Awaiting Parliament 1st reading / single reading / budget 1st stage
2017/2068(INI) Fight against cybercrime
Next event: Indicative plenary sitting date, 1st reading/single reading 2017/09/11
Lead committee dossier: LIBE/8/09854
Legal Basis RoP 052
Next event: Indicative plenary sitting date, 1st reading/single reading 2017/09/11
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | IMCO | VAN BOSSUYT Anneleen (ECR) | |
| Opinion | INTA | ||
| Opinion | ITRE | ||
| Lead | LIBE | VOZEMBERG-VRIONIDI Elissavet (EPP) | DALLI Miriam (S&D), PROCTER John (ECR), GRIESBECK Nathalie (ALDE), ERNST Cornelia (GUE/NGL), ALBRECHT Jan Philipp (Verts/ALE) |
Legal Basis RoP 052
Subjects
Activites
-
2017/09/11
Indicative plenary sitting date, 1st reading/single reading
- 2017/07/26 Committee report tabled for plenary, single reading
-
2017/07/11
Vote in committee, 1st reading/single reading
- #3539
-
2017/05/18
Council Meeting
-
2017/05/18
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee report tabled for plenary, single reading: A8-0272/2017
| Amendments | Dossier |
| 431 |
2017/2068(INI)
2017/06/09
LIBE
431 amendments...
Amendment 1 #
Motion for a resolution Citation 3 — having regard to Articles 1, 7, 8, 11, 21, 24, 41, 47, 48, 49, 50 and 52 of the Charter of Fundamental Rights of the European Union (CFR),
Amendment 10 #
Motion for a resolution Citation 3 g (new) - having regard to its resolution of 11 March 2015 on Fight against child sexual abuse on the internet,
Amendment 100 #
Motion for a resolution Paragraph 1 1. Stresses that the sharp increase in ransomware, botnets and the unauthorised impairment of computer systems has an impact on the security of individuals, the availability and integrity of their personal data, as well as on the protection of privacy and fundamental freedoms;
Amendment 101 #
Motion for a resolution 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 102 #
Motion for a resolution 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 103 #
Motion for a resolution Paragraph 2 2. Reiterates the importance of
Amendment 104 #
Motion for a resolution 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
Amendment 105 #
Motion for a resolution Paragraph 2 2. Reiterates the importance of the legal measures taken at European level to harmonise the definition of offences linked
Amendment 106 #
Motion for a resolution 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 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 with a view to efficient action to combat offences;
Amendment 107 #
Motion for a resolution 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 exploitation online and to
Amendment 108 #
Motion for a resolution Paragraph 2 a (new) 2a. Cautions against the use of the expression "child sexual abuse materials" as a replacement of the wording "child pornography" - the latter as defined in Recital 9 of Directive 2011/92/EU; points out that, while on the one hand the expression "child sexual abuse materials" correctly aims to underline that this material is always abusive in nature because it relates to minors, on the other hand, in legal terms and as enshrined in international instruments, the wording "child pornography" appears to have a wider scope and therefore to be more protective of children, since it not only relates to the sexual abuse of children, but also includes the production or use of images of children for primarily sexual purposes, with or without the child's knowledge;
Amendment 109 #
Motion for a resolution Paragraph 2 a (new) 2a. Calls on the Member State and EU authorities, under the guidance of ENISA and Europol's EC3, acting as a hub of information and expertise, to identify shortcomings in cooperation between the security services of the Union, highlighting those areas where duplication of effort is proving detrimental to rapid, smooth and trouble- free cooperation and to come up with joint proposals regarding the legal aspects of cybersecurity that are in need of clarification;
Amendment 11 #
Motion for a resolution Citation 3 h (new) - having regard to the 2016 Internet Organised Crime Threat Assessment (IOCTA), the annual presentation of the cybercrime threat landscape by EUROPOL’s European Cybercrime Centre (C3),
Amendment 110 #
Motion for a resolution Paragraph 2 a (new) 2a. Strongly urges those Member States that have not yet done so to transpose Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography; calls on the Commission to strictly monitor its full and effective implementation, and to report back to Parliament, and its committee responsible, on its findings in a timely manner;
Amendment 111 #
Motion for a resolution Paragraph 2 a (new) 2 a. Recalls Member States of a swift, fast and correct implementation of the Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA
Amendment 112 #
Motion for a resolution Paragraph 3 3.
Amendment 113 #
Motion for a resolution Paragraph 3 3. Deplores that half of the companies in Europe have experienced at least one cyber security incident and that cyber-attacks against businesses often remain undetected or unreported; believes that the obligation to disclose security breaches introduced by the GDPR will help to address this problem;
Amendment 114 #
Motion for a resolution Paragraph 3 3. Deplores that cyber-attacks against businesses or public institutions often remain undetected or unreported; believes that the obligation to disclose security breaches introduced by the GDPR will help to address this problem and will support businesses, particularly SMEs;
Amendment 115 #
Motion for a resolution Paragraph 3 3. Deplores that cyber-attacks against businesses often remain undetected or unreported;
Amendment 116 #
Motion for a resolution Paragraph 3 3. Deplores that cyber-attacks against businesses often remain undetected or unreported; believes that the obligation to disclose security breaches
Amendment 117 #
Motion for a resolution Paragraph 3 3. Deplores that cyber-attacks against businesses often remain undetected or
Amendment 118 #
Motion for a resolution Paragraph 3 3. Deplores that cyber-attacks against businesses often remain undetected or unreported; believes that the obligation to disclose security breaches introduced by the GDPR and the NIS Directive will help to address this problem;
Amendment 119 #
Motion for a resolution Paragraph 3 a (new) 3a. Is highly concerned with the recent global ransomware attack, which appeared to have affected tens of thousands computers in nearly 100 countries and numerous organisations, inter alia the National Health Service (NHS) in the UK, the highest-profile victim of this extensive malware hit; recognises, in this context, the important work of the No More Ransom (NMR) initiative which provides over 40 free decryption tools allowing victims of ransomware worldwide to decrypt their affected devices;
Amendment 12 #
Motion for a resolution 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 120 #
Motion for a resolution Paragraph 3 a (new) 3a. Points out that, according to various studies, cyberattacks are costing between USD 300 billion and USD 600 billion a year in losses to the global economy;
Amendment 121 #
Motion for a resolution Paragraph 4 Amendment 122 #
Motion for a resolution Paragraph 4 4. Stresses that the constantly changing nature of the cyber-threat landscape presents all stakeholders with serious
Amendment 123 #
Motion for a resolution Paragraph 4 4. Stresses that the constantly changing nature of the cyber-threat landscape presents all stakeholders with serious legal and technological challenges; points, in particular
Amendment 124 #
Motion for a resolution Paragraph 4 4. Stresses that the constantly changing nature of the cyber-threat landscape presents all stakeholders with serious legal and technological challenges; points, in particular,
Amendment 125 #
Motion for a resolution Paragraph 4 4. Stresses that the constantly changing nature of the cyber-threat landscape presents all stakeholders with serious legal and technological challenges; points, in particular,
Amendment 126 #
Motion for a resolution Paragraph 4 4. Stresses that the constantly changing nature of the cyber-threat landscape presents all stakeholders with serious legal and technological challenges; points, in particular, to the increasing misuse of
Amendment 127 #
Motion for a resolution 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 128 #
Motion for a resolution Paragraph 4 a (new) 4a. Notes that enhanced privacy applications may be misused for criminal purposes and it is therefore essential to develop appropriate methods and devices to counter this; calls for necessary investments in security to be continued so as to ensure that these applications are fit for purpose, up to date and more widely utilised;
Amendment 129 #
Motion for a resolution Paragraph 4 a (new) 4a. Underlines that the Darknet and onion-routing also provide a free space for journalists, political campaigners and human rights defenders in certain countries to avoid detection by repressive state authorities;
Amendment 13 #
Motion for a resolution 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 130 #
Motion for a resolution Paragraph 4 b (new) 4b. Points out that we are now in a rapidly changing environment in which the networks used by cybercriminals immediately seek to take advantage of new technological and non-technological loopholes to evade traditional law enforcement procedures; stresses that new challenges require innovative and flexible responses on the part of the institutions and regulatory bodies involved;
Amendment 131 #
Motion for a resolution Paragraph 5 Amendment 132 #
Motion for a resolution Paragraph 5 Amendment 133 #
Motion for a resolution Paragraph 5 5. Notes that
Amendment 134 #
Motion for a resolution Paragraph 5 5. Notes that the recourse of
Amendment 135 #
Motion for a resolution Paragraph 5 a (new) 5a. Acknowledges the increased risks posed by cybercriminals and hackers serving or protected by hostile foreign powers or extremist organisations; observes that criminals can cause disproportionate harm to key infrastructures, as well as financial losses and other damage, with a comparatively small logistical and cash outlay, in return for benefits or financial gain, depending on the resources deployed and objectives sought;
Amendment 136 #
Motion for a resolution Paragraph 5 a (new) 5a. Is concerned that the Internet will become a powerful tool for terrorists, who increasingly use it to share information, coordinate attacks, spread propaganda, raise funds and recruit; calls, for this reason, on the Member States to take the necessary measures in accordance with Directive 2017/541/EU in order to remove online terrorist content hosted or, where this is not feasible, to block access thereto within their territory;
Amendment 137 #
Motion for a resolution Paragraph 5 a (new) 5a. Strongly condemns any system interference undertaken or directed by a foreign nation or its agents to disrupt the democratic process of another country;
Amendment 138 #
Motion for a resolution Paragraph 5 b (new) 5b. Underlines that cross-border requests for domain seizures, content takedowns and access to user data pose serious challenges that require urgent action, as the stakes involved are high; stresses in this context, that international human rights frameworks, which apply online as well as offline, represent a substantive benchmark at global level;
Amendment 139 #
Motion for a resolution Paragraph 6 6.
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 140 #
Motion for a resolution Paragraph 6 6. Acknowledges that technological advances in encryption allow
Amendment 141 #
Motion for a resolution 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 identities; stresses that the system for encrypting information generated when using mobile applications should be explicitly and clearly specified to make users aware of the possibility of encryption;
Amendment 142 #
Motion for a resolution Paragraph 6 6. Acknowledges that technological advances in encryption allow legitimate users to better protect their data, but points out that malicious users, including terrorists and child sex offenders, deploy the same techniques to conceal their criminal activities and identities, causing serious challenges for investigations;
Amendment 143 #
Motion for a resolution Paragraph 6 6.
Amendment 144 #
Motion for a resolution Paragraph 6 6. Acknowledges that technological advances in encryption allow
Amendment 145 #
Motion for a resolution Paragraph 6 6. Acknowledges that technological advances in encryption allow
Amendment 146 #
Motion for a resolution Paragraph 6 6. Acknowledges that technological advances in encryption allow legitimate users to better protect their data, but points out that malicious users might deploy
Amendment 147 #
Motion for a resolution Paragraph 6 a (new) 6a. Stresses the need to ensure that law enforcement and judicial authorities have the expertise, tools, legislative and regulatory means at their disposal to disrupt the criminal business model, given that it is not always technically feasible to disclose the data or to circumvent the encryption used by cybercriminals;
Amendment 148 #
Motion for a resolution Paragraph 7 7. Calls on the Member States to step up their efforts in relation to victim identification and victim-centred services; Calls therefore for the setting up of related platforms as a matter of urgency and for the strengthening of existing databases within Europol with the aim of ensuring that all internet users are aware of the risks and know how to appeal for help in case they are illegally targeted online;
Amendment 149 #
Motion for a resolution Paragraph 7 7. Calls on the Member States to step up their efforts in relation to victim identification and victim-centred services
Amendment 15 #
Motion for a resolution Citation 12 a (new) - having regard to the ruling of the Court of Justice of the European Union of 8 April 2014 which invalidated the EU Data Retention Directive,
Amendment 150 #
Motion for a resolution 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 151 #
Motion for a resolution Paragraph 7 7. Calls on the Member States to
Amendment 152 #
Motion for a resolution Paragraph 7 a (new) 7a. Considering that children are making use of the Internet, a combination of instruments should be used to specifically counter cybercrimes against them: making available to their legal representatives a set of rules for safe Internet surfing; educational policies and formation/information of parents, educators and minors on the use of Internet; promoting a greater attention and participation of parents and educators to minors' Internet navigation; establishing so-called "cybercops"; granting to telecommunications authorities specific competences in monitoring the relationship between the Internet industry and minors; specific measures for online activities of perpetrators of paedophilia offences; creating and installing specific technical instruments of protection (e.g. filtering softwares) to be used by providers, schools and families;
Amendment 153 #
Motion for a resolution Paragraph 7 a (new) Amendment 154 #
Motion for a resolution Paragraph 7 a (new) 7a. Underlines that cybercrime severely undermines the functioning of the Digital Single Market in reducing trust in digital service providers, undermining cross-border transactions and in seriously harming the interests of consumers of digital services;
Amendment 155 #
Motion for a resolution Paragraph 7 a (new) 7a. Stresses that Cybersecurity strategies and measures can only be sound and effective if it is based on fundamental rights and freedoms as enshrined in the Charter of Fundamental Rights of the European Union and EU core values.
Amendment 156 #
Motion for a resolution Paragraph 7 a (new) 7a. Fight against child sexual abuse on the Internet
Amendment 157 #
Motion for a resolution Paragraph 7 b (new) 7b. Considers that children’s personal data online and offline must be duly protected and that children need to be informed in an easy and child-friendly way of the risks and consequences of using their personal data online;
Amendment 158 #
Motion for a resolution Paragraph 7 c (new) 7c. Calls for an action plan to protect children’s rights online and offline in cyber space, and recalls that in fighting cybercrime, law enforcement authorities need to pay special attention to crimes against children; stresses, in this connection, the need to strengthen judicial and police cooperation among the Member States, and with Europol and its European Cybercrime Centre (EC3), with a view to preventing and combating cybercrime, and in particular the online sexual exploitation of children;
Amendment 159 #
Motion for a resolution Paragraph 7 d (new) 7d. Calls on the Commission and the Member States to launch an awareness campaign, involving all relevant actors and stakeholders, to empower children and support parents, caretakers and educators in understanding and handling online risks and protecting children’s safety online, to support Member States in setting up online sexual abuse prevention programmes, to promote awareness- raising campaigns on responsible behaviour in the social media, and to encourage major search engines and social media networks to take a proactive approach to protecting child safety online;
Amendment 16 #
Motion for a resolution Citation 13 a (new) Amendment 160 #
Motion for a resolution Paragraph 7 e (new) 7 e. Stresses that illegal online content should be removed immediately on the basis of due legal process; highlights the role of information and communication technology, internet service providers and internet host providers in ensuring the fast and efficient removal of illegal online content at the request of the responsible law enforcement authority;
Amendment 161 #
Motion for a resolution Paragraph 7 f (new) 7 f. Calls on the Member States to implement Directive 2011/93/EU on combating sexual abuse and sexual exploitation of children and child pornography; calls on the law- enforcement authorities, both at national and EU-level, to invest in new technologies to fight crimes in the dark web and the deep web; stresses that Eurojust and Europol must be given appropriate resources to improve the identification of victims, to fight organised networks of sexual abusers and to accelerate the detection, analysis and referral of child abuse material on- and offline;
Amendment 162 #
Motion for a resolution 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 163 #
Motion for a resolution Paragraph 8 8. Calls on the Commission, in the context of the review of the European cybersecurity strategy, to assess the situation regarding the fight against cybercrime in the European Union and the Member States and the risks it poses, in order to achieve a better understanding of
Amendment 164 #
Motion for a resolution Paragraph 8 8. Calls on the Commission, in the context of the review of the European cybersecurity strategy, to continue identifying network and information security vulnerabilities of European critical infrastructure and incentivise the development of resilient systems, and assess the situation regarding the fight against cybercrime in the European Union and the Member States, in order to achieve a better understanding of the trends and developments in relation to offences in cyberspace;
Amendment 165 #
Motion for a resolution Paragraph 8 8. Calls on the
Amendment 166 #
Motion for a resolution Paragraph 8 a (new) 8a. Calls on the Commission not to seek the concentration of power or the conferral and exercise of competences belonging to the Member States by adducing the undeniable need for European and international cooperation in response to cybercrime; urges the national parliaments to ensure compliance with the principle of subsidiarity, under which, in areas outside its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States, but can be better achieved at Union level by reason of the scale or effects of the proposed action;
Amendment 167 #
Motion for a resolution Paragraph 8 a (new) 8a. Considers that regulation should play a greater role in managing cybersecurity risks through improved product and software standards on design and subsequent updates, as well as minimum standards on default usernames and passwords;
Amendment 168 #
Motion for a resolution Paragraph 9 9. Stresses that cyber-resilience is a key
Amendment 169 #
Motion for a resolution Paragraph 9 9. Stresses that cyber-resilience is key in preventing cybercrime and should therefore be given the highest priority; calls on Member States to adopt proactive policies and actions towards the defence of networks and critical infrastructure, calls for a comprehensive European approach on the fight against cybercrime that is compatible with fundamental rights, data protection, cybersecurity, consumer protection and e-commerce;
Amendment 17 #
Motion for a resolution Citation 15 a (new) - Having regard to the Report of the Conference on jurisdiction in cyberspace held on the 7th and 8th of March 2016 in Amsterdam,
Amendment 170 #
Motion for a resolution Paragraph 10 Amendment 171 #
Motion for a resolution Paragraph 10 Amendment 172 #
Motion for a resolution Paragraph 10 10. Welcomes, in this regard, the investment of
Amendment 173 #
Motion for a resolution 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 through innovation and capacity building; recognises particularly the efforts made by the Cybersecurity-PPP to develop appropriate responses to handling zero- day vulnerabilities;
Amendment 174 #
Motion for a resolution 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 175 #
Motion for a resolution Paragraph 10 a (new) 10a. stresses, in this regard, the importance of free and open source software; calls for more EU funds to be made available specifically for free and open source software based research into IT security;
Amendment 176 #
Motion for a resolution Paragraph 10 a (new) 10 a. Notes with concern that there is a lack of qualified IT professionals working on cybersecurity; urges Member States to invest in education;
Amendment 177 #
Motion for a resolution Paragraph 11 11. Urges the Member States to step up information exchanges on the challenges they face in the fight against cybercrime, as well as on solutions to address them; in this regard, calls on the Commission to promote effective cooperation and facilitate the exchange of information between competent authorities in view of anticipating and managing potential risks, as provided for in the NIS-Directive;
Amendment 178 #
Motion for a resolution Paragraph 11 11. Urges the Member States to step up information exchanges on the challenges they face in the fight against cybercrime, as well as on solutions to
Amendment 179 #
Motion for a resolution Paragraph 11 11. Urges the Member States to step up
Amendment 18 #
Motion for a resolution 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 180 #
Motion for a resolution Paragraph 11 11. Urges the Member States to step up information exchanges on the challenges they face in the fight against cybercrime, as well as on
Amendment 181 #
Motion for a resolution Paragraph 11 11. Urges the Member States to step up information exchanges through the relevant agencies Eurojust, Europol and ENISA on the challenges they face in the fight against cybercrime, as well as on solutions to address them;
Amendment 182 #
Motion for a resolution Paragraph 11 11. Urges the Member States to step up information exchanges and best practices sharing on the challenges they face in the fight against cybercrime, as well as on solutions to address them;
Amendment 183 #
Motion for a resolution Paragraph 11 11. Urges the Member States to step up information exchanges via Europol and Eurojust on the challenges
Amendment 184 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on all Member States to create or assign a national focal point to which businesses and consumers can report malicious e-mails and websites; considers that each focal point should maintain a database recording all types of cybercrime and including easy-to- understand examples; calls on the Commission to ensure coordination of a smooth exchange of information from the national databases, inter alia by facilitating the setting up of a rapid alert system identifying new practices and an easy-search system making it possible to identify a specific type of cybercrime before having become a victim of it;
Amendment 185 #
Motion for a resolution 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) 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 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
Amendment 188 #
Motion for a resolution Paragraph 12 12. Is concerned by the Europol finding that the majority of successful attacks are attributable to a lack of
Amendment 189 #
Motion for a resolution Paragraph 12 12.
Amendment 19 #
Motion for a resolution Citation 20 a (new) - having regard to the Europol and ENISA Joint Statement of 20 May 2016 on lawful criminal investigation that respects 21st Century data protection;
Amendment 190 #
Motion for a resolution Paragraph 13 13. Calls on the Commission and the Member States to launch awareness-raising campaigns to ensure that citizens, in particular children and other vulnerable users, and the private sector are aware of the risks posed by cybercrime, and to promote the by default use of security measures such as encryption and, in the particular case of children, age verification tools and parental control tools by default; awareness-raising campaigns should be accompanied by educational campaigns about an "informed use" of information technology instruments (for minors, for instance, in schools);
Amendment 191 #
Motion for a resolution Paragraph 13 13. Calls on the Commission and the Member States to launch awareness- raising campaigns
Amendment 192 #
13. Calls on the Commission and the Member States to launch awareness-raising campaigns to ensure that citizens, in particular children and other vulnerable users, and the private sector are aware of the risks posed by cybercrime
Amendment 193 #
Motion for a resolution Paragraph 13 13. Calls on the Commission and the Member States to launch awareness-raising campaigns, including educational programs in primary and secondary schools, to ensure that citizens, in particular children and other vulnerable users, and the private sector are aware of the risks posed by cybercrime, and to promote the use of security measures such as encryption;
Amendment 194 #
Motion for a resolution Paragraph 13 13. Calls on the Commission and the Member States to launch awareness-raising campaigns to ensure that citizens, in particular children and other vulnerable users, and the private sector are aware of the risks posed by cybercrime, and to promote the use of security measures such as encryption or other security and privacy enhancing technologies;
Amendment 195 #
Motion for a resolution Paragraph 13 13. Calls on the Commission and the Member States to launch awareness-raising campaigns to ensure that citizens, in particular children and other vulnerable users, and the private sector, especially small and medium sized enterprises, are aware of the risks posed by cybercrime, and to promote the use of security measures such as encryption;
Amendment 196 #
Motion for a resolution Paragraph 13 13. Calls on the Commission and the Member States to launch awareness-raising
Amendment 197 #
Motion for a resolution Paragraph 13 13. Calls on the Commission and the Member States to launch awareness-raising campaigns to ensure that citizens, in particular children minors and other vulnerable users, and the private sector are aware of the risks posed by cybercrime, and to promote the use of security measures such as encryption;
Amendment 198 #
Motion for a resolution Paragraph 13 13. Calls on the Commission and the Member States to launch awareness- raising and information campaigns to ensure that citizens, in particular children and other vulnerable users, and the private sector are aware of the risks posed by cybercrime, and to
Amendment 199 #
Motion for a resolution Paragraph 13 13. Calls on the Commission and the Member States to launch awareness-raising and prevention campaigns to ensure that citizens, in particular children and other vulnerable users, and the private sector are aware of the risks posed by cybercrime, and to promote the use of security measures such as encryption;
Amendment 2 #
Motion for a resolution Citation 3 — having regard to Articles 1, 7, 8, 11,
Amendment 20 #
Motion for a resolution Citation 20 b (new) — having regard to the Council conclusions of 9 June 2016 establishing the European Judicial Cybercrime Network,
Amendment 200 #
Motion for a resolution Paragraph 13 13. Calls on the Commission
Amendment 201 #
Motion for a resolution Paragraph 13 13. Calls on the
Amendment 202 #
Motion for a resolution 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 203 #
Motion for a resolution Paragraph 13 a (new) 13a. Stresses out the urgent need, in the fight against cybercrime, of more efforts on NIS education and training, by introducing training on NIS, on secure software development and personal data protection for computer science students and also NIS basic training for staff working in public administrations;
Amendment 204 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls on the Commission and the Member States to ensure that members of the public, in particular children and other vulnerable users and private sector users, have guided and unhindered access to adequate security measures such as encryption;
Amendment 205 #
Motion for a resolution Paragraph 13 a (new) Amendment 206 #
Motion for a resolution Paragraph 13 a (new) 13a. Urges the Member States to consider including in the computing education curricula of primary and secondary schools a component dedicated to cybersecurity, which would contribute to the prevention of cybercrime;
Amendment 207 #
Motion for a resolution 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 208 #
Motion for a resolution Paragraph 13 b (new) 13b. Takes the view that, in order to safeguard the security and integrity of our networks, services and personal data, the use of end-to-end encryption should be encouraged and, where necessary, be mandatory in accordance with the principle of security and privacy by design;
Amendment 209 #
Motion for a resolution Paragraph 14 14. Stresses that businesses should conduct regular vulnerability assessments
Amendment 21 #
Motion for a resolution Citation 21 a (new) - having regard to the ENISA’s Opinion Paper on Encryption - Strong Encryption Safeguards our Digital Identity of December 2016,
Amendment 210 #
Motion for a resolution Paragraph 14 14. Stresses that businesses should conduct regular vulnerability assessments, fix existing vulnerabilities in their products or services
Amendment 211 #
Motion for a resolution Paragraph 14 14. Stresses that businesses should conduct regular vulnerability assessments, fix existing vulnerabilities in their products or services and consistently report cyber- attacks; underlines that SMEs should have access to objective information and assistance in cases of (attempts of) cybercrime;
Amendment 212 #
Motion for a resolution Paragraph 14 14. Stresses that businesses should
Amendment 213 #
Motion for a resolution Paragraph 14 14. Stresses that businesses should conduct regular vulnerability assessments,
Amendment 214 #
Motion for a resolution Paragraph 14 14. Stresses that businesses should conduct regular vulnerability assessments, update data protection methods, fix existing vulnerabilities in their products or services and consistently report cyber- attacks;
Amendment 215 #
Motion for a resolution Paragraph 14 14. Stresses that businesses should
Amendment 216 #
Motion for a resolution Paragraph 14 14. Stresses that businesses should conduct regular vulnerability assessments, immediately fix existing vulnerabilities in their products or services and consistently report cyber-
Amendment 217 #
Motion for a resolution Paragraph 14 14. Stresses that businesses should
Amendment 218 #
Motion for a resolution Paragraph 14 a (new) 14a. Believes that with the innovation and growing accessibility of the IoT devices, special attention shall be given to the security of all, even very simple devices; urges the Commission and Member States to promote the security by design approach and urges the industry to include by design security solutions in all these devices;
Amendment 219 #
Motion for a resolution Paragraph 15 Amendment 22 #
Motion for a resolution Citation 23 a (new) - having regard of the work of the Joint Cyber Crime Action Taskforce (J- CAT)
Amendment 220 #
Motion for a resolution Paragraph 15 a (new) 15 a. Points out that recent incidents clearly demonstrate the acute vulnerability of the EU, and in particular the EU institutions, national governments and parliaments, major European companies, European IT infrastructures and networks, to sophisticated attacks using complex software and malware; underlines that boosting EU IT capacity and security also reduces the vulnerability of the EU towards serious cyberattacks originating from large criminal organisations or terrorist groups;
Amendment 221 #
Motion for a resolution Paragraph 15 a (new) 15 a. Stresses that the best protection against all forms of cyber threats is for private citizens, companies, organisations and governments to regularly update and properly implement appropriate cybersecurity measures; notes that this approach, as opposed to government intrusions e.g backdoors, mass data collection, hacking, protects rather than violates our rights and freedoms;
Amendment 222 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on the Commission to evaluate on a continuous basis the threat level and invest on the defence and resilience of the European Union’s Institutions critical infrastructure.
Amendment 223 #
Motion for a resolution Paragraph 15 b (new) 15b. Calls on the Commission and the Member States to take the initiative and build up, as a strategic priority measure, a strong and autonomous IT key-resource capability; stresses that in order to regain trust, such a European IT capability should be based, as much as possible, on open standards and open-source software and if possible hardware, making the whole supply chain from processor design to application layer transparent and reviewable; points out that in order to regain competitiveness in the strategic sector of IT services, a ‘digital new deal’ is needed, with joint and large-scale efforts by EU institutions, Member States, research institutions, industry and civil society; calls on the Commission and the Member States to use public procurement as leverage to support such resource capability in the EU by making EU security and privacy standards a key requirement in the public procurement of IT goods and services; urges the Commission, therefore, to review the current public procurement practices with regard to data processing in order to consider restricting tender procedures to certified companies, and possibly to EU companies, where security or other vital interests are involved;
Amendment 224 #
Motion for a resolution Paragraph 15 c (new) 15c. Strongly condemns the fact that intelligence services seek to lower IT security standards and to install backdoors in a wide range of IT systems; asks the Commission to present draft legislation to ban the use of backdoors by law enforcement agencies; recommends, consequently, the use of open-source software in all environments where IT security is a concern;
Amendment 225 #
Motion for a resolution Paragraph 15 d (new) 15d. Calls on all the Member States, the Commission, the Council and the European Council to give their fullest support, including through funding in the field of research and development, to the development of European innovative and technological capability in IT tools, companies and providers (hardware, software, services and network), including for purposes of cybersecurity and encryption and cryptographic capabilities; calls on all responsible EU institutions and Member States to invest in EU local and independent technologies, and to develop massively and increase detection capabilities;
Amendment 226 #
Motion for a resolution Paragraph 15 e (new) 15 e. Takes the view that the large-scale IT systems used in the area of freedom, security and justice, such as the Schengen Information System II, the Visa Information System, Eurodac and possible future systems, should be developed and operated in such a way as to ensure that data are not compromised as a result of requests by authorities from third countries; asks eu-LISA to report back to Parliament on the reliability of the systems in place by the end of 2018;
Amendment 227 #
Motion for a resolution Paragraph 15 f (new) 15f. Calls for the EU to take the lead in reshaping the architecture and governance of the internet in order to address the risks related to data flows and storage, striving for more data minimisation and transparency and less centralised mass storage of raw data, as well as for rerouting of Internet traffic or full end-to-end encryption of all Internet traffic so as to avoid the current risks associated with unnecessary routing of traffic through the territory of countries that do not meet basic standards on fundamental rights, data protection and privacy;
Amendment 228 #
Motion for a resolution Subheading 3 Enhancing responsibility
Amendment 229 #
Motion for a resolution Paragraph 16 Amendment 23 #
Motion for a resolution Citation 27 a (new) - having regard to Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union
Amendment 230 #
Motion for a resolution 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 231 #
Motion for a resolution Paragraph 16 16. Considers enhanced cooperation with service providers to be a key factor in accelerating and streamlining mutual legal
Amendment 232 #
Motion for a resolution Paragraph 16 16. Considers enhanced and closer cooperation with service providers to be a
Amendment 233 #
Motion for a resolution Paragraph 16 16. Considers enhanced cooperation
Amendment 234 #
Motion for a resolution Paragraph 16 a (new) 16a. Considers that EU and national authorities shall have the power to adopt interim measures to prevent the risk of serious and irreparable harm to consumers, in particular the suspension of a website, domain or a similar digital site, service or account, provided that fundamental rights of EU citizens, rules on data protection and national law are respected;
Amendment 235 #
Motion for a resolution Paragraph 16 a (new) 16a. Reiterates that with respect to the Internet of Things, producers are the key starting point for tightening up liability regimes which will lead to a better quality of products and a more secure environment in terms of external access and the documented possibility for updates;
Amendment 236 #
Motion for a resolution Paragraph 16 a (new) 16a. Welcomes initiatives such as the Code of Conduct on Countering Illegal Hate Speech Online and calls on the Commission to further strengthen cooperation with IT Companies in this area;
Amendment 237 #
Motion for a resolution Paragraph 16 b (new) 16b. Strongly believes there is no unilateral solution to fight cybercrime and stresses the importance of involving civil society, in particular technology expert groups, in all initiatives to ensure that their views and cooperation are engaged;
Amendment 238 #
Motion for a resolution Paragraph 17 17. Believes that i
Amendment 239 #
Motion for a resolution Paragraph 17 17. Believes that i
Amendment 24 #
Motion for a resolution Recital Α A. whereas cybercrime is causing increasingly significant social and economic damage affecting the fundamental rights of individuals
Amendment 240 #
Motion for a resolution Paragraph 17 17. Believes that innovation should not be hampered by unnecessary red tape for software developers and hardware producers; encourages the private sector to implement voluntary measures aimed at bolstering trust in the security of software
Amendment 241 #
Motion for a resolution Paragraph 17 17. Believes that i
Amendment 242 #
Motion for a resolution Paragraph 17 17. Believes that innovation should not be hampered by unnecessary red tape for software developers and hardware producers; encourages the private sector to implement voluntary technologically neutral measures aimed at bolstering trust in the security of software and devices, such as the IoT trust label;
Amendment 243 #
Motion for a resolution Paragraph 17 17.
Amendment 244 #
Motion for a resolution Paragraph 17 17. Believes that innovation should not be hampered by unnecessary red tape
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 246 #
Motion for a resolution Paragraph 17 a (new) 17a. In light of the serious harmful impacts Carrier Grade NAT (CGN) technologies have on society in terms of online accountability, jeopardising security and curtailing innovation, calls upon Member States to urge Internet Access Providers and network operators operating on their territory, to take the necessary measures to phase out the use of CGN technologies and to make the necessary investments to adopt the next generation of Internet Protocol addresses version 6 (IPv6) as a matter of urgency. Similarly, Internet Content Providers are requested to make all their services available to IPv6 as soon as possible. Calls upon the Commission to monitor the progress made and if necessary, put forward legislative measures to ensure a comprehensive adoption of IPv6 across the EU.
Amendment 247 #
Motion for a resolution Paragraph 18 Amendment 248 #
Motion for a resolution Paragraph 18 Amendment 249 #
Motion for a resolution Paragraph 18 Amendment 25 #
Motion for a resolution Recital A A. whereas cybercrime is causing increasingly significant
Amendment 250 #
Motion for a resolution Paragraph 18 Amendment 251 #
Motion for a resolution Paragraph 18 Amendment 252 #
Motion for a resolution Paragraph 18 18.
Amendment 253 #
Motion for a resolution Paragraph 18 18. Calls on the Commission to put forward legislative measures setting out clear definitions and minimum penalties for the dissemination of fake news and online incitement to hate, the related obligations of internet service providers and penalties in the event of non- compliance; recalls that provisions concerning incitement to violence or hatred have to be applied in line with the jurisprudence of the European Court of Human Rights concerning the right to freedom of expression and information;
Amendment 254 #
Motion for a resolution Paragraph 18 18. Calls on the Commission to put forward
Amendment 255 #
Motion for a resolution Paragraph 18 18. Calls on the Commission to
Amendment 256 #
Motion for a resolution Paragraph 18 18. Calls on the Commission to put forward legislative measures setting out clear definitions and minimum penalties for the
Amendment 257 #
Motion for a resolution 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 258 #
Motion for a resolution Paragraph 18 a (new) 18a. Encourages service providers to join the established Code of Conduct on illegal online hate speech and encourages the Commission and participating companies to continue cooperation on that issue;
Amendment 259 #
Motion for a resolution Paragraph 19 Amendment 26 #
Motion for a resolution Recital Α a (new) Aa. whereas, although technological innovation in cyberspace can be used to benefit society as a whole, it also offers opportunities for illegal and criminal practices; recalling that cybercrime is by definition more pronounced in those countries with well developed internet infrastructures and functioning online payment systems;
Amendment 260 #
Motion for a resolution Paragraph 19 Amendment 261 #
Motion for a resolution Paragraph 19 Amendment 262 #
Motion for a resolution Paragraph 19 19.
Amendment 263 #
Motion for a resolution Paragraph 19 19. Calls on the Commission to investigate
Amendment 264 #
19. Calls on the Commission to investigate the legal scope for improving the accountability of service providers and for imposing an obligation to respond to foreign EU law-enforcement requests; calls on the Commission to consider the revision of the E-commerce Directive with regard to liability limitations for Internet service providers, with particular regard to reporting child pornography detected in their infrastructure to law enforcement authorities;
Amendment 265 #
Motion for a resolution Paragraph 19 19.
Amendment 266 #
Motion for a resolution Paragraph 19 19. Calls on the Commission to
Amendment 267 #
Motion for a resolution Paragraph 19 19. Calls on the Commission to investigate the legal scope for improving the accountability of service providers
Amendment 268 #
Motion for a resolution Paragraph 19 19. Calls on the Commission to investigate the legal scope for improving the accountability of service providers
Amendment 269 #
Motion for a resolution Paragraph 19 19. Calls on the Commission to investigate the legal scope for improving the accountability of service providers
Amendment 27 #
Motion for a resolution Recital A a (new) Aa. whereas in the world of the “internet of things” computers increasingly deal not just with intangible details and databases, but also with connected physical objects such as electricity grids, fridges, cars, medical tools and aids such as pacemakers that can be vulnerable to malicious attacks;
Amendment 270 #
Motion for a resolution 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 271 #
Motion for a resolution Paragraph 19 a (new) 19a. Believes that guidance is needed from the Commission on the implementation of the intermediary liability framework in order to allow online platforms to comply with their responsibilities and the rules on liability, enhance legal certainty, and increase user confidence; calls on the Commission to develop further steps to that effect, and recalls that the e-Commerce Directive exempts intermediaries from liability for content only if they play a neutral and passive role in relation to the transmitted and/or hosted content but requires as well an expeditious reaction to remove or disable access to content when an intermediary has actual knowledge of infringement or illegal activity or information;
Amendment 272 #
Motion for a resolution Paragraph 19 a (new) 19a. Recognises that the current European and national legal frameworks can create challenges for service providers willing to comply with law enforcement authority requests ;calls on the Commission to improve the legal framework regarding this cooperation between service providers and law enforcement authorities, putting in place appropriate safeguards
Amendment 273 #
Motion for a resolution Paragraph 19 b (new) 19b. Underlines the absolute necessity to protect law enforcement databases from security incidents and unlawful access since this is a matter of concern for individuals and is concerned by the extraterritorial reach of law enforcement authorities to access data in the context of criminal investigations and underlines the need to implement strong rules in that matter.
Amendment 274 #
Motion for a resolution Paragraph 19 c (new) 19c. believes, therefore, that tackling such risks requires concerted and effective cooperation between law enforcement authorities, the private sector, governments and independent supervisory data protection authorities; insists on the necessity to guarantee adequate security for personal data, in accordance with Regulation (EU) 2016/679 and Directive (EU) 2016/680, as well as to minimise vulnerabilities through secured and decentralised database architectures;
Amendment 275 #
Motion for a resolution Paragraph 19 d (new) 19 d. Calls on the Commission to propose options for initiatives to improve the efficiency and promote the use of Mutual Legal Assistance Treaties (MLATS) in order to counter the assumption of extraterritorial jurisdiction by third countries.
Amendment 276 #
Motion for a resolution Paragraph 20 Amendment 277 #
Motion for a resolution Paragraph 20 Amendment 278 #
Motion for a resolution Paragraph 20 Amendment 279 #
Motion for a resolution Paragraph 20 20.
Amendment 28 #
Motion for a resolution Recital A a (new) Aa. Whereas building confidence and trust in the online world is crucial to the creation and success of the Digital Single Market;
Amendment 280 #
Motion for a resolution Paragraph 20 20. Calls on the Member States to
Amendment 281 #
Motion for a resolution Paragraph 20 20. Calls on the Member States to impose the same
Amendment 282 #
Motion for a resolution Paragraph 20 20. Calls on the Member States to impose the same encryption obligations on
Amendment 283 #
Motion for a resolution Paragraph 20 20. Calls on the Commission and the Member States to impose
Amendment 284 #
Motion for a resolution Paragraph 21 21.
Amendment 285 #
Motion for a resolution Paragraph 21 21. Underlines that illegal online content should be removed i
Amendment 286 #
Motion for a resolution Paragraph 21 21. Underlines that illegal online content should be re
Amendment 287 #
Motion for a resolution Paragraph 21 21. Underlines that illegal online content should be removed immediately; 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 platform service providers to respond quickly and
Amendment 288 #
Motion for a resolution Paragraph 21 21.
Amendment 289 #
Motion for a resolution Paragraph 21 21. Underlines that illegal online content should be removed immediately; highlights the role of ISPs in ensuring the fast and efficient removal of illegal online content at the request of the responsible law enforcement authority; welcomes, in this context, the progress achieved concerning the blocking and removal of illegal content online, but stresses the need for a stronger
Amendment 29 #
Motion for a resolution Recital A a (new) Aa. Whereas cybercrime is a growing problem within the EU Member States.
Amendment 290 #
Motion for a resolution Paragraph 21 21. Underlines that illegal online content should be removed immediately; welcomes, in this context, the progress achieved concerning the blocking and removal of illegal content online, in particular Code of Conduct on countering illegal online hate speech signed in 2016, but stresses the need for a stronger commitment on the part of platform service providers to respond quickly and effectively;
Amendment 291 #
Motion for a resolution Paragraph 21 21. Underlines that illegal online content should be removed immediately or if not needed for detection, investigation and prosecution as soon as possible ; welcomes, in this context, the progress achieved concerning the blocking and removal of illegal content online, but
Amendment 292 #
Motion for a resolution Paragraph 21 21. Underlines that illegal online content should be removed immediately; 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 platform service providers to respond quickly and effectively; recognizes in this regard the contribution of the EU internet forum
Amendment 293 #
Motion for a resolution Paragraph 21 21. Underlines that
Amendment 294 #
Motion for a resolution Paragraph 21 a (new) 21a. Urges the Commission and the Member States to put in place all juridical measures to fight against the phenomenon of violence against women online and cyber bullying; in particular asks to the EU and the Member States to combine forces in order to create a criminal offence framework that obliges online corporations to delete or to stop the spreading of degrading, offensive and humiliating content; it also asks to put in place psychological support for women victims of violence online and girls cyber bullied;
Amendment 295 #
Motion for a resolution Paragraph 21 a (new) 21a. Calls for the application of the ‘follow the money’ approach, as outlined by the European Parliament resolution of 9 June 2015 on ‘Towards a renewed consensus on the enforcement of Intellectual Property Rights; An EU Action Plan’, based on the regulatory framework of the E-Commerce directive and IPRED directive;
Amendment 296 #
Motion for a resolution Paragraph 21 a (new) 21a. Underlines the crucial importance of providing continued and specific training and psychological support to content moderators in private and public entities assessing objectionable or illegal content online, as they should be considered the first-responders in this field.
Amendment 297 #
Motion for a resolution 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 298 #
Motion for a resolution Paragraph 21 b (new) 21b. Highlights that, in line with Parliament’s Resolution, “Toward a Digital Single Market Act”, the limited liability of intermediaries is essential to the protection of the openness of the internet, fundamental rights, legal certainty and innovation; welcomes the Commission’s intention to provide guidance to assist online platforms to remain compliant with the e-Commerce Directive; calls on the Commission to develop further steps to that effect, recalling that platforms not playing a neutral role as defined in the e-commerce Directive cannot claim liability exemption;
Amendment 299 #
Motion for a resolution 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 3 #
Motion for a resolution 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 30 #
Motion for a resolution Recital A b (new) Ab. Whereas an effective legal framework for data protection will at the same time allow consumers and businesses to fully reap the benefits of the Digital Single Market and address cybercrime;
Amendment 300 #
Motion for a resolution 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 301 #
Motion for a resolution Paragraph 22 22. Is concerned that a considerable number of cybercrimes remain unpunished; emphasises the need to continue to allow lawful access to relevant information, even if it has been encrypted, if such access is imperative for reasons of security and justice and in so far as the existing legal pathways and procedures permit, and for the regulatory authorities to clarify the procedural manner and access framework where necessary;
Amendment 302 #
Motion for a resolution Paragraph 22 22. Is concerned that a considerable number of cybercrimes remain unpunished;
Amendment 303 #
Motion for a resolution Paragraph 22 22. Is concerned that a considerable number of cybercrimes remain unpunished due to e.g. the adoption of technologies such as CGN by the Internet industry which prevent the attribution of crime online; 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 304 #
Motion for a resolution 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, i
Amendment 305 #
Motion for a resolution Paragraph 22 22. Is concerned that a considerable number of cybercrimes remain unpunished; emphasises the need to allow law
Amendment 306 #
Motion for a resolution Paragraph 22 22. Is concerned that a considerable number of cybercrimes remain unpunished;
Amendment 307 #
Motion for a resolution Paragraph 22 22. Is concerned that a considerable number of cybercrimes remain unpunished; emphasises the need
Amendment 308 #
Motion for a resolution 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 309 #
Motion for a resolution Paragraph 23 Amendment 31 #
Motion for a resolution Recital A b (new) Ab. whereas the interconnectedness underlying the digital age represents both a huge gain in speed, efficiency and effectiveness of computers as well as a vulnerability that needs to be addressed;
Amendment 310 #
Motion for a resolution Paragraph 23 Amendment 311 #
Motion for a resolution Paragraph 23 Amendment 312 #
Motion for a resolution Paragraph 23 23. Urges the Member States
Amendment 313 #
Motion for a resolution Paragraph 23 Amendment 314 #
Motion for a resolution Paragraph 23 23. Urges the Member States to
Amendment 315 #
Motion for a resolution Paragraph 23 23. Urges the Member States to exchange best practices
Amendment 316 #
Motion for a resolution Paragraph 23 a (new) 23a. Urges Member States to fully cooperate with Eurojust in particular to determine and exchange best practices;
Amendment 317 #
Motion for a resolution Paragraph 24 24. Calls on the Member States to make a full use of lawful hacking and on the European Union to promote this instrument ; Stresses that lawful hacking must be a measure
Amendment 318 #
Motion for a resolution Paragraph 24 24. Stresses that lawful hacking
Amendment 319 #
Motion for a resolution Paragraph 24 24. Stresses that lawful hacking must be a
Amendment 32 #
Motion for a resolution Recital A c (new) Ac. whereas the vulnerabilities of computers originates both in the specific way information technology has developed over the years, the speed of online business growth, and lack of government action;
Amendment 320 #
Motion for a resolution Paragraph 24 24. Stresses that lawful
Amendment 321 #
Motion for a resolution Paragraph 24 24. Stresses that lawful hacking must be a measure of last resort, which has to be necessary, proportionate, and in full compliance with fundamental rights and
Amendment 322 #
Motion for a resolution 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 323 #
Motion for a resolution Paragraph 24 a (new) 24a. Regrets that the lack of a European data retention regime causes uncertainty about the possibilities to obtain data from private parties; calls therefore for a new legislative initiative to be set forth in order to mitigate the fragmentation of the legal framework on data retention across the Union;
Amendment 324 #
Motion for a resolution 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 325 #
Motion for a resolution Paragraph 25 Amendment 326 #
Motion for a resolution Paragraph 25 Amendment 327 #
Motion for a resolution Paragraph 25 25. Calls on the Member States to notify each other about breaches of the
Amendment 328 #
Motion for a resolution Paragraph 25 25. Calls on the Member States to notify each other through Europol about breaches of their
Amendment 329 #
Motion for a resolution Paragraph 26 Amendment 33 #
Motion for a resolution Recital A d (new) Ad. whereas there is an ever-growing black market in computerised extortion, the use of hired botnets and hacking and stolen digital goods;
Amendment 330 #
Motion for a resolution Paragraph 26 26. Stresses the need to minimise the risks posed to the privacy of internet users by leaks of exploits or tools used by law- enforcement authorities as part of their legitimate investigations; underlines in this regard that exploits and vulnerabilities should be notified to the manufacturer as soon as possible and without exception;
Amendment 331 #
Motion for a resolution Paragraph 26 26. Stresses the need to minimise the risks posed
Amendment 332 #
Motion for a resolution Paragraph 27 27. Emphasises that judicial and law enforcement authorities have to be equipped with sufficient capabilities in terms of specialised personnel and logistical digital infrastructure and funding to
Amendment 333 #
Motion for a resolution Paragraph 28 Amendment 334 #
Motion for a resolution Paragraph 28 28. Underlines that the
Amendment 335 #
Motion for a resolution 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
Amendment 336 #
Motion for a resolution 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
Amendment 337 #
Motion for a resolution Paragraph 28 a (new) 28a. Welcomes recent legislative developments to fight cyberbullying in different member States, such as in Italy, where the law focuses on aspects concerning the education of minors and foresees, among other things, the appointment of a referent in every educational institution, and that the protected subjects (minors over 14 years of age, but also parents or those who have responsibility over the minor) can ask to the provider of the website or of the social media the blacking-out, the rapid removal or blocking of personal data of the minor disseminated online; in this context, recalls the importance of the so-called "right to be forgotten", especially in the online environment;
Amendment 338 #
Motion for a resolution Paragraph 28 a (new) 28a. Stresses the need to prioritize the development of shared procedural standards on enforcement jurisdiction in cyberspace, at European and in the long term, at global level, which determine the territorial factors that provide grounds for the applicable law in cyberspace and define investigative measures which can be used regardless of geographic borders; welcomes, in this regard, the work done by the Cloud Evidence Group of the Council of Europe;
Amendment 339 #
Motion for a resolution 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 34 #
Motion for a resolution Recital A e (new) Ae. whereas companies alone cannot deal with the challenge of making the connected world more secure, and government regulation should contribute to cyber security through regulation and provision of incentives encouraging safer behaviour by users;
Amendment 340 #
Motion for a resolution Paragraph 28 a (new) 28a. Calls on the Commission to set out clear definitions of the different types of cybercrime and to examine the necessity for a legislative instrument that will set minimum rules on the definitions and minimum penalties regarding cybercrimes
Amendment 341 #
Motion for a resolution Paragraph 28 b (new) 28b. Recognizes that such a common European approach, which needs to respect fundamental rights and privacy, will build trust among stakeholders, reduce the treatment delays of cross- border requests, establish interoperability among heterogeneous actors and give the opportunity to incorporate due process requirements in operational frameworks;
Amendment 342 #
Motion for a resolution 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 343 #
Motion for a resolution Paragraph 29 Amendment 344 #
Motion for a resolution Paragraph 29 Amendment 345 #
Motion for a resolution Paragraph 29 29. Underlines that a common European approach to criminal justice in cyberspace is a matter of priority
Amendment 346 #
Motion for a resolution 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, and will contribute to the speedy conclusion of cases;
Amendment 347 #
Motion for a resolution Paragraph 29 29. Underlines that a co
Amendment 348 #
Motion for a resolution Paragraph 29 a (new) 29a. Welcomes the ongoing works of the Commission on a cooperation platform with a secure communication channel for digital exchanges of European Investigation Orders (EIOs) for e-evidence and replies between EU judicial authorities; invites the Commission in association with Member States and service providers to move forward with using aligned forms and tools in order to facilitate authentication, to ensure swift procedures and to increase transparency and accountability of the process of securing and obtaining e- evidence; stresses in this context that streamlining service providers’ policies will help reduce the heterogeneity of approaches, notably regarding procedures and conditions for granting access to the requested data;
Amendment 349 #
Motion for a resolution Paragraph 29 b (new) 29b. Calls on the Commission to put forward a European legal framework which facilitates cross-border access to e- evidence while preserving successful cooperation models between Member States where they exist; believes that such a framework should include harmonized rules to determine the status of a provider as domestic or foreign, mitigating measures such as notifications to other possibly affected countries, the obligation of service providers operating in the EU to respond to requests from foreign EU law enforcement authorities, as well as conditions and minimum safeguards for such direct access in full compliance with fundamental rights and EU data protection law; stresses that this will reinforce mutual trust and loyal cooperation between the Member States, give legal certainty to and reduce the level of complexity for stakeholders and remove conflicting obligations, which constitute a great obstacle to cooperation;
Amendment 35 #
Motion for a resolution Recital Β B. whereas
Amendment 350 #
Motion for a resolution Paragraph 30 Amendment 351 #
Motion for a resolution 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; Underlines that establishment of 24/7 Single Points of Contact within Member States will improve direct cooperation with service providers, facilitate access to e-evidence and sharing of information as well as accelerate the MLA proceedings; urges the Member States concerned to eliminate criminal law provisions prohibiting domestic service providers from responding to foreign law enforcement requests;
Amendment 352 #
Motion for a resolution 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
Amendment 353 #
Motion for a resolution Paragraph 30 30. Underlines the
Amendment 354 #
Motion for a resolution 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;
Amendment 355 #
Motion for a resolution 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;
Amendment 356 #
Motion for a resolution 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
Amendment 357 #
Motion for a resolution 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 responding to
Amendment 358 #
Motion for a resolution Paragraph 30 a (new) 30a. Stresses the need for an EU e- evidence Framework to include sufficient safeguard for the rights and freedoms of all concerned; highlights that this should include a requirement that requests for e- evidence are directed in the first instance to the controller or processor of data, in order to ensure that the data protection safeguards are respected;
Amendment 359 #
Motion for a resolution Paragraph 31 Amendment 36 #
Motion for a resolution Recital B B. whereas the lines between cybercrime, cyber espionage, cyber warfare, cyber sabotage and cyber terrorism are becoming increasingly
Amendment 360 #
Motion for a resolution Paragraph 31 Amendment 361 #
Motion for a resolution Paragraph 31 Amendment 362 #
Motion for a resolution Paragraph 31 31. Calls on the Commission to put forward a European legal framework for e- evidence, including harmonised rules to
Amendment 363 #
Motion for a resolution Paragraph 31 31. Calls on the Commission to put forward a European legal framework for e- evidence, including harmonised rules to determine the status of a provider as domestic or foreign,
Amendment 364 #
Motion for a resolution Paragraph 31 31. Calls on the Commission to
Amendment 365 #
Motion for a resolution Paragraph 31 31. Calls on the Commission to put forward a European legal framework for e- evidence, including harmonised rules to determine the status of a provider as domestic or foreign, and to impose an obligation on service providers to respond to requests from oth
Amendment 366 #
Motion for a resolution Paragraph 31 31. Calls on the Commission to put forward a European legal framework for e- evidence, including harmonised rules to determine the status of a provider as domestic or foreign, and to impose an obligation on service providers to respond
Amendment 367 #
Motion for a resolution Paragraph 31 a (new) 31a. Stresses the need for any e- evidence framework to include sufficient safeguards for the rights and freedoms of all concerned; highlights that this should include a requirement that requests for e- evidence are directed in the first instance to the controllers or owners of the data, in order to ensure that their rights – and the rights of those to whom the data relates (for example their entitlement to assert legal privilege, and seek legal redress in the case of disproportionate or otherwise unlawful access) – are respected; also highlights the need to ensure any legal framework protects providers and all other parties from requests that could create conflicts of law or otherwise impinge on the sovereignty of other States;
Amendment 368 #
Motion for a resolution 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) 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;
Amendment 37 #
Motion for a resolution 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
Amendment 370 #
Motion for a resolution Paragraph 32 Amendment 371 #
Motion for a resolution Paragraph 32 Amendment 372 #
Motion for a resolution Paragraph 32 32. Calls on the Member States to
Amendment 374 #
Motion for a resolution Paragraph 33 Amendment 375 #
Motion for a resolution Paragraph 33 Amendment 376 #
Motion for a resolution Paragraph 33 33. Recognises the
Amendment 377 #
33. Recognises the important contribution
Amendment 378 #
Motion for a resolution Paragraph 33 a (new) 33a. Recognises that one of the nine thematic areas of Europol's EMPACT Multi-Annual Strategic Plan 2013-2017 prioritises the fight against cybercrime, which is committed by organised crime groups and is a particularly lucrative activity for the members of these gangs, causes serious harm to its victims and affects critical infrastructure and information systems in the Union; calls on Europol to regularly review and update or re-adjust its strategic plan on the basis of the latest data;
Amendment 379 #
Motion for a resolution Paragraph 33 a (new) 33a. Asks for the revision of the ENISA mandate and the reinforcement of the national cybersecurity agencies; calls for a reinforcement of the ENISA mandate, staff and resources, that should also include more links with Europol and industry stakeholders.
Amendment 38 #
Motion for a resolution 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 hate, hate speech, the dissemination of fake news with malicious intent, financial crime and fraud, as well as illegal system interference;
Amendment 380 #
Motion for a resolution Paragraph 33 a (new) 33a. Calls on the Commission to present a proposal reinforcing the mandate of ENISA;
Amendment 381 #
Motion for a resolution Paragraph 34 Amendment 382 #
Motion for a resolution Paragraph 34 Amendment 383 #
Motion for a resolution Paragraph 34 34. Calls on Europol to continue to support national law enforcement authorities in setting up secure and adequate transmission channels within the limits of the agency's mandate;
Amendment 384 #
Motion for a resolution Paragraph 34 a (new) 34a. Deplores that currently no EU- standards for training and certification exist; acknowledges that future trends in cybercrime require an increasing level of expertise from practitioners; welcomes that existing initiatives such as the European Cybercrime Training and Education Group (ECTEG), the Training of Trainers (TOT) Project and the training activities under the EU Policy Cycle framework are already paving the way towards addressing the expertise gap at EU level;
Amendment 385 #
Motion for a resolution Paragraph 34 a (new) 34a. Calls for Europol to be given the necessary means to develop new high-tech capabilities in order to be able to respond effectively to the growing incidence of child abuse images in the Darknet;
Amendment 386 #
Motion for a resolution Paragraph 35 Amendment 387 #
Motion for a resolution Paragraph 35 Amendment 388 #
Motion for a resolution Paragraph 35 35. Calls on the European Union Agency for Law Enforcement Training (CEPOL) and the European Judicial Training Network to extend their offer of training courses dedicated to cybercrime- related topics to competent law enforcement bodies and
Amendment 389 #
Motion for a resolution Paragraph 35 a (new) 5a. Calls on the competent bodies of the Member States and the Union, under the guidance of staff of the European Cybercrime Centre (EC3) of Europol and Eurojust, and of the European Union Agency for Network and Information Security (ENISA), as information and expertise centres, to make costed proposals to be carried out under their own executive supervision and within the limits of the mandate given to them which, at European level, will have as their object the practical training of appropriately specialised staff of police prosecution services in key principles of identifying and handling digital evidence, in tried-and-tested and legitimate ways of harnessing the social media, in the best ways and procedures for reporting cyberattacks and in understanding practical aspects of protecting the privacy of communications and personal data on the Internet;
Amendment 39 #
Motion for a resolution 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
Amendment 390 #
Motion for a resolution Paragraph 36 Amendment 391 #
Motion for a resolution Paragraph 36 Amendment 392 #
Motion for a resolution Paragraph 36 36. Underlines that the number of cybercrime offences referred to Eurojust has increased by 30 %; Calls for sufficient funding and posts to be made available to the European Union’s Judicial Cooperation Unit (Eurojust) to allow the agency to cope with its increasing workload, as well as to develop and strengthen further its support to national cybercrime prosecutors in cross-border cases, including via the
Amendment 393 #
Motion for a resolution Paragraph 36 36. Calls for
Amendment 394 #
Motion for a resolution Paragraph 36 36. Calls for
Amendment 395 #
Motion for a resolution Paragraph 36 a (new) 36a. Underlines the necessity to renew the mandate and provide sufficient funding to ENISA to allow it to enhance its capabilities to prevent and fight cybercrime;
Amendment 396 #
Motion for a resolution Paragraph 36 b (new) 36b. Asks the Fundamental Rights Agency (FRA) to draw up a practical and detailed handbook providing guidelines regarding supervisory and scrutiny controls for Member States;
Amendment 397 #
37. Highlights the importance of
Amendment 398 #
Motion for a resolution Paragraph 37 37. Highlights the importance of close cooperation with third countries in the global fight against cybercrime, including through the exchange of best practices, joint investigations, capacity-building, and mutual legal assistance; underlines that such cooperation is detrimental in cases of countries or organisations that sponsor criminal activity on the internet;
Amendment 399 #
Motion for a resolution Paragraph 37 37. Highlights the importance of close cooperation
Amendment 4 #
Motion for a resolution Citation 3 a (new) - having regard to the UN Convention on the Rights of the Child, adopted in New York on 20 November 1989,
Amendment 40 #
Motion for a resolution 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,
Amendment 400 #
Motion for a resolution Paragraph 37 37. Highlights the importance of close cooperation by the Member States with third countries in the global fight against cybercrime, including through the exchange of best practices, joint investigations, capacity-building, and mutual legal assistance;
Amendment 401 #
Motion for a resolution Paragraph 37 a (new) 37a. Stresses its serious concerns in relation to the work within the Council of Europe's Cybercrime Convention Committee on the interpretation of Article 32 of the Convention on Cybercrime of 23 November 2001 (Budapest Convention) on transborder access to stored computer data (“cloud evidence”) and opposes any conclusion of an additional protocol or guidance intended to broaden the scope of this provision beyond the current regime established by this Convention, which is already a major exception to the principle of territoriality because it could result in unfettered remote access by law enforcement authorities to servers and computers located in other jurisdictions without recourse to mutual legal assistance (MLA) agreements and other instruments of judicial cooperation put in place to guarantee the fundamental rights of the individual, including data protection and due process, and in particular Council of Europe Convention 108;
Amendment 402 #
Motion for a resolution 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)"
Amendment 403 #
Motion for a resolution Paragraph 37 a (new) 37a. Call on the Member States to ratify and fully implement the Convention of the Council of Europe on CyberCrime ("Budapest Convention") and, in cooperation with the European Commission, to promote it in the appropriate international fora;
Amendment 404 #
Motion for a resolution Paragraph 37 a (new) 37a. Calls on the Member States to ensure sufficient capacity for handling MLA requests related to investigations in cyberspace and to develop relevant training programmes for the staff responsible for handling such requests;
Amendment 405 #
Motion for a resolution Paragraph 37 a (new) 37a. Regrets the fact that there is no binding international law on cybercrime and urges the Member States and the European Institutions to work towards the agreement of such a convention;
Amendment 406 #
Motion for a resolution Paragraph 37 b (new) 37b. Urges Member States, in the context of the negotiations of the Council of Europe’s Convention on Cybercrime, to favour the use of mutual legal assistance instruments for the exchange of information with third countries, with due regard to the principle of territoriality and Union legislation on data protection, notably Article 48 of Regulation (EU) 679/2016 (General Data Protection Regulation);
Amendment 407 #
Motion for a resolution Paragraph 38 Amendment 408 #
Motion for a resolution Paragraph 38 Amendment 409 #
Motion for a resolution Paragraph 38 38. Underlines that strategic and operational cooperation agreements between Europol and third countries
Amendment 41 #
Motion for a resolution 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
Amendment 410 #
Motion for a resolution Paragraph 38 38. Underlines that strategic and operational cooperation agreements between Europol and third countries
Amendment 411 #
Motion for a resolution Paragraph 38 38. Underlines that strategic and operational cooperation agreements between Europol and third countries facilitate both the exchange of information and practical cooperation;
Amendment 412 #
Motion for a resolution Paragraph 38 38. Underlines that strategic and operational cooperation agreements between Europol and third countries facilitate both the exchange of information and practical cooperation; invites Europol to conclude agreements with all countries listed in the annex to the Europol regulation in due course and notify the Member States thereof;
Amendment 413 #
Motion for a resolution Paragraph 39 39. Takes note of the fact that the highest number of law enforcement requests is sent to the United States and Canada; is concerned that the voluntary disclosure rate of big US service providers
Amendment 414 #
Motion for a resolution Paragraph 39 39. Takes note of the fact that the highest number of law enforcement requests is sent to the United States and Canada;
Amendment 415 #
Motion for a resolution Paragraph 39 39. Takes note of the fact that the highest number of law enforcement requests is sent to the United States and Canada;
Amendment 416 #
Motion for a resolution Paragraph 39 39. Takes note of the fact that the highest number of law enforcement requests is sent to the United States and Canada; is concerned that the voluntary disclosure rate of big US service providers in response to requests from European criminal justice authorities falls short of 60 % and will address means of improving the situation;
Amendment 417 #
Motion for a resolution Paragraph 39 39. Takes note of the fact that the highest number of law enforcement requests is sent to the United States and Canada;
Amendment 418 #
Motion for a resolution Paragraph 39 39.
Amendment 419 #
Motion for a resolution Paragraph 39 39.
Amendment 42 #
Motion for a resolution Recital B a (new) Ba. The spreading of fake news and half-truths by actors from third countries, in particular the Russian Federation, is an ever growing threat in the Member States, for example in the form of interference in the conduct of democratic elections; in this context, calls on the European Commission and the EEAS to enhance its strategic communication and, inter alia, to significantly strengthen the East StratCom Task Force, both financially and in terms of staff;
Amendment 420 #
Motion for a resolution Paragraph 39 a (new) 39a. Highlights the importance of the NATO Cyber Incidents Response Centre;
Amendment 421 #
Motion for a resolution Paragraph 40 Amendment 422 #
Motion for a resolution Paragraph 40 40. Calls on the Commission to put forward concrete measures to address impediments to the exchange of
Amendment 423 #
Motion for a resolution Paragraph 40 40. Calls on the Commission to put forward concrete measures to
Amendment 424 #
Motion for a resolution Paragraph 40 40. Calls on the Commission to put forward concrete measures to address impediments to the exchange of information between European law enforcement authorities and third countries, in particular Canada and the USA notably the quick obtaining, upon a court decision, of relevant evidence, subscriber-
Amendment 425 #
Motion for a resolution Paragraph 40 40. Calls on the
Amendment 426 #
Motion for a resolution Paragraph 40 a (new) 40a. Calls on the Commission in cooperation with Member States, the associated European bodies and where necessary third countries to consider new ways to efficiently secure and obtain e- evidence hosted in third countries, in full compliance with fundamental rights and EU data protection law, by accelerating and streamlining the use of mutual legal assistance proceedings and where applicable mutual recognition;
Amendment 427 #
Motion for a resolution Paragraph 40 b (new) 40b. Calls on all Member States to participate in the Global Forum on Cyber Expertise (GFCE) in order to facilitate the establishment of partnerships to build capacity;
Amendment 428 #
Motion for a resolution Paragraph 41 Amendment 429 #
Motion for a resolution Paragraph 41 Amendment 43 #
Motion for a resolution Recital Γ C. whereas the 2016 IOCTA reveals that, over time and with the expansion of digital applications and capabilities, cybercrime is increasing in intensity, aggressiveness, complexity and magnitude, that reported cybercrime quite possibly exceeds traditional crime in some EU countries, there being no tangible or comparable data, while the definition is very broad and encompasses economic fraud and misuse of digital technology, that it extends to and encourages other areas of crime, such
Amendment 430 #
Motion for a resolution Paragraph 41 41. Supports
Amendment 431 #
Motion for a resolution Paragraph 41 a (new) 41a. Calls on the Member States that have not yet done so to ratify and implement fully the Convention on Cybercrime of 23 November 2001;
Amendment 44 #
Motion for a resolution 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,
Amendment 45 #
Motion for a resolution 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,
Amendment 46 #
Motion for a resolution 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,
Amendment 47 #
Motion for a resolution Recital C C. whereas the 2016 IOCTA reveals that cybercrime is increasing in intensity, complexity and magnitude, that reported cybercrime may have exceed
Amendment 48 #
Motion for a resolution 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, th
Amendment 49 #
Motion for a resolution 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 5 #
Motion for a resolution Citation 3 b (new) - having regard to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, adopted in New York in 25 May 2000,
Amendment 50 #
Motion for a resolution Recital C a (new) Ca. Whereas there was an increase of 20% in the attacks on the servers of the European Commission in 2016 compared to 2015;
Amendment 51 #
Motion for a resolution Recital Δ D.
Amendment 52 #
Motion for a resolution Recital Δ D. whereas the key focus of cyber- attacks remains on sensitive personal information such as health or financial records
Amendment 53 #
Motion for a resolution Recital D D. the key focus of cyber-attacks remains on sensitive personal information such as health or financial records, but attacks on industrial control systems and networks aimed at destroying critical infrastructure, economic structures and destabilising societies are growing in number and impact; whereas the majority of international requests for data are related to fraud and financial crime, followed by violent and serious crime;
Amendment 54 #
Motion for a resolution Recital D D. the key focus of cyber-attacks remains on sensitive personal information such as health or financial records, but attacks on industrial control systems and networks aimed at destroying economic structures and destabilising societies as lately the "WannaCry" hacker attack are growing in number; whereas the majority of international requests for data are related to fraud and financial crime, followed by violent and serious crime;
Amendment 55 #
Motion for a resolution Recital D D. the key focus of cyber-attacks remains on
Amendment 56 #
Motion for a resolution Recital D a (new) Da. Whereas the World Economic Forum’s Global Risks Report 2017 lists massive incident of data fraud or theft as one of the five major global risks in terms of likelihood;
Amendment 57 #
Motion for a resolution Recital Ε E. whereas a considerable number of cybercrimes remain unprosecuted and unpunished, due in part to significant underreporting ,
Amendment 58 #
Motion for a resolution Recital E E. whereas a considerable number of cybercrimes remain unprosecuted and unpunished
Amendment 59 #
Motion for a resolution 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 6 #
Motion for a resolution Citation 3 c (new) - having regard to the Stockholm Declaration, adopted at the 1st World Congress against Commercial Sexual Exploitation of children, the Yokohama Global Commitment adopted at the 2nd World Congress against commercial Sexual Exploitation of children, the Budapest Commitment and Plan of Action, adopted at the preparatory Conference for the 2nd World Congress against Commercial Sexual Exploitation of Children,
Amendment 60 #
Motion for a resolution 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 61 #
Motion for a resolution Recital ΣΤ F. whereas the TELE2 judgment of the CJEU imposes stringent limits on police and judicial access to the data of cybercrime suspects, given that Member States are not entitled to require the general and indiscriminate storage by service providers of electronic messaging data, since this would be in breach of Articles 7, 8 and 52(1) of the Charter of Fundamental Rights of the European Union; the admissibility of data retention must be assessed in the light of the principles of necessity and proportionality, as well as the rules governing data access, protection and security and the length of time for which data may be stored;
Amendment 62 #
Motion for a resolution Recital F F. whereas the
Amendment 63 #
Motion for a resolution 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 64 #
Motion for a resolution Recital F F. whereas the TELE2 judgment of the CJEU imposes stringent limits on
Amendment 65 #
Motion for a resolution Recital F F. whereas the TELE2 judgment of the CJEU imposes stringent limits on the processing of bulk telecommunications data as well as police and judicial access to th
Amendment 66 #
Motion for a resolution Recital F a (new) Fa. Whereas the Max Schrems judgment of the CJEU highlights that mass surveillance is a breach of fundamental rights;
Amendment 67 #
Motion for a resolution Recital G G. whereas children are particularly vulnerable to online grooming
Amendment 68 #
Motion for a resolution 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 69 #
Motion for a resolution Recital Ζ G. whereas children are particularly vulnerable
Amendment 7 #
Motion for a resolution Citation 3 d (new) - having regard to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, of 25 October 2007,
Amendment 70 #
Motion for a resolution Recital G G. whereas children are particularly vulnerable to cyber bullying, online grooming and other forms of sexual exploitation online and therefore require special protection;
Amendment 71 #
Motion for a resolution Recital Ζ a (new) Ga. whereas sexual abuse and sexual exploitation of children, including child abuse images, constitute very serious violations of fundamental rights;
Amendment 72 #
Motion for a resolution Recital G a (new) Ga. Whereas through the cyberspace, online perpetrators can find and groom victims faster via chat rooms, emails, online games and social networking sites.
Amendment 73 #
Motion for a resolution Recital G b (new) Gb. Whereas according to the 2016 Internet Organised Crime Threat Assessment (IOCTA), the annual presentation of the cybercrime threat landscape by EUROPOL’s European Cybercrime Centre (C3), the use of the internet as a platform for child sex offenders to communicate, store and share child sexual exploitation material and to hunt for new victims continues to be one of the internet’s most damaging and abhorrent aspects.
Amendment 74 #
Motion for a resolution Recital Ζ b (new) Gb. whereas the Dark Net is increasingly used for the sexual exploitation and abuse of children, making it impossible to detect perpetrators;
Amendment 75 #
Motion for a resolution Recital G c (new) Gc. Whereas there are two main types of sexual coercion and extortion: for sexual purposes, and financially driven, with an economic motivation.
Amendment 76 #
Motion for a resolution Recital G d (new) Gd. Whereas peer-to-peer (P2P) networks and anonymised access like Darknet networks remain the main platforms to access child sexual exploitation materials and the principal means for non-commercial distribution.
Amendment 77 #
Ge. Whereas the growing trend of sexual coercion and extortion is still understudied and underreported, mostly due to the nature of crime, including the shame and guilt felt by the victims.
Amendment 78 #
Motion for a resolution Recital G f (new) Gf. Whereas live distant child abuse is still being reported as a growing threat. Live distant child abuse has the most obvious links with commercial distribution of child sexual exploitation materials.
Amendment 79 #
Motion for a resolution Recital H Amendment 8 #
Motion for a resolution Citation 3 e (new) - having regard to the Commission communication entitled ’European Strategy for a Better Internet for Children’ (COM(2012)0196),
Amendment 80 #
Motion for a resolution Recital Η H. whereas awareness about the risks posed by cybercrime has increased, but adequate precautionary measures backed- up by deterrents, both on the part of individual users and of business, remain absent; whereas, despite the action taken in response to this by individuals, companies or other legal persons using the net, this is does not provide sufficient protection or deterrence against the new methods being used by cybercriminals, particularly given the technical resources already available and the exponential development of technology in this field;
Amendment 81 #
Motion for a resolution Recital H H. whereas awareness about the risks posed by cybercrime has increased, but precautionary measures,
Amendment 82 #
Motion for a resolution Recital H H. whereas awareness about the risks posed by cybercrime has increased, but
Amendment 83 #
Motion for a resolution Recital H H. whereas awareness about the risks posed by cybercrime has increased, but precautionary measures, both on the part of individual users and of business, remain
Amendment 84 #
Motion for a resolution Recital Θ I. whereas the constantly growing
Amendment 85 #
Motion for a resolution Recital I I. whereas the constantly growing interconnectedness of people, places and things
Amendment 86 #
Motion for a resolution Recital I I. whereas the constantly growing interconnectedness of people, places and things
Amendment 87 #
Motion for a resolution Recital I I. whereas the constantly growing interconnectedness of people, places and things makes Internet of Things (IoT) devices an ideal target for cybercriminals; whereas hacked IoT devices that not only have sensors, but have or can control physical actuators, may represent a concrete threat to the lives of human beings;
Amendment 88 #
Motion for a resolution Recital I I. whereas the constantly growing interconnectedness of
Amendment 89 #
Motion for a resolution Recital I a (new) Ia. whereas the protection of fundamental rights is a key objective of the Union, and necessary to achieve the trust that enables the European digital single market to flourish, because it creates the confidence that data and services are safe not only from cybercrime, but also from disproportionate public authority interferences with such rights.
Amendment 9 #
Motion for a resolution Citation 3 f (new) - having regard to its resolution of 20 November 2012 on Protecting children in the digital world
Amendment 90 #
Motion for a resolution Recital I a (new) Ia. whereas the fight against cybercrime and against illegal activities online should not hinder the positive process provided by a free and open cyberspace, offering new possibilities for the sharing of knowledge and the promotion of political and social inclusion worldwide
Amendment 91 #
Motion for a resolution Recital I a (new) Ia. Whereas the fight against cybercrime is a priority under the European Agenda on Security of 28 April 2015, which includes a commitment from the Commission to review obstacles to cybercrime investigations, notably on rules on access to evidence and information;
Amendment 92 #
Motion for a resolution Recital I a (new) Ia. Whereas the fight against cybercrime must respect the same procedural and substantive guarantees and fundamental rights, namely regarding data protection and freedom of speech, as the fight against any other areas of crime.;
Amendment 93 #
Ia. whereas free and open source software facilitates research and innovation in IT security; whereas free and open source software plays a crucial role for IT security on the internet and on users' devices today;
Amendment 94 #
Motion for a resolution Recital I a (new) Ia. Whereas it is estimated that 36 billion dollars will be invested in wireless technology for automobiles by 2018.
Amendment 95 #
Motion for a resolution Subheading 1 a (new) Amendment 96 #
Motion for a resolution Paragraph –1 (new) -1. Underlines that the fight against cybercrime should be first and foremost about safeguarding and hardening critical infrastructures and other networked devices, and not only about elaborating repressive actions;
Amendment 97 #
Motion for a resolution Paragraph 1 1. Stresses that the sharp increase in ransomware
Amendment 98 #
Motion for a resolution 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 99 #
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 personal data, as well as on the protection of privacy and fundamental freedoms, as exemplified by the May 2017 WannaCry randsomware attack which affected more than 300,000 machines across 150 countries;
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