Appeal for a suspension on new Italian Internet rules, since an Italian Parliament decision on copyright and constitutional rights balance will take place. Association of Italian Consumers and Majors associations of small-medium businesses companies against automatic deletion of sites on the internet

 ADICONSUM, and ALTROCONSUMO, two of the largest associations of Italian consumers, ASSOPROVIDER-Confcommercio, ASSONET-Confesercenti, two of the most important associations of small-medium businesses companies,  AGORA ‘DIGITALE, Association for Freedom of Netizens , and Sarzana & Partners Law Firm,  against automatic deletion of sites on the Internet by the Italian  Authority for Communications 

From 3 March the Italian’s Authority for Communications  may remove content at its discretion and sites on the Internet without going through a court and without which the Parliament was never consulted.

Hundreds of websites, information sources, online magazines, simple blog may be subject to censorship by the mere suspicion of having breached in any way the copyright.

Disappear from the internet thousands of videos, photos and documents uploaded by users in sharing networks.

The sites also from abroad, from online magazines to private sites, suspected of possessing even a single file that infringes the copyright, will be inhibited to Italian users who will be a page that says “site unreachable” without know why.

To say no to this complaint and to ask Parliament, the only legitimate body to decide on fundamental rights of individuals to take action,  will take place an information campaign called   ( i.e. Site not found in italian) promoted among others by ADICONSUM, Altroconsumo, ASSOPROVIDER-Confcommercio, Assonet-Confesercenti, AGORA ‘Digital, which will allow all citizens to sign a petition addressed to the Parliament to stop the approval of new rules by the Authority for Communications.. 

This is the text of open letter to Parliament. 

To The Member of Italian  Parliament 

To The Italian Communication Authority (AGCOM) 

 Appeal  for a suspension on new Italian Internet   rules, since  an Italian Parliament decision on   copyright and constitutional rights balance will take place. 

Dear sirs, 
Imagine that one day, entire sections of your library will not  be  accessible anymore. 

None will  write you which specific books and why they were removed, but you only get an advice  informing you that someone, somewhere, for some reason, reported that   books in that section violate someone rights 

Do you think this will  not happen in a modern western Democracy?

Without a  digital network copyright regulation, providing  a balance between different interests in society, as an instrument of emancipation for content producers, this scenario will become soon a pervasive system of control and censorship . in Italy 

In fact, with   December 2010  668/2010 Italian Communications Regulatory Authority Resolution (without any previous Parliament debate)  this Authority introduces a consultation on a text that aims to establish a mechanism which allows to completely inhibit the accessibility of sites located outside the Italian territory and to remove content suspected infringing the copyright in an automatic way , and without reference to any Judiciary Court  requirement . 

Italy will be the first western Country to have a regulation that can prevent citizen Internet contents access  without  any previous  Italian Parliament debate on  copyright and digital rights.

The  “library” sections  interested to this ‘Internet access denied’  could  include foreign portals suspected of    copyright infringment, most common systems to  access information necessary for  free software and  public domain openly licensed documents exchange.

The individual “books” removed include articles from journals, government and privatedatabase, confidential documents  and usefull facts that  public might not know otherwise, home videos and photos with music uploaded  in sharing platforms, blog  individual pages containing even a single file in violation of copyright.

To avoid t this will occur in the general silence, we ask  the >Italian Communications Authority to suspend any kind of new copyright regulation .

No new rules should  be adopted until an  Italian Parliament  wide debate, opened to citizens  to define a new balance between copyright and constitutional rights.

We ask this  because we know which could be the effects of  a regulation introduced without a proper assessment of its impact , and how far these effects  could be from an unreliable forecast. 

We also substain  it’s dangerous that any Authority regulates matters  that the Italian Constitution  entrusts  the legislative and  judiciary powers, matters  have longly been debated by  Parliaments in other countries, or finally, as is often the case with Internet regulation, matters that have seen a ‘ self-regulation process’ within the perimeters that the traditional laws allow.

We ask all Italian political parties representatives that Parliament returns to be  the place of a debate involving all  Internet actors, eventually   involving  international skilled people.  

This way  it will be obtained the result  to give back to the Italian Parliament its interlocution role  with civil society,  and to re-establish the respect of the Separation  of Powers in Italy. 








Fulvio Sarzana
Studio Legale Roma Sarzana & Associati
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