Copyright Law

France Passes ?Three-Strikes? Law

By soulxtc

Defies a European Parliament measure passed last week prohibiting EU governments from cutting off a user’s Internet connection without a court trial, and which also observed that “Internet access is a fundamental right such as the freedom of expression and the freedom to access information.”

Today the French National Assembly formally passed the controversial ?Creation and Internet? law by a narrow 296 to 233 margin.

The legislation, backed by President Nicolas Sarkozy, and surprisingly defeated in the same body last month, calls for the creation of the Haute Autorité pour la Diffusion des Oeuvres et la Protection des droits sur Internet (HADOPI), a new govt agency whose task it would be to sanction those accused of illegal file-sharing.

Offenders would receive two separate warnings about their illegal activities before losing Internet access for from 2 months up to a year, with the names of the ?three-strikers? appearing on a blacklist to prevent ISP shopping. To make the plan more palatable to ISPs concerned about the loss of revenue, disconnected file-sharers would STILL have to keep paying for their Internet service despite losing their connection.

Rival Socialists and others argue the law kills freedoms by denying accused Internet pirates the right to challenge the charges against them. Others fear it will pave the way for Big Brother-style intrusions by the government into the private lives of citizens.

The law’s approval in the National Assembly defies a European Parliament measure passed last week prohibiting EU governments from cutting off a user’s Internet connection without a court trial. The European Parliament also adopted Amendment 138/46 to a telcom package stating “that Internet access is a fundamental right such as the freedom of expression and the freedom to access information.”

Considering that Jérôme Bourreau-Guggenheim, who works for the French broadcaster TFI, was fired for ?strategic differences? with his employer for expressing his opposition to the legislation to his member of Parliament, it’s no surprise the French govt is ignoring the European Parliament, at least for now.

The final adoption of the law is still subject to vote of the Senate, which is expected to take place tomorrow.
jared@zeropaid.com

Full post as published by ZeroPaid on May 12, 2009 (boomark / email).