268 行
13 KiB
HTML
268 行
13 KiB
HTML
<?xml version="1.0" encoding="UTF-8" ?>
|
||
|
||
<html>
|
||
<head>
|
||
<title>EU Radio Lockdown Directive - FSFE</title>
|
||
<meta name="description" content="The EU Radio Lockdown Directive threatens Free Software, user rights, innovation, security, and fair competition. We can change that - join us!" />
|
||
<meta name="keywords" content="radio equipment directive, RED, 2014 53 EU, radio lockdown directive, european parliament, european commission, regulation, law, lobby, policy, threat, freifunk, routers, signal" />
|
||
</head>
|
||
<body id="radiodirective" class="article" microformats="h-entry">
|
||
|
||
<!-- Breadcumb -->
|
||
<p id="category"><a href="/work.html">Our work</a></p>
|
||
<!-- / Breadcumb -->
|
||
|
||
<h1 class="p-name">EU Radio Lockdown Directive</h1>
|
||
|
||
<div class="e-content">
|
||
|
||
<div id="introduction">
|
||
|
||
<div class="right" style="max-width: 506px; width: 30%;">
|
||
<img src="img/radiolockdown-cage.jpg" alt="a bird cage with a router and a mobile phone imprisoned, both sending radio waves" />
|
||
</div>
|
||
|
||
<p>Radio signals are everywhere and increasingly many devices connect using
|
||
wireless and mobile networks or GPS. Legal regulations of the usage of radio
|
||
signals are increasing, too. Now, a European directive wants to revise and
|
||
extend them by demanding device manufacturers to check each device software's
|
||
compliance. At first sight, this may sound reasonable but it has highly
|
||
negative implications on <a href="#freesoftware">user rights and Free
|
||
Software</a>, fair <a href="#competition">competition</a>, <a
|
||
href="#society">innovation, environment, and volunteering</a> – mostly without
|
||
comparably large benefits for <a href="#security">security</a>
|
||
unfortunately.</p>
|
||
|
||
<p>Many organisations and companies signed our <a
|
||
href="/activities/radiodirective/statement.html">Joint Statement against Radio
|
||
Lockdown Directive</a> in which we have formulated <a href="#proposals">several
|
||
proposals</a> to EU institutions and EU member states with concrete steps to
|
||
solve these issues.</p>
|
||
|
||
</div>
|
||
|
||
<h2>Briefly about the directive</h2>
|
||
|
||
<p>In May 2014 the European Parliament and the European Council passed the
|
||
Radio Equipment Directive <a
|
||
href="http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX%3A32014L0053">2014/53/EU</a>.
|
||
Its main purposes are harmonisation of existing regulations, improving security
|
||
of radio spectra, and protection of health and safety. All EU members states
|
||
have to implement the directive in national law until 12.06.2016 with a
|
||
transition period of one year. The countries usually have some room for
|
||
interpretation in the implementation process. The directive itself is not bad,
|
||
and we support its aim at large. However, when it comes to the details of the
|
||
software compliance assessment it seems that the lawmakers disproportionally
|
||
disadvantaged users' rights and fair competition.</p>
|
||
|
||
<p>In fact, almost all devices which can send and receive radio signals (WiFi,
|
||
mobile network, GPS...) are affected. The crunch point is in Article 3.3(i):
|
||
radio equipment shall support "<em>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</em>". This implies that device manufacturers have to check every
|
||
software which can be loaded on the device regarding its compliance with
|
||
applicable radio regulations (e.g. signal frequency and strength). Until now,
|
||
the responsibility for the compliance rested on the users if they modified
|
||
something, no matter if hardware- or software-wise.</p>
|
||
|
||
<h2 id="freesoftware">Dangers for Free Software</h2>
|
||
|
||
<p>The radio equipment directive 2014/53/EU will have a negative effect on
|
||
users and companies. Because device manufacturers will have to assess every
|
||
software regarding its compliance with existing national radio regulations
|
||
(Art. 3.3(i)), we expect it to become impossible or very hard for users and
|
||
companies to use alternative software on devices they bought – routers, mobile
|
||
phones, WiFi-cards and the laptops they are built in, or almost all
|
||
Internet-of-Things devices in the future.</p>
|
||
|
||
<p>This not only is a severe burden for those affected but also violating the
|
||
customers' rights of free choice. They will be locked in to software of the
|
||
manufacturers because they cannot choose the software and hardware
|
||
independently anymore. This aspect is crucial because alternative, especially
|
||
<a href="/about/basics/freesoftware.html">Free Software</a>, often satisfies
|
||
special requirements regarding security, technical features and standards, or
|
||
legal demands.</p>
|
||
|
||
<p>The status quo erects high barriers for customers to control their soft- and
|
||
hardware. Increasingly many devices use radio signals, among them very
|
||
sensitive ones like mobile phones, personal computers, household equipment, or
|
||
the internet access gateways in homes and companies. For the sake of security
|
||
and fair competition we have to make sure that people can always choose the
|
||
software they want to run on their devices without additional constraints, as
|
||
long as the software does respect current laws (see the <a
|
||
href="#security">chapter about security</a>).</p>
|
||
|
||
<p>We see negative outcomes of this directive already. Several manufacturers
|
||
have installed modules on their devices checking which software is loaded. This
|
||
is done by built-in non-free and non-removable modules disrespecting users'
|
||
rights and demands to use technology which they can control. For the future we
|
||
are afraid of modules not only checking software but for example also the exact
|
||
location or behaviour of the owners. In the end that would make it harder or
|
||
impossible to exchange software which works against one's interests, like
|
||
spying on the respective user or business.</p>
|
||
|
||
<h2 id="competition">Dangers for competition</h2>
|
||
|
||
<p>There are many companies dependent on the usage of alternative and Free
|
||
Software firmware on devices. Among them are wireless network providers,
|
||
creators of more secure mobile operating systems, or programmers of
|
||
custom-tailored and more efficient software solutions for existing hardware.
|
||
All of them might be hindered and economically discriminated against by larger
|
||
manufacturers with their infuse software. Alternative software is the
|
||
foundation of many companies' products, and we should prevent economic
|
||
disadvantages for them.</p>
|
||
|
||
<p>Especially for smaller and medium-sized businesses we expect negative
|
||
outcomes. First because of the dangers if their software is not or heavily
|
||
delayed being assessed by manufacturers. Second due to the expectable high
|
||
costs for those manufacturing enterprises having to assess each and every
|
||
firmware thoroughly (see recital 29). This will also have an additional
|
||
negative impact on start-up businesses.</p>
|
||
|
||
<p>Concerning legal affairs we assume difficulties with existing license
|
||
conditions, for example with the GNU General Public License. It requires all
|
||
parts of the software to be under the same or a compatible license.
|
||
Manufacturers having to include proprietary non-compatible software parts then
|
||
might infringe the terms of the GNU GPL. This could force manufacturers not
|
||
willing or able to include proprietary software parts to rewrite these huge
|
||
parts from scratch which is impossible for many businesses and would hinder
|
||
progress as it heavily slows down development.</p>
|
||
|
||
<h2 id="society">Innovation, Volunteering, Sustainability</h2>
|
||
|
||
<p>If the directive becomes effective without necessary exceptions (see below)
|
||
this will affect basic conditions for innovation negatively. Progress is
|
||
achieved by learning from past developments and walking new paths. If all
|
||
communicative devices are locked down, a huge area of innovation will be
|
||
too.</p>
|
||
|
||
<p>Same applies to charity initiatives and organisations depending on using
|
||
custom software on devices they bought. Efforts of volunteer associations, for
|
||
example <a href="http://freifunk.net/">Freifunk</a> helping people in need to
|
||
connect to the internet, may be rendered void or at least handicapped severely.
|
||
Since we are sure that this implication was not intended by the European
|
||
institutions we ask for necessary changes.</p>
|
||
|
||
<p>Furthermore, alternative software on radio (and also non-radio) devices also
|
||
promotes a sustainable economy. There are many devices still in working order
|
||
which do not receive updates from the original manufacturers anymore. In most
|
||
cases, Free Software firmware has a much longer support period which prevents
|
||
users and customers having to dispose still working electronic equipment. In
|
||
return, this also improves the security of users since older hardware still
|
||
receives security updates after a manufacturer stops supporting those.</p>
|
||
|
||
<h2 id="security">Speaking about security</h2>
|
||
|
||
<p>We are in favor of the directive's aim to improve security of radio devices
|
||
but not at the unbalanced expense of users' freedom and security in other
|
||
areas. Firstly installing alternative software mostly helps increasing the
|
||
devices' security. Secondly we are convinced that such strict regulations are
|
||
not necessary for typical consumer products with limited radio output power.
|
||
And thirdly we believe that such technical restrictions will not hinder those
|
||
people willingly violating applicable radio regulations.</p>
|
||
|
||
<p>Especially Free Software firmware projects are very advanced in terms of security
|
||
measures, no least because technical errors get fixed quickly in collaborative
|
||
and transparent processes. Alternative software solutions mostly have much longer
|
||
security support cycles than the default manufacturer firmware. Many Free
|
||
Software projects that are programming firmware for consumer devices address
|
||
high security demands by offering special features the default software does
|
||
not support. So instead of promoting security the current state of the radio
|
||
equipment directive disables users and businesses to choose more secure
|
||
software for their devices. If a software on a device actually violates a radio
|
||
regulation it would be the more efficient way to support the software's
|
||
creators instead of restricting users' independence on a massively broad
|
||
level.</p>
|
||
|
||
<h2 id="proposals">Our proposals</h2>
|
||
|
||
<p>We formulated several proposals to EU institutions and EU members states.
|
||
Many organisations and businesses support these goals and signed our <a
|
||
href="/activities/radiodirective/statement.html">Joint Statement against Radio
|
||
Lockdown</a>. We invite your organisation or company to also <a
|
||
href="/activities/radiodirective/statement.html#sig">express your
|
||
opinion</a>.</p>
|
||
|
||
<blockquote>
|
||
<h3>What we expect of EU institutions</h3>
|
||
|
||
<p>We ask the European Commission to adopt delegated acts - as empowered by the
|
||
European Parliament and Council (Art. 44) - which either </p>
|
||
|
||
<ul>
|
||
<li>make general exceptions for all Free Software not developed by the
|
||
manufacturers of the respective radio equipment themselves but from other
|
||
companies or individuals.</li>
|
||
<li>do not shift the responsibility for the software's regulatory compliance
|
||
from the users to the manufacturers when making changes to the default
|
||
configuration. Software and hardware should not be treated differently in
|
||
that respect.</li>
|
||
</ul>
|
||
</blockquote>
|
||
|
||
<blockquote>
|
||
<h3>What we expect of EU member states</h3>
|
||
|
||
<p>We ask member state legislators to </p>
|
||
<ul>
|
||
<li>interpret the directive's provisions so that Free Software can still be
|
||
installed on radio devices without discrimination, and users' rights are
|
||
safeguarded. As pointed out in recital (19), third party software providers,
|
||
such as Free Software projects, shall not be disadvantaged.</li>
|
||
<li>make sure that small and medium-sized manufacturers will not be burdened
|
||
disproportionally by being forced to assess each and every alternative
|
||
software.</li>
|
||
<li>make sure that users are not forced to install non-free software.</li>
|
||
</ul>
|
||
</blockquote>
|
||
|
||
</div><!--/e-content-->
|
||
|
||
<!-- No news yet
|
||
<h2>Related news</h2>
|
||
|
||
<fetch-news/>
|
||
-->
|
||
|
||
</body>
|
||
|
||
<tags>
|
||
<tag content="Radio Lockdown Directive">RadioDirective</tag>
|
||
<tag content="Policy">Policy</tag>
|
||
<tag content="Competition">Competition</tag>
|
||
<tag content="European Parliament">EuropeanParliament</tag>
|
||
<tag content="European Commission">EuropeanCommission</tag>
|
||
</tags>
|
||
|
||
<sidebar promo="our-work">
|
||
|
||
<dynamic-content />
|
||
|
||
<h2>Further Reading</h2>
|
||
|
||
<ul>
|
||
<li><a href="/activities/radiodirective/statement.html">Joint Statement against Radio Lockdown</a></li>
|
||
</ul>
|
||
|
||
<h3>Latest News</h3>
|
||
<ul>
|
||
<fetch-news/>
|
||
</ul>
|
||
|
||
<h3>External links</h3>
|
||
<ul>
|
||
<li><a href="http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX%3A32014L0053">Full text of RED 2014/53/EU</a></li>
|
||
<!--<li><a href="http://blog.die-linke.de/digitalelinke/niemand-hat-die-absicht-freie-software-zu-verbieten/">Statement of German party DIE LINKE</a></li>-->
|
||
</ul>
|
||
|
||
</sidebar>
|
||
|
||
<timestamp>$Date$ $Author$</timestamp>
|
||
</html>
|
||
<!--
|
||
Local Variables: ***
|
||
mode: xml ***
|
||
End: ***
|
||
-->
|