Published: THURSDAY, OCTOBER 6, 2005
BERLIN: The European Commission on Wednesday called on Neil Barrett, a former computer hacker who is now an expert on fraud, to monitor whether Microsoft is complying with orders to change the way it operates in Europe.
Barrett, a British author, professor and witness in criminal cases against hackers, was named monitoring trustee to the commission. In the paid position, Barrett is likely to play a role in the enforcement of orders for Microsoft to share source code for its server software with competitors and provide a version of Windows that does not include its Windows Media Player software.

The European case is a major front in the legal battle pitting the intellectual property rights of commercial software makers like Microsoft against developers of open-source software, who say having fewer copyright hurdles would benefit innovation.
Open-source advocates criticized the choice of Barrett, noting that Microsoft itself had proposed him as well as other candidates the commission had considered for the job.
"I find it funny that Microsoft was allowed to choose its own judge in this case, so to speak," said Bernhard Reiter, the coordinator for Germany of the Free Software Foundation Europe, one of the groups that has sued Microsoft in European court.
T
odd, a spokesman for the EU competition commission, said, "We think he will be a truly independent adviser."
Microsoft welcomed the appointment.
"We look forward to working constructively with Mr. Barrett to ensure the company's full compliance with the commission's decision," Dirk Delmartino, a Microsoft spokesman, said in Brussels.
Barrett, through a spokeswoman, declined to comment.
Also on Wednesday, the EU competition commissioner, Neelie Kroes, met for a 45-minute breakfast with Steven Ballmer, the Microsoft chief executive. After the meeting, Kroes told AFX that she and Ballmer planned to meet every four months.
Last month, Kroes said that the commission was considering opening new cases against the company. "We have had informal complaints, and we are using our time now to look at them," she said. "We're not going to wait and do nothing."
Barrett worked from 1993 through 1999 for the French computer services company Bull
Information Services, where he advised the Inland Revenue and Customs agencies of Britain on Internet security issues.
Since 1999, he has been the technical director of Information Risk Management, a London company that advises businesses on computer security.
Barrett also teaches at the Royal Military College of Science at Cranfield University in Shrivenham, England, and at Glamorgan University in Wales. He has published five books on Internet crime. His latest, "Traces of Guilt," recounts his adolescence as a computer hacker and evolution to expert witness on computer hacking cases.
In the course of his work, Barrett has criticized Microsoft. In a December 2001 article published by Silicon.com, an online magazine for computer executives, Barrett was quoted as criticizing Microsoft for pressuring makers of security software to avoid disclosing details of attacks on Microsoft software.
Barrett also accused the U.S. software company of having a plan to corner the market in Internet security by withholding key details of its software. "Microsoft will attempt to control access to vital information," he was quoted as saying, meaning the company could sell security software "at any price they want to. To me that's a monopolistic situation."
As trustee to the European Commission, Barrett will help assess compliance with the commission's 2004 ruling that Microsoft abused its near-monopoly in desktop operating systems to squeeze out rival makers of media players and to prevent competitors from designing software that worked with its servers.
Microsoft, which is appealing the commission's ruling and its497 million, or $596 million, fine, has said it is cooperating fully with the commission's order.
But in September, Microsoft filed a second suit at the European Court of First Instance in Luxembourg challenging the commission's order that it give away its secret server-operating protocols to competitors.
Microsoft also has been increasing efforts to improve relations with European governments, some of which are opting for operating systems based on open standards.
In February in Prague, and in April in Dubai, Microsoft drew more than 500 European governmen
t officials to two gatherings called Government Leadership Forums, where company executives discussed the concerns and software needs of government administrators.
Microsoft's Government Security Program gives European governments access to its source code to address security and privacy issues.
"The Free Software Foundation Europe remains convinced that Microsoft has not yet complied with the conditions and is still looking for loopholes in the conditions which will allow them to postpone any release of documents necessary for interoperability," said Jonas Öberg, vice president of the Free Software Foundation Europe. "We hope that this delaying tactic will not work with Mr. Barrett and that Microsoft will not be allowed to use the loopholes."