45 Amendments of Tanja FAJON related to 2017/2068(INI)
Amendment 3 #
Motion for a resolution
Citation 3
Citation 3
— having regard to Articles 1, 7, 8, 11, 21, 24,48, 49 and 52 of the Charter of Fundamental Rights of the European Union (CFR),
Amendment 12 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data,
Amendment 13 #
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data,
Amendment 21 #
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the ENISA’s Opinion Paper on Encryption - Strong Encryption Safeguards our Digital Identity of December 2016,
Amendment 39 #
Motion for a resolution
Recital B
Recital B
B. whereas the lines between cybercrime, cyber espionage, cyber warfare, cyber sabotage and cyber terrorism are becoming increasingly blurred; whereas cybercrimes can target individuals, public or private entities and cover a wide range of offences, including privacy breaches, copyright infringement, child pornography, online incitement to hatesexual abuse online, hate speech, the dissemination of fake news with malicious intent, financial crime and fraud, as well as illegal system interference;
Amendment 48 #
Motion for a resolution
Recital C
Recital C
C. whereas the 2016 IOCTA reveals that cybercrime is increasing in intensity, complexity and magnitude, that reported cybercrime exceeds traditional crime in some EU countries, that it extends to other areas of crime, such as human trafficking, that there has been a growinge misuse of encryption and anonymisation tools for illegal reasons and that ransomware attacks outnumber traditional malware threats such as Trojans;
Amendment 49 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas a recent study by the National Crime Agency in the UK found that younger persons who engage in hacking activities are less motivated by money and often attack computer networks to impress friends or to challenge a political system.
Amendment 66 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas the Max Schrems judgment of the CJEU highlights that mass surveillance is a breach of fundamental rights;
Amendment 79 #
Motion for a resolution
Recital H
Recital H
Amendment 85 #
Motion for a resolution
Recital I
Recital I
I. whereas the constantly growing interconnectedness of people, places and things makes Internet of Things (IoT) devices an ideal target for cybercriminalspresents an increased risk of cybercrime as the Internet of Things (IoT) devices are often not as well protected, sometimes even not protected at all, as traditional devices connected to the internet and as such are an ideal target for cybercriminals, especially as the regime for security updates for connected devises is often patchy and sometimes lacking completely;
Amendment 94 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. Whereas it is estimated that 36 billion dollars will be invested in wireless technology for automobiles by 2018.
Amendment 98 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the sharp increase in ransomware, botnets and the unauthorised impairment of computer systems has an impact on the availability and integrity of not only personal data, as well as on the protection of privacy and fundamental freedoms, but also the integrity of critical infrastructure including, but not limited to, energy and electricity supply and financial structures such as the stock exchange, which could have dire consequences for societal and governmental order;
Amendment 101 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the need to streamline common definitions of cybercrime, cyber warfare, cybersecurity, cyber harassment and cyber attacks to ensure a common legal definition is shared by the EU institutions and EU Member States.
Amendment 105 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the importance of the legal measures taken at European level to harmonise the definition of offences linked to attacks against information systems as well as to child sexual abuse and exploitation online and to oblige the Member States to set up a system for the recording, production and provision of statistical data on these offences;
Amendment 121 #
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 127 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the constantly changing nature of the cyber-threat landscape presents all stakeholders with serious legal and technological challenges; believes that such challenges are harder to overcome if the potential of new technologies is seen as a threat; believes that communities which engage in ICT activities should be encouraged to join in the fight against cybercrime through the encouragement of ‘white-hat hacking’.
Amendment 131 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 140 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges that technological advances in encryption allow legitimate users to better protect their data, but points out that malicious users deploy the same techniques to conceal their criminal activities and identitiesbetter protection of data and communications, but points out that there are still notable gaps in securing communications and introducing end-to-end encryption to minimise the attack surface for malicious abuse;
Amendment 149 #
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 calls on the Commission to issue a study as to the implications of cross- border cybercrime on Directive 2012/29/EU.
Amendment 162 #
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Stresses that there is a legitimate and strong need to protect communications between individuals and between individuals and public and private organisations in order to prevent cybercrime; highlights therefore that strong cryptography provides for this necessity; further stresses that limiting the use of or weakening the strength of the cryptographic tools will create vulnerabilities that can be used for criminal purposes, lower trust in electronic services, which, in turn, will damage civil society and industry alike;
Amendment 174 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes, in this regard, the investment of EU funds in research projects such as the public-private partnership (PPP) on cybersecurity, to foster European cyber-resilience and cyber-risk management through innovation and capacity building;
Amendment 185 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges the Commission and Member States to set up a high-level working group on Cyber Security Strategies for the Energy Sector in order to regularly assess the various threats posed due to the expansion of intelligent networked devices throughout the energy distribution system and the increasing number of accessible targets within the smart energy ecosystem.
Amendment 186 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Urges the Member States to set up a system of exchange of information which obliges mandatory reporting on security incidents, so that Member States are regularly informed of security incidents and measures that can be taken in order to combat and mitigate the risk to their own systems.
Amendment 187 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned by the Europol finding that the majority of successful attacks on individuals are attributable to a lack of user-awareness, as well as insufficient securitytechnical security measures;
Amendment 212 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that businesses should conduct regular vulnerability assessments, fix existidentify vulnerabilities and risks through regular assessments, protect their products and services by fixing vulnerabilities found in their products or services and consistently reporting cyber- attacks;
Amendment 228 #
Motion for a resolution
Subheading 3
Subheading 3
Enhancing responsibility and liability of the service providers
Amendment 230 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers enhanced cooperation with service providers to be a key factor in accelerating and streamlining mutual legal assistance and mutual recognition procedures, within the remits provided for by the European legal framework;
Amendment 238 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that innovation should not be hampered by unnecessary red tape for software developers and hardware producers;t is in the interests of developers of innovative software and hardware producers to invest in solutions to prevent cybercrime; in this context, encourages the private sector to implement voluntary measures, aligned with internationally recognized standards aimed at bolstering trust in the security of software and devices, such as the IoT trust label, developed on the basis of relevant EU legislation such as the NIS Directive;
Amendment 250 #
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 257 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Encourages Member States to work with Service Providers in order to ensure efficient “take downs” by the industry of illegal content, rather than blocking measures by Governments.
Amendment 260 #
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 276 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 284 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. UnderlinBelieves that issues related to illegal on-line content should be removed immediately;must be tackled in an efficient manner through takedown procedures welcomes, in this context, the progress achieved concerning the blocking and removal of illegal content online, but stresses the need for a stronger commitment on the part of platformcompetent authorities and digital service providers to respond quickly and effectively; further underlines the necessity to improve cooperation between competent authorities in exchanging the relevant information, especially between authorities of different Member States;
Amendment 304 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is concerned that a considerable number of cybercrimes remain unpunished; emphasises the need to allow lawful access to relevant information, even if it has been encrypted, if such access is imperativn the limited circumstances where such access is necessary and proportionate for reasons of security and justice;
Amendment 311 #
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 318 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that lawful hacking mustcan be a measure of last resort, which has to behighly effective measure to combat unlawful hacking, on condition that it is necessary, proportionate, and in full compliance with fundamental rights and EU data protection and case law; calls on all Member States to establish clear rules regarding the authorisation process for lawful hacking activities, including restrictions on the use and duration of lawful hacking tools, to set up an oversight mechanism, and to provide effective legal remedies for the targets of these hacking activities; and encourages Member States to engage with such communities in order to encourage those who engage in various ICT activities to take a more active role in ‘white hat’ hacking and the reporting of illegal content, such as child sexual abuse material
Amendment 322 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Encourages Europol to put together an anonymous reporting system within the Darknet, which will allow persons to report illegal content, such as depictions of child sexual abuse material, to authorities using the same technical safeguards implemented by many press organisations who use similar systems to facilitate the exchange of sensitive data to journalists in a way which allows for a greater degree of anonymity and security than is afforded by conventional e-mail.
Amendment 324 #
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Encourages Member States to ensure that Victims of individual cyber- attacks can fully benefit from all of the rights enshrined in Directive 2012/29/EU.
Amendment 326 #
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 335 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Underlines that the patchwork of separate, territorially defined national jurisdictions causes difficulties in determining the applicable law in transnational interactions and gives rise to legal uncertainty, thereby preventing cooperation across borders, which is necessary to deal efficiently with misuses online;cybercrime
Amendment 345 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Underlines that a common European approach to criminal justice in cyberspace is a matter of priority, as it will improve the enforcement of the rule of law in cyberspace and facilitate the obtaining of e-evidence in criminal proceedings;
Amendment 356 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines the importance of close cooperation between law enforcement authorities and the private sector on the issue of access to e-evidence; urges the Member States concerned to eliminate criminal law provisions prohibiting domestic service providers from respond in accordance with Regulation 2016/679, directive 2016/680 and by taking into foreign law enforcement requests;account the MLA agreements
Amendment 360 #
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 370 #
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 402 #
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Highlights the importance of the conclusions of a future EU-US Umbrella agreement and stresses that the EU cannot accept sub-standard provisions when it comes to the Privacy Shield; Urges any EU decision on improved cooperation with third countries to take into account ECJ Judgement Case C- 362/141a _________________ 1aReference: Maximillian Schrems v Data Protection Commissioner (Case C- 362/14)"