WRITTEN QUESTION E-2064/02 by Erik Meijer (GUE/NGL) to the Commission. Misuse of websites and charge collection methods to confront consumers unexpectedly with the biggest possible telephone bills.
Date: 2002-07-11
Institutions: European Parliament, Provisional data
Subjects: Internet, Internet access provider, computer crime, consumer protection, electronic commerce, fraud, information technology user, malware, regulation of telecommunications, telephone charges

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Official Journal of the European Union

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6.3.2003

life’ and secondly to ‘provide access for all individuals to appropriate pension arrangements, public and/or
private, which allow them to earn pension entitlements enabling them to maintain, to a reasonable degree,
their living standard after retirement’.

Under contributory pensions schemes, it is normal for entitlements to reflect both the level and duration of
contributions. In the case of workers who are unable to meet the necessary conditions for acquiring an
adequate pension, and to the extent that these conditions are in line with the principles set out in the
Treaty with regard to workers who have exercised their right to move freely, most of the Member States
have arrangements for guaranteeing a minimum level of income.

The Commission provides comparative information on general social protection schemes in its publication
Missoc, which is also available on the Europa website at: http://europa.eu.int/comm/employment_social/
missoc2001/index_fr.htm.

(1)

Insert details of DG EMPL’s recent communication concerning pensions.

(2003/C 52 E/144)

WRITTEN QUESTION E-2064/02

by Erik Meijer (GUE/NGL) to the Commission

(11 July 2002)

Subject: Misuse of websites and charge collection methods to confront consumers unexpectedly with the

biggest possible telephone bills

1.
Is the Commission aware that users of personal computers are taken unawares by unexpectedly large
bills for calling premium rate numbers, sometimes in distant countries, as a result of visiting websites
which give the impression that their purpose is to provide consumers with information or entertainment,
and that these costs arise from the fact that, after contact with the internet provider has been broken,
a connection is automatically established with a telephone number which is not broken once the visitor
leaves the website but is reactivated every time the consumer uses the internet again? Are these unforeseen
charges caused by the fact that software is in secret remotely installed on customers’ personal computers,
and are the large telephone charges incurred by customers in such situations not a side-effect but the
deliberate main purpose of these operators’ activities, bearing in mind inter alia that the holding open or
reopening of phone lines is kept secret from customers?

2.
Is the Commission also aware that the phenomenon of unexpectedly high telephone charges may
also arise if the customer himself consents to the installation of dialler access by means of which one can
pay for internet services, because the telephone company collects payments on behalf of businesses to
which it has leased the dialler numbers, while it does not prevent these numbers from being subleased to
other businesses with criminal intentions and does not prevent the setting of extremely high charges, so
that up to EUR 400 per minute is now being charged for content which is not serious?

3.
In view of this deliberate fraud against computer users, will the Commission increase protection
against abuses in international electronic commerce? What measures are being considered to this end, and
how soon could they enter into force?

Sources: De Volkskrant, 21 June 2002, Frankfurter Allgemeine Sonntagszeitung, 23 June 2002.

Answer given by Mr Liikanen on behalf of the Commission

(26 September 2002)

Electronic communication networks and information systems are an essential part of the daily lives of
European citizens and are fundamental to the success of the Union’s economy. Networks and information
systems are converging and are becoming increasingly interconnected.

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Despite the many benefits of these developments, these infrastructures have their own vulnerabilities and
offer new opportunities for criminal conduct. The Commission is concerned about
the increasing
including the incidents of abuse and fraud to which the question of the
prevalence of cybercrime,
Honourable Member refers.
In January 2001, the Commission issued its first comprehensive policy
statement on cybercrime, the Communication ‘Creating a safer information society by improving the
security of information infrastructures and combating computer-related crime’ (1).

With respect to the use of the full potential of the new and converging technologies, including how to
effectively act against abuse, there is a learning process for users, service providers and law enforcement. In
the past few years, the Commission has issued a number of legislative initiatives that seek to protect users
and give law enforcement instruments to tackle the new types of crime.

In the context of the types of abuse and fraud mentioned in the question, one of these instruments is
Directive 97/7/EC of the Parliament and of the Council of 20 May 1997 on the protection of consumers in
respect of distance contracts (2). This Directive imposes information requirements, a right of withdrawal
and provisions against the fraudulent use of payment cards and inertia selling and it obliges the Member
States to ensure that effective judicial and/or administrative means for redress exist. The deadline for
implementation in the Member States was June 2000.

More recently, a Framework Decision on attacks against information systems has been proposed by the
Commission (3). This proposal contains provisions that would approximate criminal
law provisions for
illegal access to or illegal interference with information systems. Provided that the conditions under this
instrument are present it could be relevant for the situation that an abusive service provider would install
software on a computer without the authorisation of the user. This proposal is currently being discussed in
the Council and in the Parliament.

In addition to initiatives in the European Union, in the context of the Council of Europe of Strasbourg, a
Convention on Cybercrime has been concluded in November 2001 and is now open for signature and
ratification. The Commission participated in the negotiations as an observer. It has so far been signed by
12 Member States and will enter into force when ratified by at least five signatories, including at least three
Member States of the Council of Europe. This Convention contains relevant provisions on computer-
related fraud.

The Commission will continue to actively follow the developments concerning cybercrime and
cybersecurity and will propose additional initiatives when necessary.

(1) COM(2000) 890 final.
(2) OJ L 144, 4.6.1997.
(3) COM(2002) 173 final.

(2003/C 52 E/145)

WRITTEN QUESTION E-2072/02

by Doris Pack (PPE-DE) to the Commission

(12 July 2002)

Subject: Subsidies for German airlines

Does the Commission intend to approve the compensation payments of EUR 71 million to German
airlines (EUR 70 million to Lufthansa and EUR 1 million to Deutsche BA), despite the preferential
treatment received by both companies compared to SMEs?

Answer given by Mrs de Palacio on behalf of the Commission

(3 September 2002)

The Commission has already, on 2 July 2002, authorised the aid scheme to compensate German
companies for the losses caused by the closure of certain sections of airspace between 11 and
14 September 2001. The Commission confirms that compensation of up to EUR 71 million is available
under the scheme.