls on the Commission to involve civil society, and independent experts in the ICT field~~, to ensur~~ in third countries, to promote up-to-date expertise that should result in future-proof policy making;

Amendment 158 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 21

21. Calls on the Commission to involve civil society, and independent experts, including security researchers, in the ICT field, to ensure up-to-date expertise that should result in future-proof policy making;

Amendment 159 #

Motion for a resolution
Paragraph 22

22. Underlines the need to avoid unintended consequences such as restrictions or chilling effects on research, on the exchange of and access to information or on the export of technologies that are in the interest of advancing human rights;

Amendment 16 #

Godelieve QUISTHOUDT-ROWOHL, Therese COMODINI CACHIA, Andrzej GRZYB, Cristian Dan PREDA

Motion for a resolution
Recital C

C. whereas this is done by ~~government~~public and private actors, criminal organisations, and terrorist networks ~~and private actors~~ to violate human rights;

Amendment 160 #

Louis MICHEL

Motion for a resolution
Paragraph 22

22. Underlines the need to avoid unintended consequences such as restrictions on research and development, on the exchange of and access to information or on the export of technologies that are in the interest of acquiring the requisite digital skills through education and advancing human rights;

Amendment 161 #

Motion for a resolution
Paragraph 22

22. ~~Underlines the need to avoid unintended consequences such as restrictions on research, on the exchange of and access to information~~Calls on the Commission to include in its proposals measures to monitor, prevent and remove any unintended consequences such as restrictions or chilling effects on scientific and other types of bona fide research, on the exchange of and access to information and the development of security knowledge with no criminal intent or on the export of technologies that are in the interest of advancing human rights;

Amendment 162 #

Motion for a resolution
Paragraph 23

23. Believes that cooperation between governments and private actors worldwide in the digital domain calls for clear checks and balances and must not lead to the undermining of democratic and judicial oversight, including the Internet Governance Forum;

Amendment 163 #

Motion for a resolution
Paragraph 23 a (new)

23a. Notes with growing concern that individuals and groups in Member States and in third countries can plan and execute terrorist attacks and other illegal activity via digital technology and have thereby shifted the balance of risk in recent years into uncontrolled and unregulated hands;

Amendment 164 #

Motion for a resolution
Paragraph 23 a (new)

23a. Notes that a voluntary approach is not enough, and that binding measures are required to encourage companies to take into account a country’s human rights record before selling their products there and to carry out an assessment of the effect their technologies will have on human rights defenders and government critics;

Amendment 165 #

Motion for a resolution
Paragraph 23 b (new)

23b. Calls for a proposal for EU legislation on export controls that limits and regulates the global trade in European surveillance technology;

Amendment 166 #

Motion for a resolution
Paragraph 23 c (new)

23c. Urges a renewal and revision of the EU Regulation on the control of dual-use items (Dual-Use Regulation) so that they include sensitive ICT items.

Amendment 167 #

Motion for a resolution
Paragraph 23 d (new)

23d. Is of the opinion that the export of highly sensitive goods must be checked before these highly sensitive goods leave the EU and that penalties are necessary in the event of violations;

Amendment 168 #

Motion for a resolution
Paragraph 23 e (new)

23e. Calls for each individual to be entitled to encryption and also for the necessary conditions to be created to be able to operate encryption; takes the view that controls should be a matter for the end user who will need the skills required to carry out such controls properly;

Amendment 169 #

Motion for a resolution
Paragraph 23 f (new)

23f. Calls for the introduction of ‘end to end’ encryption standards as a matter of course for all communication services so as to make it more difficult for governments, intelligence agencies and surveillance bodies to read content;

Amendment 17 #

Motion for a resolution
Recital C a (new)

Ca. mindful of the mass surveillance carried out by the US on European citizens and governments;

Amendment 170 #

Motion for a resolution
Paragraph 23 g (new)

23g. Emphasises the special responsibility of government intelligence services to build trust and calls for an end to mass surveillance; considers that the monitoring of European citizens through domestic and foreign intelligence services has to be addressed and stopped;

Amendment 171 #

Motion for a resolution
Paragraph 23 h (new)

23h. Is opposed to the sale and distribution of European surveillance technology and censorship tools to authoritarian systems in which the rule of law does not exist;

Amendment 172 #

Motion for a resolution
Paragraph 23 i (new)

23i. Calls for the scope for international protection of whistleblowers to be extended and also encourages Member States to table laws to protect them;

Amendment 173 #

Motion for a resolution
Paragraph 23 j (new)

23j. Calls for a UN envoy for digital liberties and data protection to be appointed and calls for the brief of the EU commissioner for human rights to be extended so that technology is also considered from a human rights angle;

Amendment 174 #

Motion for a resolution
Paragraph 23 k (new)

23k. Calls for measures to ensure that the privacy of activists, journalists and citizens is protected everywhere in the world and that they are able to network via the Internet;

Amendment 175 #

Motion for a resolution
Paragraph 23 l (new)

23l. Emphasises the importance of Open Source Technologies both for innovation and openness and for transparency;

Amendment 176 #

Godelieve QUISTHOUDT-ROWOHL, Therese COMODINI CACHIA, Andrzej GRZYB, Cristian Dan PREDA

Motion for a resolution
Paragraph 23 m (new)

23m. Insists on the right to Internet access as a human right and calls for measures to eliminate the digital divide;

Amendment 18 #

Marietje SCHAAKE, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER

Motion for a resolution
Recital D

D. whereas the context in which ICTs are designed and used determines, to a great extent, the impact they can have as a force to advance or to violate human rights, information technology, especially software is rarely single-use and usually dual-use as far as their potential to violate human rights is concerned, while software also is a form of speech;

Amendment 19 #

Motion for a resolution
Recital D a (new)

Da. whereas ICTs have been key instruments in organizing social movements and protest in various countries, especially under authoritative regimes;

Amendment 2 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Citation 6 a (new)

- having regard to the report of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism of 23 September 2014 (A/69/375)1a, __________________ 1ahttp://daccess-dds- ny.un.org/doc/UNDOC/GEN/N14/545/19/ PDF/N1454519.pdf?OpenElement

Amendment 20 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Recital D a (new)

Da. whereas the assessment of the context is determined by the strength of national and regional legal frameworks to regulate the use of technologies and the ability of political and judicial institutions to oversee such use;

Amendment 21 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Recital E

E. whereas in the digital domain, private actors play an increasingly significant role in all spheres of social activities, but safeguards are still not in place to prevent them from imposing excessive restrictions on fundamental rights and freedoms; as a result, private actors play a more active role in assessing the legality of content and in developing cyber security systems and surveillance systems, which can have a detrimental impact on human rights all over the world;

Amendment 22 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Recital E a (new)

Ea. whereas the Internet represents a revolution in terms of the possibilities for exchanging data, information and knowledge of all kinds;

Amendment 23 #

Motion for a resolution
Recital E a (new)

Ea. whereas encryption is an important method that helps to secure communications and the people using them;

Amendment 24 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Recital E b (new)

Eb. whereas internet governance has benefitted from a multistakeholder decision making model; a process ensuring meaningful, inclusive and accountable participation of all stakeholders, governments, civil society, technical and academic communities, private sector, and users;

Amendment 25 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Recital E c (new)

Ec. whereas intelligence agencies have systematically undermined cryptographic protocols and products in order to be able to intercept; whereas the US National Security Agency has collected vast numbers of so called 'zero-day exploits' – IT security vulnerabilities that are not yet known to the public or the product vendor; whereas such activities undermine global efforts to improve IT security;

Amendment 26 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Recital E d (new)

Ed. whereas EU-based intelligence services have engaged in activities that harm human rights;

Amendment 27 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL

Motion for a resolution
Recital E e (new)

Ee. whereas in light of rapid technological developments, judicial and democratic oversight and safeguards are largely underdeveloped;

Amendment 28 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Recital F

F. whereas (cyber-)security and counter- terrorism measures involving ICTs, or the monitoring, of the internet ~~often~~may have ~~significant~~ detrimental effects on ~~the human rights of people all over the world~~individual freedoms, especially in the absence of legal basis, necessity, proportionality or democratic and judicial oversight;

Amendment 29 #

Arnaud DANJEAN

Motion for a resolution
Recital F

F. whereas (cyber-)security and counter- terrorism measures involving ICTs, or the monitoring, of the internet ~~often have significant~~may have detrimental effects on the human rights of people all over the world, especially in the absence of legal basis, necessity, proportionality or democratic and judicial oversight;

Amendment 3 #

Motion for a resolution
Citation 6 b (new)

- having regard to the report of the UN Special Rapporteur on the right to freedom of expression and opinion of 17 April 2013 (A/HRC/23/40) on the implications of states' surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression,

Amendment 30 #

Godelieve QUISTHOUDT-ROWOHL, Therese COMODINI CACHIA, Andrzej GRZYB, Cristian Dan PREDA

Motion for a resolution
Recital F

F. whereas (cyber-)security and counter- terrorism measures involving ICTs, or the monitoring, of the internet ~~ofte~~can have significant detrimental effects on the human rights of people all over the world, especially in the absence of legal basis, necessity, proportionality or democratic and judicial oversight;

Amendment 31 #

Motion for a resolution
Recital F a (new)

Fa. mindful of the potential risk posed by the use of new technologies as a tool for the unlimited domination and exploitation of nature;

Amendment 32 #

Motion for a resolution
Recital F a (new)

Fa. whereas intrusion and surveillance systems may also negatively impact on the human rights of EU citizens when residing or travelling abroad;

Amendment 33 #

Ignazio CORRAO

Motion for a resolution
Recital F a (new)

Fa. whereas internet filters and communication surveillance undermine human rights defenders' ability to take advantage of the Internet and to communicate sensitive information, and are in breach of several articles in the Universal Declaration of Human Rights (UDHR) guaranteeing every person's rights to privacy and freedom of expression;

Amendment 34 #

Motion for a resolution
Recital H

H. whereas the European Union can only lead by example on digital freedoms when these are safeguarded in the EU itself, and thus adopting the EU data protection package is crucial;

Amendment 35 #

Motion for a resolution
Recital H a (new)

Ha. whereas the 3-4 December 2013 Wassenaar Arrangement plenary meeting agreed to new export controls in the areas of surveillance and law enforcement/intelligence gathering tools and Internet Protocol (IP) network surveillance systems or equipment, which, under certain conditions, may be detrimental to international and regional security and stability;

Amendment 36 #

Motion for a resolution
Recital H a (new)

Ha. whereas far-reaching social interests are at stake, such as the protection of fundamental rights, which should not be determined by the market alone, but need regulation,

Amendment 37 #

Motion for a resolution
Recital H a (new)

Ha. whereas respect for fundamental rights and the rule of law and effective parliamentary oversight of intelligence services using digital surveillance technology are important elements of international cooperation;

Amendment 38 #

Motion for a resolution
Recital H b (new)

Hb. whereas EU-based companies have an important share of the global market in ICTs, in particular when it comes to exporting surveillance, tracking, intrusion and monitoring technology;

Amendment 39 #

Godelieve QUISTHOUDT-ROWOHL, Therese COMODINI CACHIA, Andrzej GRZYB

Motion for a resolution
Recital H c (new)

Hc. whereas the introduction of export controls should not harm legitimate research into IT security issues and the development of IT security tools without criminal intent;

Amendment 4 #

Motion for a resolution
Citation 15

– having regard to the European Union restrictive measures in place ~~against Egypt, Libya, Iran, South Sudan, Sudan and Syria~~, some of which include embargoes on telecommunications equipment, information and communication technologies (ICTs) and monitoring tools,

Amendment 40 #

Motion for a resolution
Paragraph 1

1. Recognises that human rights and fundamental freedoms are universal and should be defended globally in every dimension of their expression;

Amendment 41 #

Motion for a resolution
Paragraph 1

1. Recognises that human rights and fundamental freedoms are universal and ~~should~~need to be defended globally;

Amendment 42 #

Motion for a resolution
Paragraph 1

1. Recognises that human rights and fundamental freedoms are universal and should be defended globally; stresses that the surveillance of communications, as such, interferes with the rights to privacy and expression and thereby threatens the very foundations of democratic society, if conducted outside an adequate legal framework;

Amendment 43 #

Motion for a resolution
Paragraph 1 a (new)

1a. Recognises the contribution made through the development of digital technologies to economic growth and to national security;

Amendment 44 #

Motion for a resolution
Paragraph 2

2. Calls on the Commission to ensure coherence between the EU’s external actions and its internal policies related to ICTs, and its commitments and obligations in the field of human rights;

Amendment 45 #

Motion for a resolution
Paragraph 2 a (new)

2a. Believes that mass surveillance of citizens and the spying on political leaders by the US NSA with the active complicity of certain EU Member States, as revealed by Edward Snowden, have caused serious damage to the credibility of the EU's human rights policy and have undermined global trust in the benefits of ICTs;

Amendment 46 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 2 b (new)

2b. Reminds the Member States and EU agencies, including Europol and Eurojust, of their obligations under the Charter of Fundamental Rights of the European Union, international human rights law and of the EU's external policy objectives, which forbid them to share intelligence data which might lead to human rights violations in a third country or to use information obtained as a result of a human rights violation, such as unlawful surveillance, outside the EU;

Amendment 47 #

Motion for a resolution
Paragraph 3

3. Stresses that the ~~role of ICT~~impact of technologies on the improvement of human rights should be mainstreamed in all EU policies and programmes to advance human rights protection;

Amendment 48 #

Motion for a resolution
Paragraph 3

3. Stresses that the role of ICTs should be mainstreamed in all EU policies and programmes to advance human rights protection; and the promotion of democracy, the rule of law and good governance as well as peaceful conflict resolution;

Amendment 49 #

Motion for a resolution
Paragraph 3 a (new)

3a. Asks that ICTs and new technologies should be able to help strengthen the participative fabric of European society; takes the view, in this context, that cyber citizenship and teledemocracy offer a new horizon in terms of rights;

Amendment 5 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Citation 17 a (new)

- having regard to the decisions of the 19th Plenary Meeting of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies held in Vienna on 3-4 December 2013,

Amendment 50 #

Motion for a resolution
Paragraph 4

4. Calls for the active development and dissemination of technologies that help protect human rights and facilitate people´s digital ~~freedoms and security~~rights and freedoms as well as their security, along with promoting best practices and appropriate legislative frameworks;

Amendment 51 #

Motion for a resolution
Paragraph 4

4. Calls for the active development and dissemination of technologies that help protect human rights and facilitate people´s digital freedoms ~~and security~~, while guaranteeing the security and the integrity of personal data;

Amendment 52 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 4

4. Calls for the active development and dissemination of technologies that help protect human rights and facilitate people´s digital freedoms and security; in particular, urges the EU and its Member States to actively promote the use and development of open standards and free and open-source software and cryptographic technologies;

Amendment 53 #

Motion for a resolution
Paragraph 4 a (new)

4a. Calls on the EU to increase its support for actors, those who work on strengthening security and privacy protection standards in ICTs on all levels, including hardware, software and communication standards as well as the development of the hardware and software in privacy-by-design frameworks;

Amendment 54 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 4 b (new)

4b. Calls for a human rights and technology fund to be established under the European Instrument for Democracy and Human Rights;

Amendment 55 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 4 c (new)

4c. Urges the EU itself, and in particular the EEAS, to use encryption in its communications with human rights defenders, to avoid putting defenders at risk and to protect its own communications with outsiders from surveillance;

Amendment 56 #

Marietje SCHAAKE, Fernando MAURA BARANDIARÁN, Ilhan KYUCHYUK, Ivo VAJGL, Renate WEBER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 4 d (new)

4d. Calls on the EU to adopt free and open source software as well as to encourage other actors to do so, as such software provides for better security and for greater respect for human rights;

Amendment 57 #

Godelieve QUISTHOUDT-ROWOHL, Andrzej GRZYB, Therese COMODINI CACHIA

Motion for a resolution
Paragraph 4 a (new)

4a. Draws attention to the importance of developing ICTs in conflict areas to promote peacebuilding activities with a view to providing secure communication between parties involved in peaceful resolution of conflicts;

Amendment 58 #

Andi CRISTEA

Motion for a resolution
Paragraph 4 a (new)

4a. Calls on the implementation of the conditions, benchmarks and reporting procedures in order to ensure that the EU financial and technical support to the development of new technologies in third countries is not used in a way that infringes human rights;

Amendment 59 #

Motion for a resolution
Paragraph 4 a (new)

4a. Calls for ICT freedom, the possibility of self-determination in ICT matters and the protection of personal data to be deemed new rights corresponding to current technological challenges;

Amendment 6 #

Louis MICHEL

Motion for a resolution
Citation 22

– having regard to its resolutions on urgent cases of breaches of human rights, democracy and the rule of law, where they raise concerns regarding digital freedoms, having regard to its resolution of 12 March 2015 on the EU’s priorities for the UN Human Rights Council in 2015,

Amendment 60 #