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SFP#45: The final chapter of the EU Radio Equipment Directive

Back to the episode SFP#45

SFP#45: The final chapter of the EU Radio Equipment Directive

WEBVTT 00:00.000 --> 00:18.960 Dear listeners! Thank you very much for listening to The Software Freedom Podcast. 00:18.960 --> 00:25.160 And without any further ado, hello and welcome to this episode of The Software Freedom Podcast. 00:25.160 --> 00:29.040 This podcast is brought to you by The Free Software Foundation Europe. 00:29.280 --> 00:32.880 We are a charity that empowers users to control technology. 00:33.520 --> 00:37.600 I'm Bonnie Mehring and today I'm here with my colleague, Alexander Sander, 00:37.600 --> 00:41.680 who I've done multiple episodes with already. Hello, Alex. 00:42.560 --> 00:43.600 Hello, hello. 00:43.600 --> 00:46.000 And my former colleague, Max Meal. 00:46.000 --> 00:48.240 Hi, Max. It's so nice to have you back here. 00:48.240 --> 00:50.240 Hi, Bonnie. Hi, Alex. Great to be here. 00:50.800 --> 00:53.280 Max, how are you? How has life been treating you? 00:54.000 --> 00:57.120 It's been treating me very well, but currently it's quite busy. 00:57.200 --> 01:02.000 We are in per-FOSDEM preparation, a lot of talks and Devroom organization is going on. 01:02.480 --> 01:04.240 So yeah, but I'm happy to be here. 01:05.520 --> 01:07.920 Which Devroom will you be organizing at FOSDEM? 01:08.880 --> 01:15.040 I will be co-organizing the Railways and Open Transport Devroom since I've been working 01:15.040 --> 01:20.480 or still working for Deutsche Bahn. And it's great because we collect their international 01:21.120 --> 01:26.000 collection of companies, of railway companies, but also standardization bodies. 01:26.720 --> 01:32.080 People from the transportation community working on create a free software tools. 01:32.080 --> 01:36.080 And yeah, we are bringing them all together there for the fourth time in the row. 01:36.880 --> 01:41.120 Wow. Is there something that you are very much looking forward to at the Devroom? 01:41.120 --> 01:42.720 Is there a talk that you would highlight? 01:44.640 --> 01:47.920 I think all of them are great, depending on what you're interested in. 01:48.400 --> 01:54.560 What I especially like is a talk or multiple presentation about the open source railway designer 01:54.560 --> 02:00.720 always RD. That's the flagship project of the Open Rail Association, which we've co-founded 02:00.720 --> 02:05.680 as Deutsche Bahn. And yeah, that's really nice to see what they're all bringing together there, 02:05.680 --> 02:08.800 and the many people that are involved there. And how this is really 02:10.080 --> 02:14.960 accelerating the momentum of bringing free software development to the railway sector. 02:15.920 --> 02:20.560 Oh wow, okay. I'm very much looking forward. Last year I tried to get into the 02:20.560 --> 02:23.280 Devroom, but I didn't manage because the queue was so long. 02:24.960 --> 02:28.400 What am I supposed to do? It's like... Go there earlier. Go there earlier. 02:28.400 --> 02:32.800 Legal Devroom. Yeah, yeah, that's true. I can reserve you a place if you want to. 02:34.240 --> 02:36.000 Or VIPs in the first row. 02:37.440 --> 02:40.880 All right, I will come back to this later. 02:43.200 --> 02:48.000 Alex, you are probably also really busy with the preparation of the policy in legal Devroom, 02:48.080 --> 02:54.960 or? Yeah, that's true. So at the moment we are collecting slides from our speakers and try to have 02:54.960 --> 03:00.960 everything on one laptop so that we have good presentations and short times for headovers. 03:01.760 --> 03:08.160 Okay. Well, I'm very much looking forward to both Devrooms and very curious to see how 03:08.160 --> 03:16.560 Fostam will be this next weekend. They're upcoming. But today we will not be talking about Fostam, 03:17.280 --> 03:20.880 but we will be talking about the radio equipment directive. 03:22.160 --> 03:28.080 Max and Alex, can you briefly give me a background? How are you connected to the radio equipment 03:28.080 --> 03:32.240 directive? And yeah, how did you come in contact with RED? 03:34.000 --> 03:39.840 I was active in this radio freedom activity and that was very different because there 03:40.800 --> 03:47.040 the opposite position was clear. I mean, there were internet service providers that didn't want to 03:47.040 --> 03:52.640 give us the full control over the routers or that we cannot choose the routers ourselves and put 03:52.640 --> 03:58.400 free software on it if we wanted to. So there the conflict lines were quite clear. The radio 03:58.400 --> 04:05.440 equipment directive, as I said before, is not really clear because I would say for us as the 04:05.440 --> 04:14.640 free software community, 99% of what's in it is, yeah, it's not relevant to us. And we never 04:14.640 --> 04:21.200 really knew from the, at least from the start, was actually the intention of the one article 04:21.200 --> 04:31.040 that we found was a problem and a huge danger to free software in general. So to be honest, 04:31.120 --> 04:36.160 when I first looked and read through the radio equipment directive, and I remember that very well 04:36.160 --> 04:42.960 because back then I was working as a working student for 10 hours a week for the FSFE. So my time 04:42.960 --> 04:51.360 was limited and I printed this huge directive, I don't know, 70, 80 pages on the university printer 04:51.360 --> 04:57.920 had to pay for that, of course. And I read through it and I had my marker like a good student 04:58.720 --> 05:05.760 is doing it. And I remember that I only marked this one article and I was like, is that really it? 05:05.760 --> 05:12.080 Like, am I hunting a ghost here? Or is it just too small and just the detail that will never 05:12.640 --> 05:18.960 hit reality? And yeah, as it turned out, it was always a more like an abstract danger, 05:18.960 --> 05:24.960 but it could become within, yeah, blink of an eye or basically a delegated act to real threat 05:24.960 --> 05:31.120 of free software. So from then on, when I really understood that and when I was sure that this 05:31.120 --> 05:36.960 what we are afraid of can become reality and that this is not a really abstract that can be 05:36.960 --> 05:42.400 very concrete, then it was also motivating. But on the other hand, of course, also demotivating because 05:43.200 --> 05:47.920 explaining that to many people, to the many organizations and individuals that we worked with, 05:48.880 --> 05:55.360 that was not easy. That was not an easy task. But definitely something from which I learned a lot. 05:57.120 --> 06:02.000 All right, thank you very much for taking us back to this moment. I now see you in my mind. 06:03.520 --> 06:07.600 Alex, when did you start to work on the radio equipment directive? 06:08.960 --> 06:15.040 Yeah, basically, I was hoping that I never worked on this. But since Max left, 06:16.000 --> 06:24.320 I got the file and Max prepared a very good handover. We had a longer call on this as well. 06:24.320 --> 06:30.400 And when I looked at this, I was again, hoping that I don't really have to work on this. But 06:30.400 --> 06:35.920 unfortunately, yeah, every half or every year, the radio equipment directive popped up, 06:35.920 --> 06:41.600 and then normally I had to call Max and ask him again for some background questions. 06:41.680 --> 06:46.640 Since this is so overwhelming, and there's so much going on, and there are so many details. 06:47.520 --> 06:53.120 So I often was struggling again and had to ask him, is it really like this? 06:53.120 --> 06:57.840 I said, I couldn't imagine. And I saw that I missed some things. So that's why I called him again 06:57.840 --> 07:04.800 and again, and this regard. Thanks a lot, Max, for all the hours you spent with me on the radio 07:04.800 --> 07:10.480 equipment directive, just to explain me what's going on there. Yeah, you know, Alex, that's a lot 07:10.480 --> 07:19.360 of fun digging into the history of all of this. So this equipment directive has been staying with us 07:19.360 --> 07:27.040 now for over 10 years, basically, right? Yeah, more than 10 years now. Wow. When you read the radio 07:27.040 --> 07:32.800 equipment directive, what was in it? And can you take us through this step by step? And yeah, 07:32.800 --> 07:40.240 it started in 2014, right? At least then the directive was like formerly approved. 07:40.880 --> 07:47.120 So the directive, the radio equipment directive, with a beautiful name 2014 slash 53 slash EU, 07:47.680 --> 07:53.680 was more or less just a successor to an earlier directive. And that's, Alex will know better than I do, 07:53.680 --> 07:58.720 that that's quite normal in the European policy area, that you have older directives and you 07:58.720 --> 08:04.560 you modernize them, you harmonize more standards within. And so this wasn't replacing this directive 08:04.560 --> 08:11.760 from 1999. And many contents were more or less the same or yeah, modernized to the to the 08:11.760 --> 08:17.680 current technologies at the time. But this directive, like this new edition or this new version, 08:17.680 --> 08:27.360 this update contained also some articles and some regulations more on security, on safety, 08:27.440 --> 08:34.000 and also abuse prevention. And yeah, when I read through it, there was only one article really 08:34.000 --> 08:41.760 striking out, like reading that through the classes of the free software. And that is article 33i. 08:42.400 --> 08:46.880 And if you want to, I can, I can just cite it because it's not really long and but there is the 08:46.880 --> 08:54.880 whole gist of it. And that is the basis of 10 years of activity for the FSFE. And the article 33i is 08:54.880 --> 09:01.920 radio equipment, chance support, certain features in order to ensure that software can only be loaded 09:01.920 --> 09:08.400 into the radio equipment, rather compliance of the combination of the radio equipment and software 09:08.400 --> 09:15.200 has been demonstrated. And that's it. That was more or less the gist of it. The basic idea more or 09:15.200 --> 09:23.600 less is that we can only or users can only put software on their radio devices. And that is 09:23.680 --> 09:30.800 everything, right? That is everything that transmits and receives radio signals. So routers, 09:30.800 --> 09:39.200 smartphones, laptops, smart kitchen devices. You name it. Toys with Wi-Fi, signal always Bluetooth 09:39.200 --> 09:46.480 and so on. So that on all of these devices, we can only put software for which there is a proven 09:47.360 --> 09:52.880 yeah validation. With this in mind, we can no longer let's take a router as an example. We can 09:52.880 --> 10:02.320 no longer buy a router in the shelf in the supermarket or whatever from your favorite online shop. 10:02.880 --> 10:10.160 And just put software on it, which the manufacturer and the render did not explicitly allow 10:10.160 --> 10:16.560 because they proved that this combination of software and hardware is compliant with all this 10:16.560 --> 10:22.880 regulation. All right. So this is also why I think notice this, right? Yeah, that's mostly 10:22.880 --> 10:28.000 that's mostly their business model, right? They buy routers and they have create software on it 10:28.000 --> 10:33.760 that is customized to their needs and the needs of their users. And they put their software on it, 10:33.760 --> 10:38.960 they can run updates and so on. And they don't have to ask, I don't know, TP link or whatever 10:38.960 --> 10:46.240 router manufacturer, if they can, if this manufacturer can allow their software or this update and so on. 10:47.200 --> 10:52.480 And this has a lot of a lot of threats to free software in general. I mean, the run is for 10:52.480 --> 11:00.240 Fryfunk and these other community services. But also, of course, for all people who value 11:00.240 --> 11:05.680 free and open source software, like they want to install in firmware that for which they know 11:05.760 --> 11:10.480 what's in it, basically, and they can control this technology with it. And again, we are not only 11:10.480 --> 11:17.200 talking about routers. We are talking about all kinds of devices of modern devices. And also for 11:17.200 --> 11:23.280 security, right? That there's another reason that people can install software which they trust more 11:23.280 --> 11:29.200 and for which they, for instance, know that there are still current updates to it because many of 11:29.200 --> 11:36.960 the firmware and installations that you get from a manufacturer, they get out of date and of life 11:36.960 --> 11:44.720 and they render basically render the whole device useless. Like with phones. And apparently, 11:44.720 --> 11:51.840 this now also happens in other areas. So it also has a bit of a sustainability effect, right? 11:52.720 --> 11:58.400 Absolutely, absolutely. I mean, you just have to read normal tech news or even just normal news, 11:58.400 --> 12:04.560 especially with smart home devices, how many are rendered useless because the manufacturers said 12:04.560 --> 12:10.480 that they don't support it anymore or they switch off the update servers or even the connectivity, 12:10.480 --> 12:15.920 the cloud services connected to it. And what can you do with it? And with free software and with 12:15.920 --> 12:22.560 this access and the allowance to install own software on it, these devices can be used for a much 12:22.720 --> 12:29.920 longer time. Absolutely, absolutely. This is a very good point. But why did the commission actually 12:29.920 --> 12:35.840 want to do this? Like, what was the idea behind this article? Three, three eye? 12:37.760 --> 12:44.720 To my knowledge, the main reason was as stupid as it sounds was radars. So radars, for instance, 12:44.720 --> 12:53.920 at airports and these radars work are sometimes interfered by the five gigahertz Wi-Fi network. 12:53.920 --> 13:04.720 So five gigahertz is a usual frequency band in which both these radars work and some Wi-Fi devices. 13:05.920 --> 13:11.440 So for instance, with a router, this router needs to support a certain technology. It's called 13:11.520 --> 13:17.920 DFS for dynamic frequency selection. So when the router detects that this band or this 13:17.920 --> 13:24.560 area of the frequency band is used by something more important, for instance, a weather radar, 13:24.560 --> 13:29.280 then it will immediately switch to another frequency in order to not disturb the weather radar. 13:30.560 --> 13:37.520 And the regulators and some agencies, national agencies, they noticed that there were still 13:37.520 --> 13:43.200 disturbances. So that not all of these routers supported this technology. 13:44.400 --> 13:50.800 Previously, this situation was that device owners of these devices were responsible if they, 13:50.800 --> 13:55.760 for instance, shut down this technology. And that could happen, for instance, that if I have, 13:55.760 --> 14:02.480 as a user, the option in the software to make my router look like it wasn't in the EU, 14:02.560 --> 14:08.160 where this regulation was or where this setting, this technology had to be activated. 14:08.160 --> 14:14.240 So they could, for instance, and that was the thinking of the regulators and of the lawmakers. 14:14.240 --> 14:20.720 These users can basically turn their device, like if it was in the US or in Vietnam or where else. 14:22.160 --> 14:29.120 And by this also increased the signal strength of the Wi-Fi. And to turn off some technologies that 14:29.120 --> 14:36.000 they thought were hindering a really good Wi-Fi connectivity. And now the lawmaker thought, 14:37.200 --> 14:43.280 the current situation is that the users are responsible for it. But it seemingly doesn't really 14:43.280 --> 14:49.840 have an effect. Or there still are cases where there is disturbance with this weather radar, for instance. 14:49.840 --> 14:57.440 So what if we turn around the responsibilities and say that not the users are responsible for it, 14:57.440 --> 15:02.480 but that the manufacturers of these devices and of all devices, not only of routers with 15:02.480 --> 15:08.720 these five gigahertz capabilities, but that all radio device manufacturers basically have to 15:08.720 --> 15:15.440 lock down their devices that they sell in order that only software can be loaded onto them, 15:16.480 --> 15:23.680 that is forced or that cannot be overwritten in order to turn off these technologies or to 15:23.680 --> 15:30.720 otherwise harm the radio spectrum in some other way. And that was the basic idea. So we make it 15:30.720 --> 15:37.360 impossible from the start that something bad can happen with these devices. And also I think it's 15:37.360 --> 15:42.080 important to note that there are also other solutions out there, other than this regulation, 15:42.080 --> 15:47.120 right? So you also have market surveillance authorities who could step in and control the market. 15:47.200 --> 15:53.200 So and that was or that could also be a solution, but it was never discussed as a solution, 15:53.200 --> 15:58.400 but rather this regulation was discussed as a solution. And that's definitely not proportionate. 16:00.480 --> 16:08.160 So we have already covered the timeline a bit and we have already figured out that it's over 10 16:08.160 --> 16:16.960 years now when the radio equipment directive started to float around. Max and Alex both 16:16.960 --> 16:22.720 of you, can you take us through those 10 years very briefly and very quickly so that 16:23.600 --> 16:28.160 I and the listeners have an idea of what actually happened? Yeah, I try to 16:29.760 --> 16:34.880 remind myself, remember that from going through my email archives, which wasn't an easy task, 16:35.760 --> 16:41.360 one thing that stood out was that for a long time we've been quite unclear about the origins 16:41.360 --> 16:45.920 of this radio equipment directive. And what's actually actually happening? Perhaps an interesting 16:45.920 --> 16:53.200 detail is that at the same time in the US, there was also some concern about regulations by the FCC, 16:53.200 --> 17:02.000 which is responsible there. So there some time went into actually understanding what cost, 17:02.000 --> 17:09.120 what like is the European RED, our reaction to what happened in the US or was it the other way around 17:09.120 --> 17:13.760 turned out that the European Union started with this regulation and then the FCC just followed. 17:13.840 --> 17:20.160 But there was a lot of first ordering what's actually going on. And again, as I said, we then 17:20.160 --> 17:26.000 realized that this will be a concrete danger if it was activated because perhaps important to know 17:26.000 --> 17:34.800 is that this article isn't or wasn't activated in 2014 or 2015, like automatically, but in order to 17:35.600 --> 17:42.240 to make this happen and to define which devices are actually targeted by this article and by the 17:43.440 --> 17:49.920 by this regulation and the the imposement of this check of compliance between software and hardware, 17:50.480 --> 17:58.560 there needs to be a delegated act. So like an act by the European Commission to more or less work 17:58.560 --> 18:07.040 out which devices in which form are basically tackled by this article. And then we noticed 18:07.680 --> 18:12.800 new, basically what needs to be done, namely to influence the delegated act that the European 18:12.800 --> 18:19.680 Commission. And so what we did or what I did back then together with other people from the FSFE 18:19.680 --> 18:27.520 to build another new coalition on this to find out what are the stakeholders that we need and 18:27.520 --> 18:34.400 which are also harmed by the radio equipment directive. So we looked into of course three software 18:34.400 --> 18:40.160 communities like the open WRT people, the fryphone people and so on, which were very helpful. 18:40.880 --> 18:47.520 We looked into finding experts for telecommunication. For instance, Harad Veltar was a really good 18:48.080 --> 18:54.400 stakeholder and a really good help to all our activities because he was very knowledgeable with 18:54.480 --> 19:01.600 this. Also in the policy area and the policy area we reached out. So it was created already a few 19:01.600 --> 19:08.800 months later that Felix Reda was a member of the parliament back then, was also blogging about it. 19:08.800 --> 19:18.640 And he and his team, they were very helpful for us to also reach out to the commission. 19:18.720 --> 19:25.520 And what we then formed is to create a funders or like the single point of entry for 19:26.400 --> 19:31.600 all information around the radio equipment directive from the free software perspective. 19:31.600 --> 19:38.080 So we set up a public page about this, summarizing everything, explaining it and at the same time 19:38.080 --> 19:44.320 we opened a joint statement. So more or less like a public letter where we collected the 19:44.320 --> 19:51.600 organizations, also companies, yeah, civil society actors and so on. If they weren't really happy 19:51.600 --> 19:57.200 with what's going on and that this delegated act needs to be drafted in a way that doesn't harm 19:57.200 --> 20:02.400 free software and the different interests that were collected there. So that was very important 20:02.400 --> 20:09.200 to get this public awareness work starting and to have a good foundation for lobbying. What is? 20:09.920 --> 20:16.880 This is a short break for our own cause. Thank you for listening to the software 20:16.880 --> 20:22.240 freedom podcast. Working for software freedom and producing podcasts costs money. 20:23.040 --> 20:29.520 Please consider supporting us with a donation on the fsfe.org/donate at the show notes. 20:29.760 --> 20:42.000 All right. This is now 2016, right? Yeah, roughly. That was a lot of public awareness back then, 20:42.000 --> 20:49.120 yeah. And I found out that you also gave a talk at the cows communication congress. 20:49.920 --> 20:54.720 Yeah, exactly. How was that then and how was this received? 20:55.200 --> 20:59.360 Yeah, that was quite interesting. That was my first time being at the cows communication 20:59.360 --> 21:04.400 congress and I handed in this talk and it got accepted and I thought I will be in a small room 21:04.400 --> 21:10.960 with 10 people sitting at it. And 10 minutes before the talk, I searched my room where I was supposed 21:10.960 --> 21:15.040 to give the talk and I found out that it was the main stage or one of the main stages. 21:16.080 --> 21:21.280 And I'm happy that I only noticed that 10 minutes earlier another day because I would have never 21:21.280 --> 21:28.560 slept. But that was cool. The room was quite full and it was a talk not only on the radio 21:28.560 --> 21:34.080 equipment directive, but also on the router freedom activities and more coming from how we do 21:34.080 --> 21:39.040 policy work at the FSFE and what we've learned. But the result was quite interesting because 21:39.760 --> 21:44.320 many people after the talk came to me and said, well, let's talk about this. We need to know more 21:44.320 --> 21:50.240 about it because I'm concerned and I'm affected and my organization, my local community services 21:50.240 --> 21:56.800 affected. So we found a room and this room was packed, I don't know, with 30, 40 people sitting 21:56.800 --> 22:02.080 in the circle and we were discussing how we get active. And at the time, we knew that there will 22:02.080 --> 22:08.560 be an expert group with a European commission that was working on drafting this delegated act, 22:08.560 --> 22:15.120 which was everything about. So we talked about it, we collected our positions, we again talked about 22:16.080 --> 22:20.800 what the effects might be and how we can influence it and what a good solution may look like, 22:20.800 --> 22:27.360 but also how we get at least one seat in the expert group by the European commission. So there 22:27.360 --> 22:35.360 was a major part of it and also a long story actually, how we finally, as a community or as this 22:35.360 --> 22:41.040 coalition that formed, how we actually got into this expert group. But yeah, that was really great. 22:41.040 --> 22:47.040 That was a big moment in this movement and since we also set up a mailing list, so collected 22:47.040 --> 22:52.800 the community and collected the people who were working on it, that kicked off at cows communication 22:52.800 --> 22:58.560 conquest because a lot of people were joining afterwards. I can only imagine, especially since this 22:58.560 --> 23:04.800 is the first congress for you, how overwhelming this must have been. Yeah, yeah, I mean, I gave many 23:04.800 --> 23:14.000 talks before. That was definitely the largest one so far. And afterwards, you already mentioned 23:14.000 --> 23:20.800 there was an expert group. What was this expert group doing? And yeah, as FSFE, we obviously, 23:22.400 --> 23:27.040 we also applied to participate in this group as well because we wanted to be part of it and also 23:27.040 --> 23:34.160 have access to the documents and to the discussions. So usually these expert groups are pre-filled with 23:34.160 --> 23:42.240 people from national agencies and like the big business associations and so on. So we applied 23:42.240 --> 23:48.800 there and also a few people from our network. But we got rejected. I think it was a few months 23:48.800 --> 23:54.880 later because I think the official reason was we are not in European umbrella organization. So 23:54.880 --> 24:00.720 the problem was that the FSFE didn't have any sub-members. So we had individual members but not 24:00.800 --> 24:06.640 like sub-organizations like companies joining us as an umbrella organization. So unfortunately, 24:06.640 --> 24:12.800 they couldn't accept us there. But yeah, fortunately, we got two people or three people and organizations 24:12.800 --> 24:19.120 part of the expert group that met this criteria. That was the Humboldt Institute for Internet 24:20.000 --> 24:26.160 Society, I think. And also the international amateur radio union who got to see there and also 24:26.160 --> 24:32.720 an individual member that was more or less on our position. And so we knew what was going on 24:32.720 --> 24:39.440 within this expert group. And as usual, there was a lot of administrative stuff and like more on 24:39.440 --> 24:46.320 the meta level discussing about it and how we do this. And there wasn't really like a progress 24:46.320 --> 24:52.320 to be seen. So for us, it was quite boring, a lot of documents, but yeah, never really on the 24:52.320 --> 24:58.000 point of how do we actually define the different classes that are affected. Are we actually 24:58.000 --> 25:05.680 going to do this? And I wasn't invited to use later, I think, 2019 as an ad hoc expert to 25:05.680 --> 25:12.240 process because also the people from all this, our lines that we need to invite more people and 25:12.240 --> 25:17.920 also different opinions on this. There, I could also present the results of a legal study 25:18.800 --> 25:26.240 that the FSFE has been commissioning. And that was a legal study conducted by Till Jäger, 25:26.240 --> 25:33.200 who some of you may know, a really renowned expert on free software licensing. Because we looked at 25:33.200 --> 25:41.200 are these regulations from the radio equipment? Are these actually compatible with, how would you 25:41.200 --> 25:48.160 say that? What I would have to do as a manufacturer in order to comply with free software licenses, 25:48.160 --> 25:54.560 especially with a copy left free software licenses. And that was really good because there we could 25:54.560 --> 26:02.480 also raise again a few more eyebrows and bring the topic of license compliance in combination 26:02.480 --> 26:08.560 with the radio equipment on the park head. And that was good. Although the result of this, 26:09.520 --> 26:16.640 I think it was the eighth meeting of the expert group was also not interesting. Like there was no 26:16.640 --> 26:21.680 progress to be seen and just the decision that we did, they do another consultation and another 26:21.680 --> 26:29.600 impact assessment and so on. So it was very slow. All right, so there like we are now five years later 26:29.600 --> 26:38.320 and there has been an expert group founded in 2017. And hardly anything happened in this regard, 26:38.320 --> 26:45.440 correct? Not from the outside, right. So it was just clear that this is a complex topic and 26:45.440 --> 26:51.520 that the lawmakers or what the radio equipment directive has been thought is, is an easy task 26:51.520 --> 26:57.440 could just put that here and define the different devices that there is a lot of collateral damage 26:57.920 --> 27:02.640 that can be done. And I think this became apparent over the course of the years. 27:03.040 --> 27:11.280 All right. Let's move on to 2020. In 2020, there was a consultation, correct? 27:12.640 --> 27:17.920 Yes, the European Commission started the consultation, like that was more formalized with a 27:18.960 --> 27:25.840 survey form that you had to fill out a few strange questions in it. And we also made another 27:25.840 --> 27:32.560 call to participate in there. But interestingly, we've never seen the results. So the idea was 27:32.560 --> 27:37.920 that this consultation is also input for the impact assessment that is to be done. And more 27:37.920 --> 27:42.880 or less, that was the last sign that we've received from the European Commission, at least in the 27:42.880 --> 27:48.800 public. So there was this consultation. No follow up. I've queried the responsibly people at the 27:48.800 --> 27:53.920 European Commission. Yeah, I guess for one or two years asked, where are the results of the 27:53.920 --> 28:01.040 consultation? Are they as negative towards activating the delegated act or coming up with the 28:01.040 --> 28:06.400 delegated act as the feedback beforehand? And where's the impact assessment that you promised? 28:06.400 --> 28:12.000 And there was that silence more or like, yeah, we are working on it. And I have to say there 28:12.000 --> 28:18.560 that there was the last sign that I've received or the non sign that I've received until I actually 28:18.560 --> 28:25.520 left the FSFE in 2022. And as Alex said, the topic only popped up once a year or so since then. 28:26.000 --> 28:34.560 Thank you very much, Max, for taking us through this full timeline and it is rather packed with 28:34.560 --> 28:40.160 events happening there. But what happened afterwards? Then you handed over to Alex and Alex has already 28:40.160 --> 28:48.000 pointed out this has only happened like this topic only popped up once a year again. But in 2025, 28:48.960 --> 28:56.000 there was then finally the final impact assessment that was published. Alex, can you take us through this 28:56.000 --> 29:03.440 and what happened there? So it was never that nothing happened. So the expert group met and people 29:03.440 --> 29:08.080 were discussing the radio equipment directive. Often we got questions. So what's the status since we 29:08.080 --> 29:14.640 also still had the website or still have it where we talk about it. And people were asking, people 29:14.640 --> 29:20.800 were asking not only us, but also to commission. And what I figured out is that, for example, 29:20.800 --> 29:28.000 the expert group met on this article to discuss it. And the problem is these expert groups is that 29:28.000 --> 29:33.760 if you are not part of the expert groups, you only get the minutes and the agenda. So basically, 29:33.760 --> 29:39.600 first I got the agenda, then I called Max said, hey, they are discussing the article. Can we discuss 29:40.000 --> 29:44.720 again what they might discuss? And then we have seen the minutes. We are going through the minutes. 29:44.720 --> 29:50.640 And to be honest, it was still super unclear what they are doing. And it always felt like they are 29:51.520 --> 29:57.920 ventilating the question. And there is absolutely no room for progress other than just killing 29:57.920 --> 30:05.040 the whole thing. So my gut feeling is that the commission didn't want it to kill their own file. 30:05.040 --> 30:11.600 So they came up with this article. It was their idea. And they shied away from just saying, 30:11.600 --> 30:17.840 we don't come up with the delegated act. And we believe this article as it is. But nothing 30:17.840 --> 30:22.800 will be enforced. Nothing will be changed. There's just an empty article, so to say. And that's 30:22.800 --> 30:28.000 the thing they didn't want it. They were desperately seeking for a way out. Obviously, they didn't 30:28.000 --> 30:35.200 found one. And what they then again did is to run another consultation. They were also inviting 30:36.400 --> 30:42.160 other experts. And we are kind of like outsourcing the question. So they went to Kapgemini, 30:42.160 --> 30:50.080 which is basically a consultation company, and asking them if they can help them to find a way out. 30:50.640 --> 30:54.480 And to also come up with this impact assessment so that the commission don't have to write it, 30:54.480 --> 31:00.560 but someone else. And together with this other consultations, other expert group meetings, 31:00.560 --> 31:05.920 we finally then got from Kapgemini, the impact assessment. And also in between, 31:05.920 --> 31:13.280 there had been a study or like a paper or something like this where they discussed options on 31:13.280 --> 31:18.400 basically how to how to get out or how to regulate this article. And all of these solutions 31:18.800 --> 31:24.400 always went down to, actually, you can't really decide on which devices you want to regulate. 31:24.400 --> 31:33.200 So you will over regulate at any means. And the best idea is to just leave it as it is and 31:33.200 --> 31:38.240 don't not come up with this delegated act. And that's also then again, what basically 31:38.960 --> 31:45.840 the impact assessment set. And now if you go back to the consultation page, so they were running 31:46.400 --> 31:52.560 like from April to May last year in 2025, they were running another feedback call for evidence 31:52.560 --> 31:58.800 for the impact assessment where they discussed some of these options. And now the feedback was closed. 31:58.800 --> 32:05.040 And one year later, basically a few days ago on the 20th of January this year, 2026, 32:05.600 --> 32:12.640 if you go to this page, you can see the initiative has been abandoned. So they stopped it. So this 32:12.640 --> 32:18.480 pretty much looks like they will not come up as a delegated act, which is great news. And also 32:18.480 --> 32:25.440 victory of our 10 years activity here that Max started back in the days together with all of the 32:25.440 --> 32:32.640 other stakeholders he just mentioned. And just like recently a few days ago. And so even when we 32:32.640 --> 32:37.920 started to discuss this podcast episode, it was not clear to us that this will be the result. So 32:38.480 --> 32:44.160 we just also figured out a few days ago. And so yeah, it looks like that there will never be a 32:44.160 --> 32:51.120 delegated act. The article remains so to say empty. So the article is in place. It says, right, 32:51.120 --> 32:58.720 so the devices are not allowed. But at the same time, they don't tell us which devices. So and by 32:58.720 --> 33:05.280 that one could say the article remains empty. Nothing happens. Everything can continue as it is. 33:06.240 --> 33:11.600 From what the commission website says, they also won't come up with a delegated act. 33:11.600 --> 33:18.400 So however, we will continue to monitor this. You never know. But like the from the website, 33:18.400 --> 33:25.440 the official processing of the commission is now that this is basically stopped. And in the 33:25.440 --> 33:33.040 impact assessment that Kapgeemini wrote, they presented this. Basically what they wanted to come 33:33.040 --> 33:37.360 up with in the impact assessment, that was also what they presented to the expert group. 33:37.920 --> 33:42.400 And I think there was a few months ago. And we got the slides from this presentation. And I also 33:42.400 --> 33:48.320 discussed this with Max again, how to read the slides. And from there was also clear that if they 33:48.320 --> 33:53.200 write it in the impact assessment that they will suggest to not come up as the delegated act, 33:53.200 --> 33:58.400 that was then ultimately also in the impact assessment where also the study by Tilliega was 33:58.400 --> 34:05.440 quoted. So the FSFA and Tilliega is also quoted in the impact assessment as a reason for not 34:05.440 --> 34:11.920 yeah, over regulating this or not regulating this in this discussed ways. And so one could say that 34:12.560 --> 34:18.560 yeah, our activities, but also the study helped to come up with the impact assessment that told 34:18.560 --> 34:25.680 the commission, please stop this. This is the best outcome you could have had or? 34:26.160 --> 34:32.960 Yeah, I mean eight years earlier would have been also fine I think. So that would have saved 34:32.960 --> 34:41.040 us a lot of resources, a lot of discussions, a lot of papers, a lot of studies. And so I do believe it 34:41.040 --> 34:49.120 was clear to some extent very, very early that there is not really a solution to it and that the 34:49.120 --> 34:56.320 delegated act should please not come up. But however, yeah, it now took 10 years. So I wouldn't 34:56.320 --> 35:02.000 consider this as the very best outcome, but it's it's a good outcome for now. And it's also good 35:02.000 --> 35:05.200 that we are not going to discuss this for another 10 years. Let's put it like this. 35:07.440 --> 35:13.280 Are you both happy now that you don't have to touch this as regular as you have done in the past 10 35:13.280 --> 35:23.520 years? So to be honest, in a set, I would still money to this. So since I'm not trusting the website 35:23.520 --> 35:29.200 of the European Commission here, no, really. So I really do believe we made a major step and I really 35:29.200 --> 35:37.200 do think there won't be any delegated act. However, we will still have a look at this. I do not expect 35:37.680 --> 35:44.240 to see more studies, more consultations, more impact assessment and whatnot. So whatever happens, 35:44.240 --> 35:50.880 I hope I won't have to read that much anymore. And also I do believe that there is now a stop 35:50.880 --> 35:56.560 to everything towards this. But however, since the law still says the Commission can kind up 35:56.560 --> 36:02.880 with a delegated act as long as the law remains in place, I think it's a good idea to monitor this, 36:02.880 --> 36:08.160 even if chances are very, very low that the Commission will do another U-turn and come up as 36:08.160 --> 36:14.240 a delegated act. So everything looks very promising at the moment. Sorry, let me please add to that. 36:14.240 --> 36:21.200 I think the delegated act and like the article 3.3.1, that's from the desk, I would 36:21.200 --> 36:26.720 recreated that. It's very unrealistic. But I think the general idea of turning around this 36:26.720 --> 36:34.640 responsibility of compliance with radio regulations, that might persist. Because it's intriguing 36:34.640 --> 36:39.200 for also for national regulators or for national agencies like the Buenos Aires-Arcanturian 36:39.200 --> 36:46.160 Germany, for instance, that they don't have to monitor or they are not faced with non-compliant 36:46.160 --> 36:53.840 devices and having to circle around in cities to find these interferences. So instead, just 36:53.920 --> 36:59.840 regulate the manufacturers to basically shut off everything that might interfere with the 36:59.840 --> 37:06.400 radio. So I think the idea will persist in a way and so it's very important that Alex and 37:06.400 --> 37:11.760 the other policy colleagues and also the whole community keeps an eye on what's going on and 37:11.760 --> 37:16.960 whether these ideas will pop up again in some other form and some other regulations and some other 37:16.960 --> 37:25.280 acts, for instance. I'm pretty sure that will happen again. And also to add to this, it was back 37:25.280 --> 37:30.400 in the days, it was a DG roll, right? So and the commission is huge. So it might absolutely be 37:30.400 --> 37:35.520 possible that there's another DG that never heard of the radio equipment directive nor took part 37:35.520 --> 37:41.200 in the discussions around it and comes up basically with this idea. And for this, I completely agree 37:41.280 --> 37:47.520 with Max so that we have to still continue to explain to decision makers how all of this works 37:47.520 --> 37:53.840 and what harm could happen if you over-regulate or if you do not look specifically for, 37:54.640 --> 37:56.880 like for example, free software development in this case. 37:59.680 --> 38:06.160 Is there a good solution that you to think that could happen to actually really target the 38:06.160 --> 38:10.400 problem that has been raised by the radio direct equipment directive? 38:12.800 --> 38:18.000 I mean, to be honest, if you run the airport, there should be some sort of airport security 38:18.000 --> 38:24.480 around it, right? So we put so many efforts in to check every person who is going into the 38:24.480 --> 38:31.280 airport and out of the airport. And I think the same should be true for like devices that 38:31.360 --> 38:39.840 interfere with a normal traffic of an airport that's maybe comparable to these laser attacks we see 38:39.840 --> 38:44.240 at the moment at the airport. So there need to be solutions to this to guarantee the safety and 38:44.240 --> 38:52.560 security of these environments. And this could not be to regulate the device, but maybe you should 38:52.560 --> 38:59.440 think about that about airport security and airport safety, not only by coming up with scanners, 38:59.520 --> 39:05.840 but also with other devices that make sure that the airport can run smoothly, 39:05.840 --> 39:11.520 or even like making sure that, for example, some sort of surveillance authorities are around there 39:12.000 --> 39:18.640 and make sure to check that the regular signals are not interfered. 39:19.360 --> 39:24.880 And I would also say that the protection of the European market ought to actually assess the 39:24.880 --> 39:30.800 imports that we are doing of technological products. I think that's also a very challenge for 39:31.360 --> 39:37.040 the European market and the EU in general. And I think a lot of things could be done there to 39:37.040 --> 39:44.880 improve the handling of goods of products that are not complying with the different regulations 39:44.880 --> 39:49.040 and the different policies that we're having on the European market. So I'm thinking about, 39:49.200 --> 39:54.640 yeah, especially the imports from the Far East there for just a little money that is not even 39:54.640 --> 39:59.840 carrying a CEO symbol, for instance. I think that is one task. And another thing would be also to 39:59.840 --> 40:05.520 have more infrastructure resilience. We are talking about this a lot right now in the current 40:05.520 --> 40:12.080 policy area. But I mean, yeah, if rather radars of an airport can just be disturbed by a five-kicker 40:12.080 --> 40:17.840 hurts the router, something is wrong, right? Like if this is really tackling or endangering the 40:18.720 --> 40:25.280 the very fundamentals of airport security, then we have to think about like at least of backups 40:25.280 --> 40:31.760 or backup solutions here. And yeah, not everything can be just done with an regulation if you have 40:31.760 --> 40:40.080 people who are willingly wanting to harm the safety of an airport. Yeah, there will not be hindered 40:40.080 --> 40:45.600 by a radio equipment directive, I guess. But in general, I think there's also no perfect solution 40:45.600 --> 40:53.360 to it. We will have situations where technology or tools can be misused or abused. If you think of 40:53.360 --> 40:58.160 just a kitchen knife, you can obviously make bad things and harmful things with a kitchen knife. 40:58.160 --> 41:04.880 And nobody would come up with an idea that a kitchen knife ward in the supermarket needs to have 41:04.960 --> 41:11.360 technological features that prevent me from harming people. I mean, it's in the end, it's perhaps 41:11.360 --> 41:17.440 we also have to accept that things can go wrong and we need to have some certain decree of resilience 41:17.440 --> 41:25.360 in our societies and also our technologies. I think it's a good way to come to a close, 41:25.360 --> 41:31.840 is there something you would like to add in a final sentence that is very outstanding to you now 41:31.920 --> 41:39.840 or that you can think about when you talk about radio equipment directive. Alex, you want to go first? 41:41.040 --> 41:49.280 I mean, this is also something which I'm continuously repeating. All of these activities we follow 41:49.280 --> 41:57.040 are mid to very long term and 10 years is a really long time. And we have seen that a couple of 41:57.040 --> 42:04.960 people in the office of E had worked on this. And I think it shows that we are capable to do this. 42:04.960 --> 42:11.440 And this is thanks to our donors who allow us to do these kind of long term activities to follow up. 42:12.560 --> 42:19.120 If you have new team members and that we have good handovers that we even are still in contact 42:19.120 --> 42:25.760 even after people left. And I think that's for me a very nice learning. So that this happens, 42:25.760 --> 42:33.920 that we can win even after 10 years. And also again, it shows the importance of having this 42:33.920 --> 42:39.280 independence, the efforts that we have where we can pick our topics by ourselves and make sure 42:39.280 --> 42:45.680 that we can work on those kind of topics even for 10 years and that we have the resources to do so. 42:47.200 --> 42:50.640 In this regard, I really want to thank our donors who make this possible. 42:51.120 --> 42:52.000 Thank you very much. 42:52.000 --> 42:57.120 Yeah, I can only agree and I would have to say also thank you to the FSFE in general and for the 42:57.120 --> 43:04.240 strategy that we have because this file really wasn't really, I would say sexy or very attractive 43:04.880 --> 43:11.760 as a public awareness or as a fundraising thing from the start on, right? We noticed that it's not 43:11.760 --> 43:17.840 really really concrete for many people not easy to explain, but that I and also today Alex and 43:17.920 --> 43:22.240 all the others had the opportunity to continue the work on this because we thought and we were 43:22.240 --> 43:27.760 convinced that this is an important thing. And bad things can happen if we don't do anything about 43:27.760 --> 43:33.680 it. So that's great that the FSFE actually also following up on activities that are not the 43:33.680 --> 43:40.720 catchiest one on the first side. All right, thank you very much you too. That's really kind 43:41.360 --> 43:46.880 closing words. I have nothing more to add than to say thank you to the two of you and of course 43:46.880 --> 43:51.760 say thank you to our donors and listeners. Thank you so much for being here. Thank you so much 43:51.760 --> 43:57.760 for walking us through this radio equipment directive giving us some context here and yeah, 43:58.320 --> 44:03.840 doing this episode with me. Thank you very much. Yeah, thank you, Bonnie. Thank you for having me. 44:04.960 --> 44:10.960 Yeah, thank you, Bonnie and also again, thank you, Max, for helping me so much during the last 44:10.960 --> 44:16.880 years to be able to continue this. You're welcome, much appreciated. 44:20.320 --> 44:26.480 Thank you. This was the Software Freedom Podcast. If you liked this episode, please 44:26.480 --> 44:31.920 recommend it to your friends and rate it. Stay tuned for more inspiring conversations that 44:31.920 --> 44:36.160 explore the importance of software freedom and its impact on our digital lives. 44:36.480 --> 44:43.200 This podcast is presented to you by the free Software Foundation Europe. We are a charity 44:43.200 --> 44:49.680 that works on promoting software freedom. If you like our work, please consider supporting us 44:49.680 --> 44:56.880 with our donation. You find more information under fsfe.org/donate. Thank you so much. Thank 44:56.880 --> 45:02.640 you so much for listening and bearing with us through this radio equipment directive. Bye bye.

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