23 Amendments of Louis MICHEL related to 2017/2068(INI)
Amendment 14 #
— having regard to the Budapest Convention on Cybercrime of 23 November 20012 and the Additional Protocol thereto, _________________ 2 Council of Europe, European treaty Series, No 185, 23.11.2001.
Amendment 18 #
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
— having regard to the European Strategy for a Better Internet for Children (COM(2012) 196) and the Commission report of 6 June 2016 entitled 'Final evaluation of the multi-annual EU programme on protecting children using the Internet and other communication technologies (Safer Internet)' (COM(2016) 364),
Amendment 20 #
Motion for a resolution
Citation 20 b (new)
Citation 20 b (new)
— having regard to the Council conclusions of 9 June 2016 establishing the European Judicial Cybercrime Network,
Amendment 59 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, given the cross-border nature of cybercrime, cooperation between Member States and, in particular, between their police and judicial authorities is essential for conducting effective investigations in cyberspace and obtaining electronic evidence;
Amendment 60 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas there is a need to enhance existing exchange between judicial authorities and experts in the field of cybercrime and investigations in cyberspace expressed most recently by practitioners in the context of the Illegal Trade on Online Marketplaces (ITOM) Project, as highlighted in the Council conclusions of 9 June 2016;
Amendment 63 #
Motion for a resolution
Recital F
Recital F
F. whereas the TELE2 judgment of the CJEU, while confirming that data retention is an essential tool in the fight against serious crime and terrorism, imposes stringent limits on police and judicial access to the data of cybercrime suspects;
Amendment 68 #
Motion for a resolution
Recital G
Recital G
G. whereas children are using the internet at an increasingly early age and are particularly vulnerable to online grooming and other forms of sexual exploitation online, misuse of personal data, hate messages, online harassment and other forms of abuse and therefore require special protection;
Amendment 102 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the fight against cybercrime is a priority under the European Agenda on Security of 28 April 2015;
Amendment 150 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to step up their efforts in relation to victim identification and victim-centred services and to continue to support Europol's Victim Identification Task Force;
Amendment 183 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Member States to step up information exchanges via Europol and Eurojust on the challenges they face in the fight against cybercrime, as well as on solutions to address them;
Amendment 202 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Insists on the need for action in the area of online content and conduct harmful to children in order to protect them from the risks inherent in cyberspace; calls for efforts to be pursued in the context of the European strategy for a Better Internet for Kids (BIK strategy 2012);
Amendment 207 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Insists on the need for Member States which have not yet done so to criminalise not only online grooming but also cyberstalking and luring children online, i.e. where adults communicate online with a minor or a person they believe to be a minor for the purpose of subsequently committing a crime against that person, whether or not such contacts lead to a proposal to meet; in this connection, calls on the Commission to bring forward a legislative proposal to criminalise cyberstalking;
Amendment 245 #
17a. Expresses concern at the use by internet service providers of carrier-grade network address translation technologies (NAT CGN) which make it possible for several users to share a single IP address at the same time, jeopardising online security and liability; calls on the Member States to encourage internet service providers and network operators to take the steps needed to limit the number of users per IP address, phase out the use of CGN technologies and make the investment required to introduce as a matter of urgency the next generation of internet protocol addresses (version 6 - IPv6); calls on the Commission to monitor the progress made in this area and, if necessary, propose legislative measures;
Amendment 270 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to work together with the Member States and the third countries concerned and with the private sector to draw up a common framework for cooperation with service providers in connection with requests to obtain specific categories of data, in particular subscriber data, where this is authorised by the laws of a third country or where another comparable solution is available which makes for the prompt, lawful disclosure of the data in question; this framework should seek to prevent inconsistent interpretations and conflicts between existing sets of rules and tackle the question of the non-disclosure of data requests; it should also lay down common necessity and proportionality criteria for requests made to service providers, so that lawful access to this data can be obtained;
Amendment 297 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on service providers to make provision for clear types of referral and set up a properly defined back office infrastructure which makes it possible to act quickly and appropriately on referrals;
Amendment 299 #
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Calls on service providers to step up their efforts to raise awareness of the risks inherent in going online, in particular for children, by developing interactive tools and information materials;
Amendment 300 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is concerned that a considerable number of cybercrimes remain unpunished; deplores the fact that the use by internet servive providers of technologies such as NAT CGN seriously hampers investigations by making it technically impossible to identify who exactly is using an IP address and thus who is responsible for online crimes; emphasises the need to allow lawful access to relevant information, even if it has been encrypted, if such access is imperative for reasons of security and justice;
Amendment 308 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Member States to step up and improve their cooperation in the fight against cybercrime, and emphasises the need to optimise the use of existing 24/7 contact points and make more frequent use of joint investigation teams, in order to facilitate information sharing and speed up mutual legal assistance procedures;
Amendment 339 #
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Emphasises the need to develop the practical basis for a common EU approach to the issue of jurisdiction in cyberspace, as pointed out at the informal meeting of justice and home affairs ministers held on 26 January 2016;
Amendment 342 #
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Calls on those Member States which have not yet done so to ratify and apply in full the Convention on Cybercrime of 23 November 2001 and its additional protocols;
Amendment 352 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines the need to find ways of seizing and obtaining e-evidence more quickly and the importance of close cooperation between law enforcement authorities and the private sec, third countries and service providers active on European territory on the issue of access to e-evidence; urges the Member States concerned to eliminate criminal law provisions prohibiting domestic service providers from responding to foreign law enforcement requests;
Amendment 368 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Commission to work closely with the Member States, Eurojust and third countries to consider and draw up recommendations on ways of adapting, if necessary, the existing standardised forms and procedures used in making requests to seize and obtain e-evidence;
Amendment 369 #
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Calls on the Commission to develop a secure online portal for electronic requests and replies concerning e-evidence and the corresponding procedures and guidelines and training modules on the effective use of the existing frameworks used when seizing and obtaining e-evidence, including guidelines to clarify when, under the existing rules, the use of mutual legal assistance or mutual recognition instruments is not necessary;