Be careful tomorrow...

The protest against the ZES legislation will be carried out tomorrow, Bulgaria e Nasha reports. The authorities, Borisov's GERB party in various incarnation have used both whip and carrot to counter to protests.

Next to allowing traffic between protesters and parliament, a move that the protesters think of as sabotage, they yesterday announced changes in the legislation. Police authorities would in the adjusted text only get access to citizens data after after a judge's decision.

The protesters do not think that this is enough, and refer to their demands - the current legislation project should be abandoned, the ministry of interior should be reformed and if new legislation is necessary, the civil society should first be consulted.

The Bulgarian civil society is far from perfect though. Behind tomorrows protest stands 38 different organisations, that are found on the protest's homepage. It seems like anyone who supported the demands on the authorities could join the protest. Among the organisations I find some that I know are key actors in the Bulgarian civil society, like Elektronna Granitza or Zelenite, but there are also some names I am disappointed to see, like Асоциация Общество и Ценности (The Associaton for society and values), who use their homepage to openly propagate against the gay parade in Sofia, and claiming that "science" says that noone is born with sexuality, and Българската национално-радикална партия (The Bulgarian National-radical party), a minor organisastion who their web space to propagate conspiracy theories about how the jews were behind the bolsjevik revolution.

I don't see how organisations who struggle for a democratic, and European Bulgaria, can allow this kind of idiots to soil their projects. What do you think would be The Bulgarian National-radical party's stance on surveillance in case they had any power? My guess is that they would start b registering jews, and then everyone who talked with jews, and then everyone who talked with someone who knows a jew...

So here are my words for those protesting tomorrow: Be careful. I don't think there will be any violence in the streets, tomorrow you are fighting to be heard in media. You are so right abut this, but, please, be more careful about who you let demonstrate with you.

14/1 2010

14 January 2009 was the date when thousand of protesters, from various Bulgarian NGO's gathered in a protest against corruption and mis-government, bigger and stronger than anything the country had seen in years.

The crowd was eventually dispersed violently, something that caused an outcry among civil activists, and helped create a movement of youth calling for a truly democratic Bulgaria, centered around the blog Bulgaria e nasha.

In the following spring, much of the energy, not least at Bulgaria e nasha, was spent at fighting the ZES legislation, that would have given the ministry of interior direct access to citizens electronical data. In the wake of the police's actions at the protest, and with the ministry of interior's history in mind, activists were very concerned about surveillance. I understand them.

Against odds, the activists won. The then ruling socialist dominated coalition did not manage to get the parliament to accept the legislation, before it was ousted and replaced by Borisovs government.

But...

Dissapointed, and more or less surprised, the activists saw how Borisovs GERB, witht the support of Ataka, could easily lead the same legislation through the parliament witout any strong opposition. The same legislation that they had vehemently been against before (at least Ataka).

Therefore, at the 14 of January 2010, a new demonstration has been announced in front of the parliament, the place that hosted not only the demonstrations one year earlier, but also the storming of the parliament in 1997 and the protest against the communist leaders in 1989. The demands are as follows:

1. The responsible  minister should immediately ask for the cancellation of the legislative project.
2. Quick and thourough measures to make the MVR a modern instution meeting European standards
3. In case legslative changes are necessary, these should be done first after consulting a wide range of civil interests and experts
   

Protests in front of the parliament has a strong symbolism, and is probably the last thing Borisov wants. So the Sofia mayor, who comes from his own GERB party, has declined to stop the movement of traffic on the square. The organisors of the protest calls this sabotage, from the mayors office it is said that a part of the square has been reserved for the protesters.

In East European politics, the capital mayors play an important role. Borisovs has managed to get full control over both Bulgaria and Sofia, which makes him unhealthy strong.

Should the Internet be regulated?

I was quite surprised, actually, to see this question answered with a hesitant yes in the Romanian blog Intelectual. Bloggers, especially young such, tend to safeguard the Internet as a non-regulated place vithout surveillance.

Intelectual points out what everybody already knows - that the internet is not only the place for intelectual discussions. It is also the place where child pornography is spread, political opponents are harrassed, and all the evils of the modern world are efficiently broadcasted . His text also makes a point that blogs in Romania often serve poitical interests, politicians pay bloggers to write things about opponents that they could never say themselves on TV

For this reason, legislators all over the world are trying to find ways to control the content of the internet. The web guru Tim O'Reilly have posted a draft code of conduct for bloggers (see below) as a way to regulate the discussion without state intervention, but Intelectual doesn't seem to think that this is enough. "Whether we want it or not, a "lex digitalis" is underway, similar to the "lex mercatoria" that regulates the market of goods.(my translation)" Intelectual sees the ultimate responsibility in ICANN (International Corporation for Assigned Names and Numbers)- the organisation that gives out top level adresses, etc.

Not everyone is happy about a regulated internet, though. Intelectual mentions the Swedish Pirate Party that reached the Euoropean Parliament on vowing to defend the indivdual against surveillance, and similar movements in all west European countries.

Given my superficial knowledge about Balkan blogging, I do not believe that this is an issue that is restricted to western Europe. The Freedom Not Fear day will be celebrated also in Sofia, like last year, and internet privacy has been a major theme on Bulgaria e nasha in the discussion about surveillance.

I also think that Intelectual underestimates the risks of allowing the internet to be regulated. States like China, Iran and Moldova have all been more or less succesful in curbing the free exchange of ideas, without in anyway diminishing the criminal/immoral content on the internet

I am much more attracted to O'Rielly's idea of a code of conduct for internet use, than legislation. Nonetheless - Intelectual was an interesing read... because it was quite different from the "mainstream" bloggosphere writing.

Dear readers... what are your opinions on this issue? Do you think that a code of conduct could actually work, or should there be no codes of conduct?

O'Rielly's Code of conduct:(shortened)
1. We take responsibility for our own words and for the comments we allow on our blog.

We are committed to the "Civility Enforced" standard: we will not post unacceptable content, and we'll delete comments that contain it.

We define unacceptable content as anything included or linked to that:
- is being used to abuse, harass, stalk, or threaten others
- is libelous, knowingly false, ad-hominem, or misrepresents another person,
- infringes upon a copyright or trademark
- violates an obligation of confidentiality
- violates the privacy of others

We define and determine what is "unacceptable content" on a case-by-case basis, and our definitions are not limited to this list. If we delete a comment or link, we will say so and explain why. [We reserve the right to change these standards at any time with no notice.]

2. We won't say anything online that we wouldn't say in person.
3. We connect privately before we respond publicly.
4. When we believe someone is unfairly attacking another, we take action.
5. We do not allow anonymous comments.
6. We ignore the trolls.

ZES - sagan fortsätter

The battle over ZES, the law that would give the ministry of interior direct acces to ISP's data is not over yet. The ministry will forward the law proposal again, but this time the documents will be marked "Secret". How the parliament is to discuss a secret law proposal is still to be seen...

Source: Bulgaria e nasha

The saga continues

With a slim majority, 81 against 76 votes and one abstaining, the parliament decided to postpone the vote for ratification for the law about elecronical informations. The proposal to postpone the session came from Atanas Shterev, from BND, Bulgarian New Democracy.

The next voting session is likely to take place next week.

Sources: Dnevnik, M

Surveillance back in the plenary hall

One week and one day after the proposal for ZEC (Zakon za Elektronnite Suobshtenija - The law aboutelektronical information), proposed by the ministery of interior (MVR) was stopped in the parliament, the government give it another try.

The proposal is not a new law, but an extensions of the ministery of interior's (i.e. the Police) legal room of action.The ministery already have the right to demand data about who has been talking to whom on the internet or on phones, to get information from the phone companies about which phones have exchanged signals etc. The new proposal, want to remove the clause that the information can only be asked for in cases of grave criminality. It also wants to give the ministery of interior right to store the data, and access will be granted or denied by MVR internally, etc.

In short, it's rather a matter of removing legal restricitons of the MVR.

Today the parliament goes to vote again, after the debated text has been turned two times. Since the extreme right wing party Ataka left the parliament after the protests 14th of January, the two parties behind the text - BSP and DPS have a one man majority in the parliament.


Source: Bulgaria e nasha

The Ombudsman agrees with protesters on MVR directive

Few things remind me of Sweden in Bulgarian politics. One of them is the repeated efforts from the government to get access to citizen's internet communication. I sometimes wonder if it's the government that rules the police, or the police that rules the government. From tomorrow on the Swedish music industry will start chasing people downloading material Torrent technologies. According to DN, the industry (N.B.The industry themselves, not the police!) will focus on people up- and downloading considerable amounts, but in the end it's chance who decides which IP adrss we find, Lars Gustafsson, head of the record producers organisation Ifpi is quoted.

The other thing is the word "Ombudsman"

The new Swedish legalislation is maybe not totalitarianism, maybe nothing more than a bad suggestion than democracy can change in the next elections, but Sweden used to have an image of being a country where Human Rights were untouchable. That's why the Swedish language gave one of its most bureaucratically boring sounding words to Bulgarian - "Ombudsman". (I imagine trade union meetings in teh early sixties, someone complaines that the coffeebought for the paus room is from ICA, not Konsum, whereas the Ombudsman takes notes and promise that also this complain will be heard in te corridors of power.)

Bulgaria also have a man, Gunno Gannev, appointed ombudsman. As I have understood, he has the right to propose laws etc. to the parliament,on a citizen's initiative.

In Bulgarian the picture of the ombudsman is a lot more inspiring than that, he, or she ( I guess also a woman can be ombudsMAN in Bulgarian, please tell me if this is wrong). The ombudsman is a more direct way for dialogue with the power, not contaminated by pre- post- and fullblown socialist corrupted bureaucracy. For example, he is very central in Zelenite's ideas, about how to increase the dialogue between the politicians and the citizens.

Gunno Gannev has stood up to his responsability, and expressed his opinion, that the proposed law giving the ministry of interior access to citizen's digital data, is contra-constitutiona.


Sources: Dnevnik, Bulgaria e Nasha

For those who are interested:

Except for the connotations, I can also see quite a big different between the Swedish and the Bulgarian ombudsman. I guess Swedish readers by now wonder what Gannev is ombudsman for.

The Swedish ombudsman is perceived as a man protecting the majority against the majority, that can be clumsy and forget that all men are created different but equal when they vote nd legislate the best society. Typical minority: children, disabled

The Bulgarian ombudsman is, on the contrary, defending the society. Actuallly I think "the nation" is more to the point in English, if e can imagine a nation without militant nationalism. He is their voice, safeguarding their interest against minorities that might infringe the rights of the society/people/nation. Typical minorty: mafiosi, oligarcic politicians

Am I right? What did I misunderstand? I would love to discuss this topic with Bulgarians :)

A break of principles

While it should not become a habit, no principle is better than that i can be broken for a higher cause. While my principle as a blogger is to avoid taking sides, I made an exception, and tried to help Bulgaria e Nasha to spread information about the political game around the internet surveillance legislation. I wrote a letter to a number of Swedish politicians, where I urged them to apporach their bulgarian colleagues and ask them about this question. Because I undertand the anger among bloggers. Because Swedish politicians are walkingdown the same road, and they should see their actions in a European perspective, at least those who boast their Europeaness. And because I think they should know and care more about Bulgaria and Southeastern Europe.


Oppet_Brev

Publish at Scribd or explore others: övervakning Bulgarien

So far Anna Karin Andersson from the Swedish green party has answered me. She will discuss the question with representants for Zelena Partija, (a Bulgarian party that is not the same as Zelenite, and not have the same direct connection to the protests), when she meet them at the European Green Party's congress in the weekend.

Surveillance actvists won time

Yesterday the parliament was scheduled to vote about the law concerning surveillance of digital data. The wording of the documented presented to the parliament was a slightly disguised version of the first proposal from the ministery of interior, that thus signalized that they need the parliament to sign, but ignore its opinion.

However, 10 MP's from SDS, DSB, and NDSV ( a party that sits in the government) managed to postpone the session to a later date.

The protesters thus earned some time to protest and rasie awareness about the issue. A campaign is led by Програма Достъп до Информация (Access to Information Programme) an NGO working to promote the right to information and initiate a public debate on human rights related issues. They are gathering signatures online for a public protest against the new legislation.


Source: Bulgaria e Nasha

Uncostitutional vote in the parliament tomorrow

Tomorrow the members of Bulgaria's parliament are again voting about a law that will give MVR (The ministry of Interior) increased access to citizens private data.

Bulgaria e nasha alarms that the vote is a parliamentary coup. The parliament rejected parts of the text. In stead of accepting the elected parliaments decisions two of the government parties BSP and DPS, in the ministry of transport and communication signed a text, that in now way respects the parliaments opinion, but gives MVR the rights they wanted in the first proposal. Thus the text goes through the parliamentary machinery without discussion. Or rather... it has been discussed, but the decision was made before the discussion.

Other parties, and the non parliamentary opposition calls for your attention: The vote tomorrow is illegal!

Bulgarian spekers will find detailed reports, including documents online on Bogomil Shopovs Blog.

Source: Bulgaria e nasha

Surveillance is still an issue (Updated)

Bogomil Shopov reports that the game about allowing MVR, the ministery of interior, to monitor to communication between citizens online.

On his blog, Bogomil writes that the minister of MVR persisted that the increased possibilities to look into digital data are necessary. In a session the comission of transport has accepted the law acccording to a wording that deviates from the one the parliament handed over the comission.

The actual wording is actually closer to the proposal originally rejected. This counter-constitutional manouvre was carried out by the delegates from the socialists, and the turkish minority party. They used their majority in the commission to defy the parliamentary decision.

The issue here is thus not only the fact that some politicians want to give MVR the right to look into citizens' elevctronical data. It is also a break of rules for the democratic work. These politicians will is carried out against the parliament's decision. The president is also on the parliament's side.

In Bulgaria the parliament and the president are directly elected by the people, not the government or the commission of transport.

Picture is taken from M, indicating that the government parties BSP and DPS can't read

Source: Bulgaria e nasha , Great thanks to M for helping me correcting and updating

Law on internet surveilance adapted

The Bulgarian parliament have adopted the law about internet surveilance, that electronic freedom activists have focused on the alst week.

The law gives the authorities right to follow internet traffic, but with the important note, that this can only be done if heavy crimes are suspected.

The time data will be stored is also shortened from 24 to 12 months, along the protesters demands.

Bulgaria e nasha describes the decision as a victory on their site.

Today is also the day when the Bulgarian revolutionary Vasil Levski is honoured. He was executed by the authorities 136 years ago, a fact that is given due attention in the press.

Sources:Darik.bg, Bulgaria e nasha

Parliamentary action

Today's happenings are scheduled to take place inside, rather than in front of the parliamentary building.

The opposition failed to reinstate a commission that would have investigated the alleged police violence, and mystical ciscumstances around two death case. One of these cases is Metodi Marinov .

Today the parliament will discuss the legislation surrounding the EC directive 2006/24/EC . To incorporate the text into Bulgarian legislation it has to be formulated, and the free speach movement fear the Bulgairan formulations, that so far do not state that the police can use stored data ONLY in cases of serious criminality.

 On Bulgaria e nasha five changes/suggestions to the law text have been posted, and a pod cast from re:tv late yesterday where the legislation was discussed.

Sources: Darik.bg, Bulgaria e Nasha

The European Commission sides with the Bulgarian government

Through Swedish media I find out that the European Court of Justice has ruled against Irelands protest against Directive 2006/24/EC which proclaims that national authorities should store digital data such as your phone number and email adress for two years.

The Directive was adopted by majority vote, regarded as a matter of free movement within the Union. The Irish government, backed by other members states like Slovakia and Sweden, claimed that the Directive is ratter a matter of legal jurisdiction and hence needs to be adopted by all member states according to valid treaties.

Svenska Dagbladet , a pro-EU newspaper, in it's headline says that Sweden now is forced to adopt the directive.

The news is absent from the English speaking media I read on a daily basis, but German Die Zeit covers the topic and reports that a German civil rights group has asked a court to try if the directive is adaptable in the German constitution. Die Zeit also offers an highly critical Op/Ed. fearing for the EU citizens civil rights.

The Bulgarian version of this directive is one of the hot issues in the movement, especially in the organisations preoccupied with electronical rights like Elektronna Granitsa. What they fear is that this directive will be used to curb legal and peaceful but radical protest movements.

On Bulgaria e Nasha Sweden was pointed out as a good example of resisting the directive some weeks ago.

Update 27/1 16:24

Tomorrow the protesters are again meeting in the square in front of the parliament. For the Nature have sent out an invitation on their email list, calling protesters for a demonstration from 15,00 - 20,00.

As far as I know, the demonstrators and the government/parliament is not any nearer in terms of demands than yesterday. One demand - a ban of the Zamenki system ythat let land owners change cheap private land for expensive stat properties as been approved earlier this week.

Negotiations proceed. Today a parliamentary commission met with represntants of the Bulgarian Mother's assiociation to discuss their demands. These demands mainly refer to social politics, however I was told that the Bulgarian mother's organisation backs the enviromentalists demand of a electoral reform, introducing elements of majority voting and local referendums.

Yesterday the increased possibilities for police suveliance of internet activities has stirred up anger. the opposition party SDS demands the resignation of the minister of interior, and Elektronna Granitsa , that to me seems to be connected to the international Electornical Frontier ahs joined the protesting organizations that now count 23.

Police access to the internet

The parliamentary commission for transport and communication this afternoon met with their collegues from the commission for interior affairs, to discuss a proposed law that gives MVR, the ministry of interior affair, that among other things control the police, unrestricted acces to electronical data, Dnevnik reports. Hardly surprising the reaction on on internet communities is sharp.

In deed freedom of speach on the internet is a major issue for many of the protesting organizations, and as Kapital pointed out, unsurveiled internet forums were an important prerequisite for the protest to come into being.

A minor detail for Swedish reders... the first person that Dnevnik quotes from comments on their site calls himself "The Scandinavian" It's not me, though...


In the current curcumstances in Bulgaria, many people are inclined to see this as the manners of a despotic government. Without commenting on that, I don't think this law is essentially different than the Swedish widely debated FRA law. That's no consoul to scared Bulgarians. Maybe the Swedish law makers would have thought twice if they analyzed their laaw form an international, or at least European perspective.