EU to target streaming data storage?
EU plans to force service providers to retain all communications data for up to seven years have been met with dismay. The agreement by a committee of ministers from EU member states to allow communications to be held for law enforcement purposes could mean ISPs having to increase their storage capacity, especially those who deal with large amounts of streamed data.
‘Europe has gone mad’ said Colin Middlemiss of consumer ISP Supanet. ‘Obviously this committee is sat in a room with no understanding of what is actually needed to make this happen.’ Clearly the situation would also increase already high streaming prices, and potentially require CDN’s to upgrade their storage capacity – a costly process.
Glenn Tookey of colocation provider TeleCity said ISPs weren’t equipped to keep data for audit purposes. ‘It’s an explosion in data storage and it will put a significant amount of cost on the value chain and squeeze margins for operators working very hard to keep their heads above water in the current market.’
The controversy centres on the Telecommunications Council’s decision to amend article 6 and article 15 of an EU Directive on personal data and the protection of privacy in e-commerce. It has deleted the European Commission’s original text, which demanded that, ‘traffic must be erased or made anonymous when it is no longer needed for the purposes of the transmission’ – to bill a customer for example. Instead the Council has left it up to national governments to determine whether data should be retained, offering the option of storing communication for between one and seven years.
Middlemiss insisted that such a demand would prove highly damaging to smaller ISPs. ‘It favours the big players and puts more pressure on the smaller ISPs, already struggling to cope with the larger multi-country ISPs and their revenues. There is no doubt it would put costs up, which would have to be passed onto the customer.’
The amendment was carried after pressure from the UK, Sweden and Belgium to provide tougher powers for law enforcement agencies overcame the objections of Greece, Italy, the Netherlands and the European Commission. The EU’s Data Protection Working Party also objected to the measure, claiming it would undermine privacy, data protection and freedom of expression. ‘Could the information society still claim to be a democratic society under such circumstances,’ it asked.
Tookey said that although he supported attempts to tackle cybercrime, the amendment would fail in its objective. ‘Because it could be adopted by each country in the way that it wants, you could see ISPs storing data in areas where legislation is more lax.’ In response to government claims that law enforcement agencies would only be interested in those engaged in illegal activities, he added: ‘The innocent may have nothing to fear but if you are an ISP you are going to look after the innocent and the guilty by auditing their data, which will impact on the industry at a time when we need market growth.’
Those opposed to the change will now have to rely on the European Parliament voting against it. The Directive needs the backing of the Council, Commission and Parliament to succeed.
Joseph Devo, ISPworld magazine, July 2001 IssueTo subscribe go to (www.ispworld.co.uk)