Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-09-06-Speech-2-239"

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"en.20050906.33.2-239"2
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". Cookies, adware and spyware and similar types of software are regulated by Article 5(3) of the e-Privacy Directive. Under this provision, accessing any user's terminal equipment, such as a personal computer or a mobile phone, or storing information on that equipment is allowed only if the user is given clear information about the purpose of such activities and if the user is offered the right to refuse it. This is a general rule when such devices are intended for a legitimate purpose, but the situation is different if the purpose is malicious and the intention is to harm a computer system or its user. These forms of malware are clearly banned by the e-Privacy Directive. As is generally the case with European Union directives, the choice of remedies, penalties and enforcement tools lies with the Member States. However, in February 2005, the 25 Member States went beyond the e-Privacy Directive by adopting the Framework Decision on illegal attacks against information systems. Under this Framework Decision, spyware-related activities involving illegal access and interference with information systems are punishable by criminal penalties of no less than one to three years' imprisonment, and of no less than two to five years' imprisonment when committed by organised crime. However, legislation is not enough on its own and may produce the expected results only if it is combined with other measures, such as complementary enforcement measures, industry cooperation, including standardisation research, and better user awareness. As far as enforcement measures are concerned, the EU has a contact network of spam authorities – CNSA that aims to ease enforcement cooperation between national authorities on spam and related issues. The last meeting of this network was mainly devoted to spyware, often spread via spam, and the challenge it represents for enforcement authorities and industry. Spam, spyware and adware are just examples of the many security threats that risk undermining the value of the internet and of electronic communications. The Commission is therefore planning to put forward a strategy for a secure information society that puts together various actions to make electronic communications networks safer from fraudsters, harmful content and technology failures, and to increase trust. Another big step towards improving internet security was taken by the Commission in 2004, when ENISA, the European Network and Information Security Agency, was established. This Agency has already hired its first members of staff and developed its work programme, and, in August 2005 – just a few days ago – it established itself in its headquarters in Heraklion, Greece, and will soon be fully operational. ENISA will help the Community, the Member States and, consequently, business communities to prevent, address and respond to major network and information security risks."@en1
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