●● IRC: #techbytes @ FreeNode: Monday, March 29, 2021 ●● ● Mar 29 [00:57] *GNUmoon2 has quit (Remote host closed the connection) [00:57] *GNUmoon2 (~GNUmoon@gateway/tor-sasl/gnumoon) has joined #techbytes ● Mar 29 [01:03] *schestowitz__ is now known as schestowitz [01:18] schestowitz Please find attached the introduction to a new "xxxxxx" series. [01:18] schestowitz The subject this time is data protection issues at the xxxxx and, more specifically, the risks associated with the xxxxx's increasing reliance on yyyyy for the provision of cloud computing services. [01:18] schestowitz In total there are 15 parts, plus an intro and an epilogue (in total 17 pieces) [01:18] schestowitz Four further e-mails will follow with the rest of the material. [01:18] schestowitz The texts are provided free for publication with full permission for any editorial revisions or amendments that may be considered necessary at your end. [01:18] schestowitz For information, the xxxxx zzzz is due to hold its next e-meeting on ttttttttttt. [01:18] schestowitz Not sure whether it makes sense to try to synchronise the publication with that. [01:18] schestowitz For the last part to go out on the day of the Council meeting would require publication of at least 1 part per day. [01:18] schestowitz Anyway, decisions about publication are left to your discretion. [01:18] schestowitz Best regards [01:18] schestowitz Please find attached a file with the epilogue to the series. [01:18] schestowitz This is the fifth and final e-mail in the sequence. [01:18] schestowitz The attachments to this e-mail are copies of documents which are referenced in various parts of the new series about data protection issues at the xxxxxxx. [01:18] schestowitz The relevant part of the series for each document is identified in the filenames. ● Mar 29 [06:29] *TechBytesBot has quit (Ping timeout: 240 seconds) [06:53] *hook54321 is now known as hook5432 [06:53] *hook5432 is now known as hook54321 ● Mar 29 [07:13] *GNUmoon2 has quit (Ping timeout: 240 seconds) [07:16] *TechBytesBot (~b0t@techrights.org) has joined #techbytes [07:16] TechBytesBot Hello World! I'm TechBytesBot running phIRCe v0.75 [07:45] *GNUmoon2 (~GNUmoon@gateway/tor-sasl/gnumoon) has joined #techbytes ● Mar 29 [14:43] schestowitz http://ipkitten.blogspot.com/2021/03/chairman-and-enlarged-board-criticised.html?showComment=1617022643229#c4959522527312924688 [14:43] schestowitz To quote from document BOAC/16/20: [14:43] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Chairman and Enlarged Board criticised for lack of impartiality in ViCo oral proceedings referral (G1/21) - The IPKat [14:43] schestowitz "The President of the Boards of Appeal proposes that the Boards of Appeal Committee adopts the amendment to the Rules of Procedure of the Boards of Appeal set out in Part II of this document. The amendment involves inserting in the Rules of Procedure of the Boards of Appeal (RPBA 2020) new Article 15a, which clarifies that the Boards of Appeal may hold oral proceedings pursuant to Article 116 EPC by videoconference". [14:43] schestowitz BOAC/16/20 thus serves as concrete evidence that the President of the Boards of Appeal has proposed legislation which contains provisions permitting "without consent" VICOs. The referral in G1/21 is all about whether "without consent" VICOs are compatible with the EPC. In what universe can the very person who proposed subsidiary legislation sit as the Chair of the Enlarged Board tasked with deciding whether that legislation is [14:43] schestowitz compatible with the Convention? [14:43] schestowitz It could perhaps be said that the EBA needs time to consider the objections to partiality, and that they will do so in due course. However, much like the answer to the referral in G1/21, the EBA's ultimate decision seems to have been made already. [14:43] schestowitz If the EBA ultimately decided to exclude Mr Josefsson from the proceedings, it would need to address the fact that he has already participated in the proceedings, contrary to Art 24(1) EPC. This would then force the EBA to rescind the decisions taken by Mr Josefsson, including decisions on the members appointed the EBA, as well as on the timing and manner of oral proceedings. [14:43] schestowitz Given the information in the above quote from BOAC/16/20, it is inconceivable that Mr Josefsson would have been unaware that his participation in G 1/21 would be entirely inappropriate, if not unlawful. In view of this, as well has the fact that he has already participated in the proceedings, we must therefore conclude that Mr Josefsson has no intention of self-recusing from G1/21. [14:43] schestowitz Also, even before 16 March, epi warned that, to avoid the appearance of partiality, Mr Josefsson should not participate in the referral. Thus, given the extraordinary speed with which the EBA has acted on other matters connected with the referral, we can conclude that the EBA has no intention of reaching a speedy conclusion on the possibility of a FORCED exclusion of Mr Josefsson. [14:43] schestowitz Taking all of the above together, it is hard, if not impossible, to reach the conclusion that the EBA will simply brush off the well-founded objections of partiality and continue with the current composition of the EBA ... with entirely predictable consequences for the outcome of the referral. [14:43] schestowitz " ● Mar 29 [16:07] *asusbox has quit (Quit: Konversation terminated!) [16:08] *asusbox (~rianne@2a00:23c4:c3aa:7d01:3420:5145:9463:3d36) has joined #techbytes [16:12] *rianne has quit (Ping timeout: 240 seconds) [16:23] schestowitz [16:18] I haven't checked, but it could also be that the author originally signed the "against" letter [16:23] schestowitz [16:19] (I've only noticed two people move from open to support) [16:23] *rianne (~rianne@2a00:23c4:c3aa:7d01:3420:5145:9463:3d36) has joined #techbytes ● Mar 29 [21:34] *GNUmoon2 has quit (Ping timeout: 240 seconds) [21:59] schestowitz [21:50] notice: a former source of mine is now opening up FSF information on twitter [21:59] schestowitz [21:50] tweet by tweet things that she only told some people are now public: https://nitter.eu/L_isaMarie [21:59] schestowitz [21:53] /wc ● Mar 29 [22:00] schestowitz [21:53] oops [22:00] -TechBytesBot/#techbytes-nitter.eu | Lisa Marie (@L_isaMarie) | nitter [22:00] schestowitz [21:53] thats the window close IRC command [22:00] schestowitz [21:53] i had a space in front of it, sorry [22:00] schestowitz [21:55] thanks [22:10] *schestowitz has quit (Quit: Konversation term) [22:11] *schestowitz (~schestowi@2a00:23c4:c3aa:7d01:9e47:addf:5b42:cd6d) has joined #techbytes [22:11] *schestowitz has quit (Changing host) [22:11] *schestowitz (~schestowi@unaffiliated/schestowitz) has joined #techbytes ● Mar 29 [23:10] *GNUmoon2 (~GNUmoon@gateway/tor-sasl/gnumoon) has joined #techbytes [23:52] schestowitz http://ipkitten.blogspot.com/2021/03/chairman-and-enlarged-board-criticised.html?showComment=1617052472206#c5999814474159879892 [23:52] schestowitz " [23:52] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Chairman and Enlarged Board criticised for lack of impartiality in ViCo oral proceedings referral (G1/21) - The IPKat [23:52] schestowitz Article 4 of the Rules of Procedure of the Enlarged Board of Appeal: [23:52] schestowitz Article 4 [23:52] schestowitz Exclusion and objection [23:52] schestowitz (1) If the Board has knowledge of a possible reason for exclusion or objection which does not originate from a member himself or from any party to the proceedings, then the procedure of Article 24, paragraph 4, EPC shall be applied. [23:52] schestowitz (2) The member concerned shall be invited to present his comments as to whether there is a reason for exclusion. [23:52] schestowitz (3) Before a decision is taken on the exclusion of the member, there shall be no further proceedings in the case. [23:52] schestowitz "