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@@ -1,7 +1,10 @@ <table align="center" border="1"><tr><td> <table align="center" bgcolor="#f9cc77"> <tr> -<td>Work in progress on 2nd edition</td> +<td align="center">[http://eut.biks.dk/ Work in progress on 2nd edition.]</td> +</tr> +<tr> +<td align="center">([http://source.epfsug.biks.dk/?p=eut.git;a=blob;f=EDITING editing guide] and [http://source.epfsug.biks.dk/?p=eut.git;a=blob;f=TODO todo-list])</td> </tr> </table> </td></tr></table> @@ -15,11 +18,11 @@ The study has been open for public review on euwiki.org from 15 October till 15 The cover illustration has been created by Siri Reiter<ref name="Siri Reiter">'''Siri Reiter''' is a [http://sirireiter.dk/ graphic designer, illustrator and artist]. She graduated at [https://www.designskolenkolding.dk/en Kolding School of Design] and works primarily from Orø, Denmark.</ref> based on a photograph provided by the European Parliament's Audiovisual Services for Media. Transformation, layout and visual design for the 2nd edition of the study has been created by Jonas Smedegaard<ref>'''Jonas Smedegaard''' is an official Debian developer since 2001.</ref>. -= Copyright and further information= += Copyright and further information = The work of the authors is licensed under the [https://creativecommons.org/licenses/by-sa/4.0/ Creative Commons Attribution-ShareAlike 4.0 International License]. -The cover illustration is licensed under [https://creativecommons.org/licenses/by-sa/4.0/ Creative Commons Attribution-ShareAlike 4.0 International License]. The [http://audiovisual.europarl.europa.eu/Assetdetail.aspx?id=3a50e246-d3c4-4ae8-9068-ce3249307d15 original photo] used for the illustration is hosted by the European Parliament's Audiovisual Services for Media which also holds the copyright. +The cover illustration is licensed under [https://creativecommons.org/licenses/by-sa/4.0/ Creative Commons Attribution-ShareAlike 4.0 International License]. The [http://audiovisual.europarl.europa.eu/AssetDetail.aspx?id=52c6e976-dd19-4a10-a8f0-afebae7fddd8 original photo] used for the illustration is hosted by the European Parliament's Audiovisual Services for Media which also holds the copyright. Transformation, layout and visual design are licensed under [LICENCE]. The [http://source.epfsug.biks.dk/?p=eut.git source code] for the transformation is available on-line. @@ -38,9 +41,11 @@ In order to elucidate the relevant requirements, the authors provide excellent o Crucially, the authors have managed to draw on all these sources to indicate clearly what should be done in practical, technical terms by the officials managing the information and IT systems relating to the work of the European Parliament to truly and fully achieve the legal requirement of "utmost transparency". This report will become a major point of reference for the debates on those steps. It is to be greatly commended for having taken the issue seriously (rather than just rely on all-too-easy slogans or political rallying cries). It cannot be dismissed by those with the power to take action. Rather, it should lead to Parliament clearly instructing its civil servants to take the steps needed to achieve the "utmost transparency" required of the institution. The recommendations should be fully implemented: that will enhance democracy, accountability and public participation, and trust in the Union at a time of doubt and insecurity. -'' Professor Douwe Korff, London 15 November 2014'' +Professor Douwe Korff -= Scope and method of analysis= +London 15 November 2014 + += Scope and method of analysis = This study arises from a proposal by the Greens/EFA, backed by two Plenary decisions, that the European Parliament investigates its own transparency obligations under its Rules of Procedure with regard to Free Software and Open Standards.<ref>Quoting from the public mail archive of the Greens/EFA Internet Core Group: "The Greens/EFA group in the European Parliament has commissioned a study into the implications of Rule 103 of the European Parliament's Rules of Procedure for the Parliament's decisions, policies, procedures, etc., with regard to Free Software and Open Standards [...] The study will assess whether, and if so how and to what extent, Rule 103 can inform the EP's ICT decisions, policies, procedures, etc. (including procurement decisions) with regard to Free Software and Open Standards.", available at http://icg.greens-efa.eu/pipermail/hub/2014-May/000130.html</ref> @@ -84,7 +89,7 @@ As a preliminary conclusion, Rule 115 does not in itself confer any rights on Eu In the light of the Court's judgment in European Parliament v. Council, that rule is an expression of the democratic principles on which the European Union is founded. In particular, the Court has already stated that the Parliament's involvement in the decision-making process is the reflection, at the EU level, of the fundamental democratic principle that the people should participate in the exercise of power through the intermediary of a representative assembly.<ref>Judgment European Parliament v. Council EU:C:2014:2025, paragraph 80-81</ref> Not only has Parliament imposed upon itself that it shall ensure that its activities are conducted with the utmost transparency, but its actions shall also conform with the Principle of Openness enshrined in the Treaties and in the Charter, and the Right of Access to Information in Art. 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. -== The Principle of Openness and the Right of Access to Information: A Basis for Imposing Free Software and Open Standards ? == +== The Principle of Openness and the Right of Access to Information: A Basis for Imposing Free Software and Open Standards? == The first real step towards allowing the public a right of access to documents held by the Community institutions dates back to 7 February 1992 when the Member States signed the Final Act to the Maastricht Treaty.<ref>Broberg, M., Access to documents: a general principle of Community law?, European Law Review (2002), pp. 196, 197</ref>. In Declaration No. 17 to that Act, the Member States pointed to the close connection between the transparency of the decision-making process and the democratic nature of the Community institutions. Nowadays, the principle of openness in European Union law has solid roots, as the very text of the Rule 115 makes clear, in the fundamental Treaties of the European Union. @@ -214,17 +219,20 @@ Yet it is by no means desirable, nor would it appear consistent with the overall Rule 115 states that "Parliament shall ensure that its activities are conducted with the utmost transparency", which on a textual interpretation goes beyond the more relative principle of openness enshrined in Article 1 TEU, whereby "decisions are taken as openly as possible". Indeed, it strikes that Rule 115 uses the word '''''utmost''''', which is a far stronger word than "as openly as possible" used for other institutions: <blockquote> -''ut·most'' - -adj. - -1. Being or situated at the most distant limit or point; farthest: the utmost tip of the peninsula. - -2. Of the highest or greatest degree, amount, or intensity; most extreme: a matter of the utmost importance. - -n. - -The greatest possible amount, degree, or extent; the maximum: worked every day to the utmost of her abilities.<ref>American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. As reported by The Free Dictionary, available at http://www.tfd.com/utmost</ref> +''ut·most'' +<ul> +<li>adj. + <ol> + <li>Being or situated at the most distant limit or point; farthest: the utmost tip of the peninsula.</li> + <li>Of the highest or greatest degree, amount, or intensity; most extreme: a matter of the utmost importance.</li> + </ol> +</li> +<li>n. + <ol> + <li>The greatest possible amount, degree, or extent; the maximum: worked every day to the utmost of her abilities.<ref>American Heritage®Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. As reported by The Free Dictionary, available at http://www.tfd.com/utmost</ref> </li> + </ol> +</li> +</ul> </blockquote> Therefore it is clear that there is no effort to spare in order to bring the "utmost" openness or transparency, in other words, openness to the most extreme consequences. Parliament has in this respect imposed upon itself a far higher standard to meet in order to ensure openness than any other institution. @@ -447,7 +455,7 @@ Whether it is advisable or not to adopt a firm stance on Royalty Free standard c One clear Royalty Free stance with really far reaching requirements case is the one adopted by the UK Government: <blockquote> -Open standard -- definition<ref>{{cite web|last1=UK Cabinet|title=Open Standards principles|url=https://www.gov.uk/government/publications/open-standards-principles/open-standards-principles#open-standard---definition|accessdate=11 November 2014|ref=UK-open}}</ref> +Open standard -- definition<ref>{{cite web|last1=UK Cabinet|title=Open Standards principles|url=https://www.gov.uk/government/publications/open-standards-principles/open-standards-principles#open-standard -- definition|accessdate=11 November 2014|ref=UK-open}}</ref> Open standards for software interoperability, data and document formats, which exhibit all of the following criteria, are considered consistent with this policy: @@ -648,7 +656,7 @@ Meanwhile, the email system is threatened by all sort of attacks, because of its The email system, which is basically made of two server components (one for sending the outbound emails, one for receiving, storing and forwarding to the recipient) and one client component. The standard server components are: * the Simple Mail Transfer Protocol (SMTP)<ref>http://tools.ietf.org/html/rfc5321</ref> for relaying and sending the messages out; * and the Internet Message Access Protocol (IMAP)<ref>http://tools.ietf.org/html/rfc3501</ref> and the Post Office Protocol (POP)<ref>http://tools.ietf.org/html/rfc1939</ref> for accepting, storing and making available the inbound message. -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. +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. |