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								  <title>Radio Lockdown: Criticism of Controversial Directive Unlikely to Sway European Commission</title>

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								  Radio Lockdown: Criticism of Controversial Directive Unlikely to Sway European Commission

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								<p>Since 2014, a European Directive has the effect of

								hindering users to load software on their radio devices, devices such

								as mobile phones, laptops and routers. While the European Commission

								recently closed a feedback period, where citizens shared their

								thoughts about the impact of the Directive, the FSFE worries that such

								feedback could very well go unheeded. Learn more about the feedback

								received, and what lies ahead.</p>


								<p>In 2014, the European Parliament passed <a

								href="https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX%3A32014L0053">the

								Radio Equipment Directive (the “Directive”)</a>, which, among other

								regulations, makes vendors of certain types of radio hardware

								responsible for preventing users from installing software which may

								alter such hardware’s radio parameters to break applicable radio

								regulations. While the FSFE shares the Directive’s overall purpose to

								keep radio frequencies clean, we have been working on this issue of <a

								href="/activities/radiodirective/">Radio Lockdown</a>

								for almost 4 years now, because the Directive's approach will have

								negative implications on users’ rights and Free Software, fair

								competition, innovation, and the environment – mostly without equal

								benefits for security.</p>


								<p>Specifically, Article 3(3)(i) of the Directive requires

								manufacturers of certain types of radio devices to assess every

								software regarding its compliance with existing national radio

								regulations. The classes of devices that will be affected has yet to be

								defined. Due to this, it will likely become impossible or very

								difficult for users and companies to use alternative software on

								devices they have bought – routers, mobile phones, WiFi-cards and the

								laptops they are built in, or almost all Internet-of-Things devices in

								the future.</p>


								<blockquote><p>[R]adio equipment [shall support] certain features in

								order to ensure that software can only be loaded into the radio

								equipment where the compliance of the combination of the radio

								equipment and software has been demonstrated.<br />

								– <em>Radio Equipment Directive, Article 3(3)(i)</em></p></blockquote>


								<p>The European Commission officially opened a online feedback period,

								lasting from 28 January to 4 March 2019. Some <a

								href="https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-6621038/feedback_en?p_id=380919">276

								comments were collected</a>, the overwhelming majority of which were

								critical of the impact that Article 3(3)(i) would have. Most of the

								commenters were individual private citizens, although academic and

								research institutions, NGOs, and companies also provided feedback.</p>


								<p>We were heartened to see that the comments largely reflected the

								stance adopted by the FSFE. Many individuals shared their concerns that

								Article 3(3)(i) would have a negative effect on the usage of Free

								Software among individuals, public bodies, and companies, as it would

								compel device manufacturers to assess every software for its compliance

								with national radio regulations, thereby incentivising manufacturers to

								ensure that their products come bundled only with their own

								unmodifiable proprietary software. With Free Software being the only

								feasible method by which users of technology can break out of planned

								product obsolescence cycles, the feedback received reflected concerns

								of restrictions on the freedom of use and right to repair of radio

								devices.</p>


								<p>Many commenters also expressed their dismay at the effect of the

								Directive on competition and innovation. As a large amount of such

								developments come from the Free Software community, compliance with

								Article 3(3)(i) means a suppression of innovation and new technological

								developments. If the software present in radio equipment is locked and

								proprietary, this prevents the public at large from being able to learn

								how the software in their devices work, and from making their own

								potentially innovative and beneficial modifications.</p>


								<p>We also saw that many people were concerned about the impact Article

								3(3)(i) would have on security. As the safety of radio devices

								deteriorate upon release, security issues can be more efficiently

								addressed by Free Software improvements, than by waiting for

								manufacturers to release updates on their own, often proprietary

								software. Furthermore, old devices can become insecure when a

								manufacturer no longer releases software updates to support them. This

								caused concern that without being able to deploy their own updates

								because of the application of Article 3(3)(i), a user would have to

								choose between purchasing newer models, or living with potentially

								insecure devices.</p>


								<p>Despite the wealth of negative feedback received against Article

								3(3)(i), a recent meeting of the Commission Expert Group on

								Reconfigurable Radio Systems on 25 June 2019 attended by the FSFE

								showed that the scope of the problem is likely not appreciated by the

								European Commission. In fact, we are afraid that by the means of a <a

								href="/activities/radiodirective/#devices">delegated act</a>, a much

								broader regulation is being sought, while leading actors still do not

								comprehend the role of software in a digital world and economy, let

								alone the importance of Free Software and how its licences work.</p>


								<p>The FSFE is working hard to help regulators understand the negative

								influence their current approach will have. Our concerns regarding

								Article 3(3)(i) are shared by more than 50 organisations and

								businesses, which have signed our Joint Statement against Radio

								Lockdown, a result of our ongoing exchange and cooperation with the

								Free Software community in Europe and beyond. If your organisation

								would like to get involved and sign the Joint Statement, please <a

								href="/contact">get in touch with us</a>.</p>


								<p>The European Commission is currently expected to open another public

								consultation in the fourth quarter of 2019. You can see all the

								responses to the European Commission’s online feedback round <a

								href="https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-6621038_en">here</a>.</p>


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								 <tags>

								  <tag key="front-page"/>

								  <tag key="radiodirective">Radio Lockdown</tag>

								  <tag key="policy">Policy</tag>

								  <tag key="european-commission">European Commission</tag>

								 </tags>


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