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@@ -17,7 +17,7 @@ /* cache key: new_euwiki-en_:resourceloader:filter:minify-css:7:7c2ee0c606b1353543b5ce882fb1bb3b */</style> <script src="http://en.euwiki.org/w/load.php?debug=false&lang=en&modules=startup&only=scripts&skin=monobook&*"></script> <script>if(window.mw){ -mw.config.set({"wgCanonicalNamespace":"","wgCanonicalSpecialPageName":false,"wgNamespaceNumber":0,"wgPageName":"Ensuring_utmost_transparency_--_Free_Software_and_Open_Standards_under_the_Rules_of_Procedure_of_the_European_Parliament","wgTitle":"Ensuring utmost transparency -- Free Software and Open Standards under the Rules of Procedure of the European Parliament","wgCurRevisionId":17467,"wgRevisionId":0,"wgArticleId":5280,"wgIsArticle":false,"wgIsRedirect":false,"wgAction":"edit","wgUserName":null,"wgUserGroups":["*"],"wgCategories":[],"wgBreakFrames":true,"wgPageContentLanguage":"en","wgPageContentModel":"wikitext","wgSeparatorTransformTable":["",""],"wgDigitTransformTable":["",""],"wgDefaultDateFormat":"dmy","wgMonthNames":["","January","February","March","April","May","June","July","August","September","October","November","December"],"wgMonthNamesShort":["","Jan","Feb","Mar","Apr","May","Jun","Jul","Aug","Sep","Oct","Nov","Dec"],"wgRelevantPageName":"Ensuring_utmost_transparency_--_Free_Software_and_Open_Standards_under_the_Rules_of_Procedure_of_the_European_Parliament","wgIsProbablyEditable":false,"wgRestrictionEdit":[],"wgRestrictionMove":[]}); +mw.config.set({"wgCanonicalNamespace":"","wgCanonicalSpecialPageName":false,"wgNamespaceNumber":0,"wgPageName":"Ensuring_utmost_transparency_--_Free_Software_and_Open_Standards_under_the_Rules_of_Procedure_of_the_European_Parliament","wgTitle":"Ensuring utmost transparency -- Free Software and Open Standards under the Rules of Procedure of the European Parliament","wgCurRevisionId":17473,"wgRevisionId":0,"wgArticleId":5280,"wgIsArticle":false,"wgIsRedirect":false,"wgAction":"edit","wgUserName":null,"wgUserGroups":["*"],"wgCategories":[],"wgBreakFrames":true,"wgPageContentLanguage":"en","wgPageContentModel":"wikitext","wgSeparatorTransformTable":["",""],"wgDigitTransformTable":["",""],"wgDefaultDateFormat":"dmy","wgMonthNames":["","January","February","March","April","May","June","July","August","September","October","November","December"],"wgMonthNamesShort":["","Jan","Feb","Mar","Apr","May","Jun","Jul","Aug","Sep","Oct","Nov","Dec"],"wgRelevantPageName":"Ensuring_utmost_transparency_--_Free_Software_and_Open_Standards_under_the_Rules_of_Procedure_of_the_European_Parliament","wgIsProbablyEditable":false,"wgRestrictionEdit":[],"wgRestrictionMove":[]}); }</script><script>if(window.mw){ mw.loader.implement("user.options",function($,jQuery){mw.user.options.set({"ccmeonemails":0,"cols":80,"date":"default","diffonly":0,"disablemail":0,"editfont":"default","editondblclick":0,"editsectiononrightclick":0,"enotifminoredits":0,"enotifrevealaddr":0,"enotifusertalkpages":1,"enotifwatchlistpages":1,"extendwatchlist":0,"fancysig":0,"forceeditsummary":0,"gender":"unknown","hideminor":0,"hidepatrolled":0,"imagesize":2,"math":1,"minordefault":0,"newpageshidepatrolled":0,"nickname":"","norollbackdiff":0,"numberheadings":0,"previewonfirst":0,"previewontop":1,"rcdays":7,"rclimit":50,"rows":25,"showhiddencats":0,"shownumberswatching":1,"showtoolbar":1,"skin":"monobook","stubthreshold":0,"thumbsize":2,"underline":2,"uselivepreview":0,"usenewrc":0,"watchcreations":1,"watchdefault":1,"watchdeletion":0,"watchlistdays":3,"watchlisthideanons":0,"watchlisthidebots":0,"watchlisthideliu":0,"watchlisthideminor":0,"watchlisthideown":0,"watchlisthidepatrolled":0,"watchmoves":0,"wllimit":250, "useeditwarning":1,"prefershttps":1,"language":"en","variant-gan":"gan","variant-iu":"iu","variant-kk":"kk","variant-ku":"ku","variant-shi":"shi","variant-sr":"sr","variant-tg":"tg","variant-uz":"uz","variant-zh":"zh","searchNs0":true,"searchNs1":false,"searchNs2":false,"searchNs3":false,"searchNs4":false,"searchNs5":false,"searchNs6":false,"searchNs7":false,"searchNs8":false,"searchNs9":false,"searchNs10":false,"searchNs11":false,"searchNs12":false,"searchNs13":false,"searchNs14":false,"searchNs15":false,"searchNs274":false,"searchNs275":false,"searchNs828":false,"searchNs829":false,"variant":"en"});},{},{});mw.loader.implement("user.tokens",function($,jQuery){mw.user.tokens.set({"editToken":"+\\","patrolToken":false,"watchToken":false});},{},{}); @@ -492,13 +492,13 @@ Consequently, the standards that affect such conditions must be continuously fre It is also quite self-evident that transmitting information to an outlet that cannot be used by the intended recipient equals to opaqueness, as openness must be a characteristic of the entire space between the object and the observer. As said before, while having total openness – which means totally unencumbered space – is more a reference than a realistic goal, getting as close as practically possible to it is the yardstick of compliance with the rule in hand.<ref>{{cite web|last1=Updegrove|first1=Andrew|title=With Access and Information for All|url=http://www.consortiuminfo.org/bulletins/feb09.php#editorial|website=Consortium Info|accessdate=25 July 2014}}</ref> <ref>{{cite web|last1=Updegrove|first1=Andrew|title=How Open Must an Open Government Platform be?|url=http://www.consortiuminfo.org/bulletins/feb09.php#feature|accessdate=25 July 2014}}</ref> -It is reasonable that the means and infrastructure to be used to achieve the goal of openness are a matter of technical decisions in a scenario of non-unlimited resources. It also seems reasonable that once an high level decision on which channel is more conveniently adopted, at an early stage of the decisional process, and throughout the life cycle of the adopted solutions, the decision makers shall measure how easily accessible the channel is. +It is reasonable that the means and infrastructure to be used to achieve the goal of openness are a matter of technical decisions in a scenario of non-unlimited resources. It also seems reasonable that once a high level decision on which channel is more conveniently adopted, at an early stage of the decisional process, and throughout the life cycle of the adopted solutions, the decision makers shall measure how easily accessible the channel is. As soon as the radio broadcasting was shown to be a practical way to spread information, institutions found it convenient to use the radio channel to increase the outreach of their messages. When television came along, and become a widespread medium, that channel was also used, both directly and through facilitating reporting by the press. Because today Internet is one of the most used source of information, all institutions use the various communication avenues that Internet allows to increase, at exponential rates, access and feedback, including the European Parliament. Internet is a showcase of open standards, because as such Internet is nothing more than a collection of protocols one stacked upon the other. <ref>For an historical perspective of how Internet developed and was defined, see {{cite journal | author=[[Barry M. Leiner]], [[Vinton G. Cerf]], [[David D. Clark]], [[Robert E. Kahn]], [[Leonard Kleinrock]], [[Daniel C. Lynch]], [[Jon Postel]], [[Lawrence Roberts (scientist)|Larry G. Roberts]], [[Stephen Wolff]] | title=A Brief History of Internet | year=2003 | url=http://www.isoc.org/internet/history/brief.shtml | accessdate= 25 July 2014}}</ref> so that information and services are exchanged between and through an arbitrary set of networks through common interfaces. It is hard to think of something more accessible and widely available and efficient. No doubt any openness must involve Internet distribution. -But while it is true that Internet means a stack of protocols and interfaces, due to its anarchic and agnostic nature, it is possible that some of the chosen protocols are less easily available and widespread. In theory, parties can agree upon "proprietary protocols" and still have a way to communicate. Privacy-aware protocols, like those enabling VPNs are just there for that, creating a privileged channel that excludes all others not part of the conversation. Encryption is a way to transmit a confidential message over a public channel, introducing a secret and private element that allows only those privy of something to make sense of the message. {{citation needed}} On the other end of the spectrum are those protocols, widespread, available and unencumbered standards that any entity is able to intercept and interpret to the fullest without any kind of restriction, where nothing, being it a technical, economic or legal element, hindering the access to the message. This is one possible way of defining "open standards". Which is the subject of the next section. +But while it is true that Internet means a stack of protocols and interfaces, due to its anarchic and agnostic nature, it is possible that some of the chosen protocols are less easily available and widespread. In theory, parties can agree upon "proprietary protocols" and still have a way to communicate. Privacy-aware protocols, like those enabling VPNs are just there for that, creating a privileged channel that excludes all others not part of the conversation. Encryption is a way to transmit a confidential message over a public channel, introducing a secret and private element that allows only those privy to something to make sense of the message. {{citation needed}} On the other end of the spectrum are those protocols, widespread, available and unencumbered standards that any entity is able to intercept and interpret to the fullest without any kind of restriction, where nothing, being it a technical, economic or legal element, hindering the access to the message. This is one possible way of defining "open standards". Which is the subject of the next section. = Free and open in technology = @@ -607,13 +607,13 @@ An Identified Standard will qualify as an “Open Standard”, if it meets the f === Many more definitions === -These are just samples to show how strong is the debate on Open Standards and what is the centerpoint of the discussion: patents, or patent holders trying to extract royalty revenues for any time a standard is used; and claiming that a patent license, with attached conditions for use, should be agreed upon, even though on a "FRAND" basis. As of August 2014, Wikipedia counted no less than 20 different definitions, and undoubtedly many more exist. <ref>{{cite web|title=Open Standard|url=https://en.wikipedia.org/wiki/Open_standard#Specific_definitions_of_an_open_standard|website=Wikipedia|accessdate=7 August 2014}}</ref> +These are just samples to show how strong the debate on Open Standards is and what the centerpoint of the discussion is: patents, or patent holders trying to extract royalty revenues for any time a standard is used; and claiming that a patent license, with attached conditions for use, should be agreed upon, even though on a "FRAND" basis. As of August 2014, Wikipedia counted no less than 20 different definitions, and undoubtedly many more exist. <ref>{{cite web|title=Open Standard|url=https://en.wikipedia.org/wiki/Open_standard#Specific_definitions_of_an_open_standard|website=Wikipedia|accessdate=7 August 2014}}</ref> === The RFCs === "RFCs" (shorthand for "Request For Comments") are specifications which do not qualify as ''de iure'' standards (standards adopted by internationally recognised standard setting bodies after a formal process"), but nonetheless are respected and complied with as if they were formal standards. RFCs which is one of the ways that many of the most used Internet protocols have born and evolve. -RFCs are a sort of formal standards, because an authoritative and documented source of normative and explanatory text exists. They have been adopted since the times of the ARPANET project ("Advanced Research Projects Agency Network" the initial network from which Internet originated) <ref>{{cite news|url=http://www.nytimes.com/2009/04/07/opinion/07crocker.html?_r=1&em |title=Stephen D. Crocker, '&#39;How the Internet Got Its Rules'&#39;, The New York Times, 6 April 2009 |publisher=Nytimes.com |date= April 7, 2009|accessdate=2014-07-25}}</ref> and evolved over the times. RFCs are now a body of standards collected and organised by the [http://ietf.org/ IETF (Internet Engineering Task Force)] and by the less famous [http://www.internetsociety.org/ Internet Society]. +RFCs are akin to formal standards, because an authoritative and documented source of normative and explanatory text exists. They have been adopted since the times of the ARPANET project ("Advanced Research Projects Agency Network" the initial network from which Internet originated) <ref>{{cite news|url=http://www.nytimes.com/2009/04/07/opinion/07crocker.html?_r=1&em |title=Stephen D. Crocker, '&#39;How the Internet Got Its Rules'&#39;, The New York Times, 6 April 2009 |publisher=Nytimes.com |date= April 7, 2009|accessdate=2014-07-25}}</ref> and evolved over the times. RFCs are now a body of standards collected and organised by the [http://ietf.org/ IETF (Internet Engineering Task Force)] and by the less famous [http://www.internetsociety.org/ Internet Society]. They should not be underestimated, as they are at the foundation of some of the most important and widely used protocols, such as the protocols that make the Internet email system <ref>e.g., the IMAP Protocols, see among them {{cite web|title=IMAP protcol, RFC1064|url=http://tools.ietf.org/html/rfc1064|accessdate=25 July 2014}}</ref> @@ -653,37 +653,37 @@ This is a slightly more verbose definition (only headlines are provided, for bre </blockquote> -Despite the two definitions are different, it is difficult – nay impossible ‒ to find a subset of licenses that qualify under one definition and are outside the other definition, therefore, for our scopes, we will treat Free Software and Open Source Software (i.e., software licensed under either definition) as synonyms. +Although the two definitions are different, it is difficult – nay impossible ‒ to find a subset of licenses that qualify under one definition and are outside the other definition, therefore, for our scopes, we will treat Free Software and Open Source Software (i.e., software licensed under either definition) as synonyms. ==== Is that about it? ==== -No serious contention exists that Free Software is the golden standard for openness in software. +There is no serious contention as to whether Free Software is the golden standard for openness in software. Yet, if openness is a continuum, there are lesser forms of openness also in the software making. For instance, claims can exist that proprietary platforms that implement standard interfaces are "open", and indeed some form of openness exists also in ultra-proprietary software like Microsoft Windows. {{citation needed}} Interoperability is a form of openness, standards are a form of openness, also in software. However, when it comes to software, the four freedoms granted by Free Software are not an easy yardstick with which to be measured. Full access to code, especially when it is enforceable through the "copyleft" conditions, has many advantages that go beyond the much touted "bazaar model" of development. <ref>{{cite web|last1=Raymond|first1=Eric S.|title=The Cathedral and the Bazaar|url=http://www.catb.org/esr/writings/cathedral-bazaar/|accessdate=11 August 2014}}</ref> Access to code and the legal permissions that the license provide mean anyone with sufficient skills can take over the program and "fork" it (forking means that someone parts from the current development and starts a new independent development branch). In other words, while full access to code does not mean that backdoors and insecurities cannot be inserted, they are quite easily discovered and easily fixed. But in essence, full access to code and the legal permissions that the license convey means that there is an assurance that the software development can proceed even in the event that for any reason relationships with the original developer become problematic. -The most important point is that in a Free Software environment, where the user benefits from the four freedoms and the legal permissions that this brings to them, from an economic point of view a new game (as in the Gaming Theory) is created, compared to what happens in a proprietary environment. This game creates a reassurance against lock-in, because most of the techniques that have been so fare used to force clients to stay with one vendor have little meaning where an exact replica of the entire set of applications can be obtained from other sources, and further development of them can be taken over from any arbitrary point. Let us discuss it in more depth. +The most important point is that in a Free Software environment, where the user benefits from the four freedoms and the legal permissions that this brings to them, from an economic point of view a new game (as in the Gaming Theory) is created, compared to what happens in a proprietary environment. This game creates a reassurance against lock-in, because most of the techniques that have been so far used to force clients to stay with one vendor have little meaning where an exact replica of the entire set of applications can be obtained from other sources, and further development of them can be taken over from any arbitrary point. Let us discuss it in more depth. == Lock in == -So far we have dealt with Free and Open from the perspective of having an unimpaired access to information and data. In other words, to have communication channels that allow content to flow without impairment from one point of the channel to the other. We have seen that certain decisions should be taken to maximize the chance of this to happen. +So far we have dealt with Free and Open from the perspective of having an unimpaired access to information and data. In other words, to have communication channels that allow content to flow without impairment from one point of the channel to the other. We have seen that certain decisions should be taken to maximize the chances of this happening. -However, as with any decision, decision-makers are not always at liberty to choose what it is theoretically best. '''Budgetary restrictions''', for instance, are an obvious obstacle to this freedom, therefore choices need to be made under the condition of allocating the non-unlimited resources at best. '''Time''' is another constraint. If, due to circumstances, choosing a solution requires considerable time, a quicker solution might be preferable, albeit suboptimal in other terms. '''Technical constraints''' also exist, and interact heavily with both of the previously mentioned ones. +However, as with any decision, decision-makers are not always at liberty to choose what is theoretically best. '''Budgetary restrictions''', for instance, are an obvious obstacle to this freedom, therefore choices need to be made under the condition of best allocation of non-unlimited resources. '''Time''' is another constraint. If, due to circumstances, choosing a solution requires considerable time, a quicker solution might be preferable, albeit suboptimal in other terms. '''Technical constraints''' also exist, and interact heavily with both of the previously mentioned ones. -"Technical constraints" deriving from what already is in place (technical infrastructures, previous investments in technology, archives) is what usually is called '''"lock-in"'''. +"Technical constraints" deriving from what already is in place (technical infrastructures, previous investments in technology, archives) is what is usually called '''"lock-in"'''. -Lock-in is a phenomenon where previous choices reduce the freedom to make future choices, because making them would mean to relinquish a seizable part of the investment made in the past. Therefore, it seems to make sense to choose the solution that best adapts to the existing environment, albeit suboptimal in general terms, because the best option would be anti-economical due to the need to change substantial parts of the existing environment. This also generates, and most of the time increases, the lock-in. +Lock-in is a phenomenon where previous choices reduce the freedom to make future choices, because making them would mean relinquishing a seizable part of the investment made in the past. Therefore, it seems to make sense to choose the solution that best adapts to the existing environment, albeit suboptimal in general terms, because the best option would be anti-economical due to the need to change substantial parts of the existing environment. This also generates, and most of the time increases, the lock-in. -Locked-in solutions might not allow to achieve the goal of transparency, because budgetary and time constraints work against it. +Locked-in solutions might not allow achievement of the goal of transparency, because budgetary and time constraints work against it. -The Commission has analysed this phenomenon with a lot of care, although sometimes it showed not to be willing to take the medicament that it prescribed onto others,{{citation needed}} within Action 23 of the Digital Agenda. <ref>{{cite web|title=Action 23: Provide guidance on ICT standardisation and public procurement|url=http://ec.europa.eu/digital-agenda/content/action-23-provide-guidance-ict-standardisation-and-public-procurement|accessdate=8 August 2014}}</ref> The Commission identified lock-in as an important problem that can only be cured with the adoption of open standards ‒ although, as we have seen before, it failed to define properly what an open standard is and it showed a weak spine in bringing the concept of openness where others took it. +The Commission has analysed this phenomenon with a lot of care, although sometimes it proved itself unwilling to take the medicine it prescribed to others,{{citation needed}} within Action 23 of the Digital Agenda. <ref>{{cite web|title=Action 23: Provide guidance on ICT standardisation and public procurement|url=http://ec.europa.eu/digital-agenda/content/action-23-provide-guidance-ict-standardisation-and-public-procurement|accessdate=8 August 2014}}</ref> The Commission identified lock-in as an important problem that can only be cured with the adoption of open standards ‒ although, as we have seen before, it failed to define properly what an open standard is and it showed a weak spine in taking the concept of openness where others took it. <blockquote> The Digital Agenda for Europe identified "lock-in" as a problem. Building open ICT systems by making better use of standards in public procurement will improve and prevent the lock-in issue. <ref>{{cite web|title=Open Standards|url=http://ec.europa.eu/digital-agenda/en/open-standards|accessdate=8 August 2014}}</ref> </blockquote> -Therefore standards are a way to avoid lock-in. The Commission carefully avoids using the wording "open standards", but many indication and references make it clear that it points to that when refers to "standard based procurement". The two main working documents describing how public procurement should be done to avoid lock-in are in +Therefore standards are a way to avoid lock-in. The Commission carefully avoids using the wording "open standards", but many indications and references make it clear that it points to that when it refers to "standard based procurement". The two main working documents describing how public procurement should be done to avoid lock-in are in * A Communication titled "Against lock-in: building open ICT systems by making better use of standards in public" <ref>{{cite web|title=Against lock-in: building open ICT systems by making better use of standards in public|url=http://ec.europa.eu/digital-agenda/news/against-lock-building-open-ict-systems-making-better-use-standards-public|accessdate=8 August 2014}}</ref> @@ -695,7 +695,7 @@ Proceeding from the above, we can safely take a few conclusions: * Because the best tool to avoid lock-in, according to the Commission (but with the agreement of a vast literature, as cited in the two above documents), is a standard-based approach, the Parliament is especially bound to adopt a standard-based approach in procurement. * Not only transparency mandates the use of open standards for the outward channel, but transparency leans heavily towards the use of standard-based decisions and modular, vendor independent, lock-in averted solutions. -The cited documents take no stance towards (or against, for that matter) '''Free Software''' in the lock-in avoidance context. However it seems that one cannot take any conclusions by this omission, only that the lock-in avoidance shall be taken into consideration with all kind of licensing regimes or development environment or technology. At the same time there seems to be no contradiction in the principle we have introduced that Free Software enhances the anti-lock-in power of the user (so much that even the user has the permission to be developer). And we reiterate the fundamental concepts: +The cited documents take no stance towards (or against, for that matter) '''Free Software''' in the lock-in avoidance context. However it seems that one cannot take any conclusions from this omission, only that the lock-in avoidance shall be taken into consideration with all kind of licensing regimes or development environment or technology. At the same time there seems to be no contradiction in the principle we have introduced that Free Software enhances the anti-lock-in power of the user (so much that even the user has the permission to be developer). And we reiterate the fundamental concepts: * Truly Free Software solutions are outside the control of the vendor. The vendor can have a temporary control or even have a stronghold over one solution, but examples exist that when this control is too tight and against the interests of the Community, the ability to "fork" is an essential tool that exerts a constraint on any dictatorial vendor. <ref>A useful discussion on what the ability to fork means in terms of relieving competition concerns can be found in {{cite web|title=Commission Decision of 21.01.2010 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement(Case No COMP/M.5529 - Oracle/ Sun Microsystems)|url=http://ec.europa.eu/competition/mergers/cases/decisions/m5529_20100121_20682_en.pdf|accessdate=10 November 2014}}, Section 4.4.3 (pag. 118 onwards).</ref> @@ -705,7 +705,7 @@ The cited documents take no stance towards (or against, for that matter) '''Free == Free and Open data and content == -If transparency means being able to receiving information, in a legal environment that means "data" and "content". Protection of data and content under European law occurs under three main headlines: +If transparency means being able to receive information, in a legal environment that means "data" and "content". Protection of data and content under European law occurs under three main headlines: * Secrecy (or confidentiality) * Copyright (or ''droit d'auteur''), which may or may not include "moral rights" * Data base (or ''sui generis'') protection @@ -718,7 +718,7 @@ Copyright and data base protection require more in depth analysis. Copyright is uniformly regulated across Europe, under the general umbrella of the Berne Convention, by the implementation at member states' level the "Copyright Directive" <ref>Directive 2001/29/EC of the European Parliament and of the Council [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML].</ref>. Fully analysing the working of copyright is beyond the scope of the research, as it is discussing the slight differences in the single Member States implementations, particularly in terms of exceptions to copyright. -Law texts are generally recognised as no bearing copyright. However, all preparatory works, studies, briefing papers, analyses and other documents can have a different status according to whom has prepared them and under which arrangement with the Parliament. +Law texts are generally recognised as not bearing copyright. However, all preparatory works, studies, briefing papers, analyses and other documents can have a different status according to whom has prepared them and under which arrangement with the Parliament. Under the default copyright regime, the copyright holder has a number of rights to prevent others from performing certain actions, including copying, transforming, translating the copyrighted content. This right arises with the making of the copyrightable subject without the need of any affirmative step or claim. Silence is sufficient. @@ -726,9 +726,9 @@ Under such regime, irrespectively of the actual copyright status under which cer One of the enablements of the Internet (and open standards) is the ability to re-use and transform content to produce new service that provide the same content in innumerable new ways. That could include a "syndication" of content, mash-ups, translations <ref>"A mash-up, in web development, is a web page, or web application, that uses content from more than one source to create a single new service displayed in a single graphical interface." See http://en.wikipedia.org/wiki/Mashup_%28web_application_hybrid%29. Similarly, syndication means aggregation of content from various sources. See for reference http://en.wikipedia.org/wiki/Web_syndication</ref> . Anywhere there is unmet demand for services containing the same information, there can be a service from an unexpected source. Sometimes this service is brought by private, amateur service providers, who have no resources or knowledge to fully inspect all sources to verify if they are freely re-usable in automatically aggregated content. Some do it nonetheless, other might be discouraged from re-sharing the (modified) content on copyright grounds. This is not unexpected in an environment where prohibition is the rule and free use is an exception. -It is therefore important, in the view of the authors, that any time when the rules would allow free re-use of the content, including translation, transformation, aggregation, it is clearly stated so in the clearest and non-revocable way. Absent a clear and final rule that puts the content in "public domain", there should be a default "licensing statement" to clarify the legal status of it. We submit that removing any uncertainties is a step in the right direction. That is, ensuring that all information subject to transparency be '''Open Content'''. +It is therefore important, in the view of the authors, that any time when the rules would allow free re-use of the content, including translation, transformation, aggregation, it is explicitly stated in a clear and irrevocable way. Absent a clear and final rule that puts the content in "public domain", there should be a default "licensing statement" to clarify the legal status of it. We submit that removing any uncertainties is a step in the right direction. That is, ensuring that all information subject to transparency be '''Open Content'''. -Legal instruments exist to this effect. The most known set of these instrument with regard to creative content is the [http://creativecommons.org Creative Commons] one. In particular, the Creative Commons Attribution - only license and the Creative Commons CC-zero (or CC-0) seem to be the most appropriate for implementing an affirmative open content strategy where the copyright status of the work so permit. In order for it to be possible, all material prepared for and upon instructions of the Parliament need to be licensed by their authors under the same or compatible licenses. +Legal instruments exist to this effect. The most known set of these instruments with regard to creative content is the [http://creativecommons.org Creative Commons] one. In particular, the Creative Commons Attribution - only license and the Creative Commons CC-zero (or CC-0) seem to be the most appropriate for implementing an affirmative open content strategy where the copyright status of the work so permits. In order for it to be possible, all material prepared for and upon instruction of the Parliament needs to be licensed by their authors under the same or compatible licenses. Because this is an analysis of open content only from the point of view of transparency, we defer to the many studies on the open content in the public sector for a more detailed discussion. {{citation needed}} @@ -740,7 +740,7 @@ Datasets are protected in Europe by the Database Directive, as implemented by me The Database Directive provides a protection of database on which the maker has put a significant investment in the obtaining, verification or presentation of the contents. This protection is a different kind from copyright or patent protection, and therefore is called "''sui generis''" (of its own kind) and, like the copyright, is granted without any affirmative action, including issuing an express claim, by the maker. Therefore, in default of an express license or waiver, the principle is that the extraction, duplication and dissemination of the dataset (or of a substantial part thereof) is reserved to the maker. -Therefore, in order for datasets to be re-used, and thus to enhance their availability, id est, transparency, data should be treated as long as possible as "Open Data". <ref>An open data definition, modelled upon the Open Source Definition can be found at {{cite web|title=Open Definition|url=http://opendefinition.org/od/}}</ref> Open data in the public sector is so common ground that many states have stated in full the principle that data by default should be open. <ref>See for instance US's {{cite web|title=Executive Order -- Making Open and Machine Readable the New Default for Government Information|url=http://www.whitehouse.gov/the-press-office/2013/05/09/executive-order-making-open-and-machine-readable-new-default-government-|accessdate=8 August 2014}}</ref> Among them the G8 countries have adopted a clear document favouring the use of Open Data. <ref>{{cite web|title=Open Data Charter|url=https://www.gov.uk/government/publications/open-data-charter|accessdate=8 August 2014}}</ref> <ref>A useful resource for information on open data in a governmental environment can be found at {{cite web|title=Citizens, democratic accountability and governance|url=https://okfn.org/opendata/why-open-data/citizenship-and-governance/|website=Open Knowledge|accessdate=8 August 2014}}</ref> <ref>{{cite web|title=Open Data: unleashing the potential|url=https://www.gov.uk/government/publications/open-data-white-paper-unleashing-the-potential|website=Gov.UK|accessdate=10 November 2014}}</ref> Across Europe, a drive towards open data is given also by the PSI Directive, which prescribes that certain data held and produced by the Public Administration at large be made available for industry perusal <ref name=psi>{{cite web|title=European legislation on reuse of public sector information|url=https://ec.europa.eu/digital-agenda/en/european-legislation-reuse-public-sector-information}}</ref> +Therefore, in order for datasets to be re-used, and thus to enhance their availability, id est, transparency, data should be treated as long as possible as "Open Data". <ref>An open data definition, modelled upon the Open Source Definition can be found at {{cite web|title=Open Definition|url=http://opendefinition.org/od/}}</ref> Open data in the public sector is such a common ground that many states have stated in full the principle that data by default should be open. <ref>See for instance US's {{cite web|title=Executive Order -- Making Open and Machine Readable the New Default for Government Information|url=http://www.whitehouse.gov/the-press-office/2013/05/09/executive-order-making-open-and-machine-readable-new-default-government-|accessdate=8 August 2014}}</ref> Among them the G8 countries have adopted a clear document favouring the use of Open Data. <ref>{{cite web|title=Open Data Charter|url=https://www.gov.uk/government/publications/open-data-charter|accessdate=8 August 2014}}</ref> <ref>A useful resource for information on open data in a governmental environment can be found at {{cite web|title=Citizens, democratic accountability and governance|url=https://okfn.org/opendata/why-open-data/citizenship-and-governance/|website=Open Knowledge|accessdate=8 August 2014}}</ref> <ref>{{cite web|title=Open Data: unleashing the potential|url=https://www.gov.uk/government/publications/open-data-white-paper-unleashing-the-potential|website=Gov.UK|accessdate=10 November 2014}}</ref> Across Europe, a drive towards open data is given also by the PSI Directive, which prescribes that certain data held and produced by the Public Administration at large be made available for industry perusal <ref name=psi>{{cite web|title=European legislation on reuse of public sector information|url=https://ec.europa.eu/digital-agenda/en/european-legislation-reuse-public-sector-information}}</ref>. The European Commission, not bound to the PSI Directive, recognising the importance that all data produced by it be available to the general public as much as possible in an open and unencumbered fashion, and possibly also in a machine-readable format <ref>{{cite web|title=Rules for the re-use of Commission information|url=https://ec.europa.eu/digital-agenda/en/news/rules-re-use-commission-information|accessdate=14 October 2014}}</ref>, has adopted a Decision on re-use of Commission documents (2011/833/EU)<ref>{{cite web|title=Rules for the re-use of Commission information|url=https://ec.europa.eu/digital-agenda/en/news/rules-re-use-commission-information|accessdate=14 October 2014}}</ref>, adopting an open by default rule (Art. 9). As for the formats, Art. 8 of said Decision provides: @@ -763,7 +763,7 @@ Here we will use the findings in the previous sections to analyse what in practi == Email system == -Despite the emergence of social networks and other public, semipublic and semiprivate communications tools, emails remain by and large an ubiquitous way of communicating, both individually (one-to-one) and on a larger scale (one-to-many, many-to-many) for example via discussion lists. +Despite the emergence of social networks and other public, semipublic and semiprivate communications tools, emails remain by and large a ubiquitous way of communicating, both individually (one-to-one) and on a larger scale (one-to-many, many-to-many) for example via discussion lists. All the Members of the European Parliament and their staff are given a personal mailbox that they can use for their institutional activities. The addresses of the MEP are public and the public uses them to reach the MEPs, e.g., for campaigning purposes. @@ -779,9 +779,9 @@ The standard server components are The client component can be a local application, installed on a computer, or a web application ‒ often referred to as "webmail" ‒ which offers retrieving, reading, composing and sending services that replicate those of the local application, without the need to locally download the message. -Some providers have developed proprietary extensions to these protocols and services, probably the most popular is the MAPI protocol that links together the client Microsoft Outlook (and other clients that implement the protocol) with Microsoft Exchange Server <ref>{{cite web|url=http://msdn.microsoft.com/en-us/library/cc307725%28EXCHG.80%29.aspx|accessdate=7 October 2014|title=Exchange Server Protocols}}</ref> , but also Google's Gmail and Apple's Mail use proprietary protocols, especially for mobile consumption of the email services. +Some providers have developed proprietary extensions to these protocols and services, probably the most popular is the MAPI protocol that links together the client Microsoft Outlook (and other clients that implement the protocol) with Microsoft Exchange Server <ref>{{cite web|url=http://msdn.microsoft.com/en-us/library/cc307725%28EXCHG.80%29.aspx|accessdate=7 October 2014|title=Exchange Server Protocols}}</ref> , but also Google's Gmail and Apple's Mail use proprietary protocols, especially for mobile consumption of the email services. -If for the outward world using those proprietary client/server protocols make very little difference, as the email will be sent and received through standard protocols (although compliance with content and transport standards can vary), it is important that their adoption does not impair the ability of clients that do not implement them to access the email without impairment. +If for the outside world, using those proprietary client/server protocols makes very little difference, as the email is sent and received through standard protocols (although compliance with content and transport standards can vary), it is important that their adoption does not impair the ability of clients that do not implement them to access the email without impairment. === A standard secure layer from client to server === @@ -797,7 +797,7 @@ On privacy concerns, it is highly recommendable that both are in use, as they cr As TLS is a publicly available standard, using it is highly recommendable.<ref>This is very basic advice, securing an email system is well beyond the scope of this work and the expertise of the authors. Many guidelines can be found online, supporting this finding and more, like http://www.cisco.com/web/about/security/intelligence/bpiron.html or https://otalliance.org/best-practices/transport-layered-security-tls-email</ref> -TLS only protects the data stream from the originating point (the client for outbound and SMTP for incoming email) to the first endpoint (the SMTP server for outbound and the client for incoming email). Once the email has left the internal system, it is bound to be transmitted in clear over the Internet. In order to secure the content from the sender to the recipient, the only way is full encryption of the message, as the message itself will be relayed through an arbitrary number of server as plain text. +TLS only protects the data stream from the originating point (the client for outbound and SMTP for incoming email) to the first endpoint (the SMTP server for outbound and the client for incoming email). Once the email has left the internal system, it is bound to be transmitted in clear over the Internet. In order to secure the content from the sender to the recipient, the only way is full encryption of the message, as the message itself will be relayed through an arbitrary number of servers as plain text. The two most used ways of (directly)<ref>Obviously an email message can have arbitrary encoded files, including encrypted ones, here we are only dealing with encrypted messages that are recognised directly by the client application without the need to open them outside, and with the ability to have a "seamless" email discussion</ref> encrypting the messages are S/MIME<ref>http://tools.ietf.org/html/rfc5751</ref> and OpenPGP<ref>http://tools.ietf.org/html/rfc4880</ref>, neither of which is an approved standard, although they are implemented directly or through third parties in many email clients, so they satisfy many of the requirements for being open standards (fully public and available standard text, independently managed, multiple independent implementations, no known IPR). Although the adoption of email encryption seems to be very limited, the case for allowing encrypted emails to flow through the servers is clear also from a transparency point of view (no pun intended). @@ -807,13 +807,13 @@ Encrypted email cannot be scanned by security systems and therefore they are lik Emails are complementary to the use of mailing lists, which are particularly useful discussion fora when discussion occurs by threading them via an email discussion. To do so certain rules in both RFC5321 (section 3.9) and RFC2369 <ref>http://www.ietf.org/rfc/rfc2369.txt</ref> should be implemented. -From a discussion in a Freedom Of Information access request <ref>Interoperability with the EP's mail systems http://www.asktheeu.org/en/request/interoperability_with_the_eps_ma </ref> it looks like any such request coming from an external mailing list is outright refused by the European Parliament's systems, on the grounds that the address is considered not genuine ("spoofed"). However, a message sent by a member of a mailing list to the mailing list and relayed by the mailing list to its subscribers (including the sender) needs to contain the from: and reply-to: address of the originating email message must not be modified, and obviously this would cause the address of the incoming email being considered not genuine (again, "spoofed") according to the criterion that all messages from an European Parliament address must come from an European Parliament SMTP server. However, this is absolutely not mandated by the standard protocols (it is indeed ''normal'' that an address comes from an SMTP in a domain different from the domain of the originating address) and impedes the users of the European Parliament system to participate in external discussion mailing lists. +From a discussion in a Freedom Of Information access request <ref>Interoperability with the EP's mail systems http://www.asktheeu.org/en/request/interoperability_with_the_eps_ma </ref> it looks like any such request coming from an external mailing list is outright refused by the European Parliament's systems, on the grounds that the address is considered not genuine ("spoofed"). However, a message sent by a member of a mailing list to the mailing list and relayed by the mailing list to its subscribers (including the sender) needs to contain the from: and reply-to: address of the originating email message must not be modified, and obviously this would cause the address of the incoming email being considered not genuine (again, "spoofed") according to the criterion that all messages from a European Parliament address must come from a European Parliament SMTP server. However, this is absolutely not mandated by the standard protocols (it is indeed ''normal'' that an address comes from an SMTP in a domain different from the domain of the originating address) and impedes the users of the European Parliament system to participate in external discussion mailing lists. This seems in stark contradiction with the principle of transparency. == Publishing and archiving documents == -Publishing information in the form of documents can be achieved through numerous ways, the most common of which is trough the World Wide Web and its HTML/XML standards. These standards are mainly meant for files being uploaded to or generated by content management services and be read via a browser by the general public. +Publishing information in the form of documents can be achieved through numerous ways, the most common of which is through the World Wide Web and its HTML/XML standards. These standards are mainly meant for files being uploaded to or generated by content management services and be read via a browser by the general public. However, people rarely work with web pages and web pages are most of the time not just documents. Individuals and working groups still use "standalone" documents that they share, edit, print, archive and make available to a larger audience, and these documents are still largely based on the same model of paper documents and are made using document applications (such as wordprocessors, spreadsheets, presentations applications). As the bulk of the documents produced by public institutions are generated, kept and electronically exchanged in their original form, or "printed" and exchanged as if they were on paper, many times it has been suggested that the use of proprietary and non standard documents tilt the table in favour of the proponents of those documents and at the same time limit the access to those document by those who do not use the applications made by the same proponents. @@ -830,7 +830,7 @@ In terms of publishing documents, the conclusion has been: <ref>{{cite web|ti == Surveillance and privacy == -Electronic communications via Internet are exposed to mass surveillance and privacy of those who use it is constantly at risk. +Electronic communications via Internet are exposed to mass surveillance and the privacy of those who use it is constantly at risk. The use of open standards goes in the direction of enabling multiple parts to interoperate and access to the source of information. Whereas recently it has been alleged that a few subjects (mainly governments and governmental agencies) may have achieved the ability to scan and retain information on virtually any electronic communications -- whether through the collection of "metadata" or actual recordings of content exchanged -- the use of open standards is a way to minimize the chances that other subjects may also achieve a similar control. @@ -952,5 +952,5 @@ mw.loader.state({"site":"ready","user":"ready","user.groups":"ready"}); mw.loader.load(["mediawiki.action.edit.collapsibleFooter","mediawiki.user","mediawiki.hidpi","mediawiki.page.ready","mediawiki.searchSuggest"],null,true); }</script> <script>if(window.mw){ -mw.config.set({"wgBackendResponseTime":279}); +mw.config.set({"wgBackendResponseTime":268}); }</script></body></html>
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