[Battlemesh] Forced firmware lockdown in EU already passed

[Laurent GUERBY]

On Sat, 2015-09-05 at 23:56 -0700, Mitar wrote:
> Hi!
> 
> Have you seen this. In EU we have already passed on 16 April 2014 a
> directive which requires equipment to lockdown firmware. It should go
> into effect in all member states after 12 June 2016.
> 
> http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32014L0053
> 
> The relevant is Article 3, paragraph 3, (i), which states that it is
> required that:
> 
> "radio equipment supports 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"
> 
> It seems we already lost in EU.
> 
> 
> Mitar
> 

Hi Mitar,

This is not that clear cut in EU: enforcement of Article 3 (3) list
"essential requirements" is delegated to proposals of which equipment
will affected by the EU Commission, and these proposals can be blocked
either by the council or the parliament. Also in the preamble (19)
states clearly that software verification should not be abused to
prevent third party software. See below for quotes.

A very strict requirement could prevent the use of SDR on EU ground, and
the EU is at the time funding SDR, eg:

https://www.tue.nl/en/university/departments/electrical-engineering/research/technological-center/centre-for-wireless-technology/programs/ultra-high-data-rates/partnership-for-the-development-of-cognitive-radio/

But we certainly have to careful: talk with industry and academia
to send messages to EU politicians about being careful
on 3 (3) (i).

Sincerely,

Laurent GUERBY
http://tetaneutal.net

<<
Whereas:
(...)
(19)

Verification by radio equipment of the compliance of its combination
with software should not be abused in order to prevent its use with
software provided by independent parties. The availability to public
authorities, manufacturers and users of information on the compliance of
intended combinations of radio equipment and software should contribute
to facilitate competition. In order to achieve those objectives, the
power to adopt acts in accordance with Article 290 TFEU should be
delegated to the Commission in respect of the specification of
categories or classes of radio equipment for which manufacturers have to
provide information on the compliance of intended combinations of radio
equipment and software with the essential requirements set out in this
Directive.
>>

<<
Article 3
(...)
3.   Radio equipment within certain categories or classes shall be so
constructed that it complies with the following essential requirements:
(...)
(i) radio equipment supports 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.

The Commission shall be empowered to adopt delegated acts in accordance
with Article 44 specifying which categories or classes of radio
equipment are concerned by each of the requirements set out in points
(a) to (i) of the first subparagraph of this paragraph.
>>

<<
Article 44

Exercise of the delegation

(...)
5.   A delegated act adopted pursuant to the second subparagraph of
Articles 3(3), 4(2) and 5(2) shall enter into force only if no objection
has been expressed either by the European Parliament or the Council
within a period of two months of notification of that act to the
European Parliament and the Council or if, before the expiry of that
period, the European Parliament and the Council have both informed the
Commission that they will not object. That period shall be extended by
two months at the initiative of the European Parliament or of the
Council.
>>