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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 |
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hindering users to load software on their radio devices, devices such |
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as mobile phones, laptops and routers. While the European Commission |
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recently closed a feedback period, where citizens shared their |
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thoughts about the impact of the Directive, the FSFE worries that such |
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feedback could very well go unheeded. Learn more about the feedback |
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received, and what lies ahead.</p> |
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<p>In 2014, the European Parliament passed <a |
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href="https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX%3A32014L0053">the |
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Radio Equipment Directive (the “Directive”)</a>, which, among other |
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regulations, makes vendors of certain types of radio hardware |
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responsible for preventing users from installing software which may |
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alter such hardware’s radio parameters to break applicable radio |
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regulations. While the FSFE shares the Directive’s overall purpose to |
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keep radio frequencies clean, we have been working on this issue of <a |
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href="/activities/radiodirective/">Radio Lockdown</a> |
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for almost 4 years now, because the Directive's approach will have |
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negative implications on users’ rights and Free Software, fair |
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competition, innovation, and the environment – mostly without equal |
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benefits for security.</p> |
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<p>Specifically, Article 3(3)(i) of the Directive requires |
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manufacturers of certain types of radio devices to assess every |
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software regarding its compliance with existing national radio |
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regulations. The classes of devices that will be affected has yet to be |
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defined. Due to this, it will likely become impossible or very |
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difficult for users and companies to use alternative software on |
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devices they have bought – routers, mobile phones, WiFi-cards and the |
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laptops they are built in, or almost all Internet-of-Things devices in |
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the future.</p> |
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<blockquote><p>[R]adio equipment [shall support] certain features in |
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order to ensure that software can only be loaded into the radio |
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equipment where the compliance of the combination of the radio |
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equipment and software has been demonstrated.<br /> |
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– <em>Radio Equipment Directive, Article 3(3)(i)</em></p></blockquote> |
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<p>The European Commission officially opened a online feedback period, |
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lasting from 28 January to 4 March 2019. Some <a |
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href="https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-6621038/feedback_en?p_id=380919">276 |
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comments were collected</a>, the overwhelming majority of which were |
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critical of the impact that Article 3(3)(i) would have. Most of the |
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commenters were individual private citizens, although academic and |
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research institutions, NGOs, and companies also provided feedback.</p> |
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<p>We were heartened to see that the comments largely reflected the |
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stance adopted by the FSFE. Many individuals shared their concerns that |
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Article 3(3)(i) would have a negative effect on the usage of Free |
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Software among individuals, public bodies, and companies, as it would |
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compel device manufacturers to assess every software for its compliance |
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with national radio regulations, thereby incentivising manufacturers to |
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ensure that their products come bundled only with their own |
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unmodifiable proprietary software. With Free Software being the only |
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feasible method by which users of technology can break out of planned |
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product obsolescence cycles, the feedback received reflected concerns |
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of restrictions on the freedom of use and right to repair of radio |
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devices.</p> |
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<p>Many commenters also expressed their dismay at the effect of the |
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Directive on competition and innovation. As a large amount of such |
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developments come from the Free Software community, compliance with |
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Article 3(3)(i) means a suppression of innovation and new technological |
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developments. If the software present in radio equipment is locked and |
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proprietary, this prevents the public at large from being able to learn |
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how the software in their devices work, and from making their own |
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potentially innovative and beneficial modifications.</p> |
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<p>We also saw that many people were concerned about the impact Article |
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3(3)(i) would have on security. As the safety of radio devices |
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deteriorate upon release, security issues can be more efficiently |
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addressed by Free Software improvements, than by waiting for |
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manufacturers to release updates on their own, often proprietary |
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software. Furthermore, old devices can become insecure when a |
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manufacturer no longer releases software updates to support them. This |
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caused concern that without being able to deploy their own updates |
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because of the application of Article 3(3)(i), a user would have to |
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choose between purchasing newer models, or living with potentially |
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insecure devices.</p> |
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<p>Despite the wealth of negative feedback received against Article |
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3(3)(i), a recent meeting of the Commission Expert Group on |
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Reconfigurable Radio Systems on 25 June 2019 attended by the FSFE |
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showed that the scope of the problem is likely not appreciated by the |
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European Commission. In fact, we are afraid that by the means of a <a |
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href="/activities/radiodirective/#devices">delegated act</a>, a much |
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broader regulation is being sought, while leading actors still do not |
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comprehend the role of software in a digital world and economy, let |
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alone the importance of Free Software and how its licences work.</p> |
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<p>The FSFE is working hard to help regulators understand the negative |
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influence their current approach will have. Our concerns regarding |
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Article 3(3)(i) are shared by more than 50 organisations and |
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businesses, which have signed our Joint Statement against Radio |
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Lockdown, a result of our ongoing exchange and cooperation with the |
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Free Software community in Europe and beyond. If your organisation |
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would like to get involved and sign the Joint Statement, please <a |
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href="/contact">get in touch with us</a>.</p> |
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<p>The European Commission is currently expected to open another public |
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consultation in the fourth quarter of 2019. You can see all the |
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responses to the European Commission’s online feedback round <a |
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href="https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-6621038_en">here</a>.</p> |
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<tags> |
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<tag key="front-page"/> |
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<tag key="radiodirective">Radio Lockdown</tag> |
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<tag key="policy">Policy</tag> |
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<tag key="european-commission">European Commission</tag> |
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</tags> |
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