HADOPI / Olivennes Bill

French law implementing the "graduated response", where internet access can be cut off after suspicion of repeated filesharing

EU Court of Justice: Censorship in Name of Copyright Violates Fundamental Rights

Paris, November 24th, 2011 — The European Court of Justice just rendered a historic decision in the Scarlet Extended case, which is crucial for the future of rights and freedoms on the Internet. The Court ruled that forcing Internet service providers to monitor and censor their users' communications violated EU law, and in particular the right to freedom of communication. At a time of all-out offensive in the war against culture sharing online, this decision suggests that censorship measures requested by the entertainment industry are disproportionate means to enforce an outdated copyright regime. Policy-makers across Europe must take this decision into account by refusing new repressive schemes, such as the Anti-Counterfeiting Trade Agreement (ACTA), and engage in a much needed reform of copyright.

UN Report on Freedom of Expression Bashes G8, ACTA, Hadopi.

Paris, June 3rd 2011 – A report on Internet policy by the UN Special Rapporteur on the protection of freedom of opinion and expression will be presented today. The report's guidelines aimed at protecting fundamental freedoms clash radically with the course set by governments of the G8. This report will be essential to help citizens hold their governments accountable for policies undermining online freedoms.

G8 Leaders Give In to Special Interests, Fail to Commit to Freedoms

Paris, May 27th, 2011 – Today, the G8 released its final communiqué, which fails to offer balanced and concrete proposals regarding Internet policy. After convening an illegitimate eG8 during which special interests and governments came closer than ever, it is now clear that the G8 focus on Internet wanted by French President Nicolas Sarkozy comes down to a dangerous takeover of Internet governance.

“eG8 Forum”: A Smokescreen For Governmental Control Of The Net

Paris, May 17th, 2011 – Next week, Nicolas Sarkozy will be convening the “eG8 forum”, just two days ahead of a G8 summit that will focus on Internet policy. Disguised as a pseudo-consultative process, this staged show could mask the actual will of governments to increase state control over the Internet. Beyond the smokescreen of the “forum”, citizens must hold world leaders accountable for their actions, and denounce the numerous ongoing attempts at undermining our freedoms online.

La Quadrature du Net, along with several artist and citizen organizations, calls on everyone to participate in creative action at http://g8internet.com.

Sarkozy Exports Repressive Internet


UPDATE (October 30th): Following the announcement by the Dutch Minister of Culture that he would not attend the conference, and would instead send an Ambassador to voice the opposition of the Dutch government to three-strikes schemes, the conference has been postponed to an undetermined date.

Hadopi? Not Even Scared!

The Minister of Culture1 and the Hadopi itself2 have been prompt to announce the launch of the Hadopi's operations: here we are, the Hadopi is ready to send its first mail to Internet users who have been caught in Trident Media Gard's nets, the private society empowered by rights holders representatives3 to monitor file sharing on peer-to-peer networks. However, analysis of enacted laws and decrees calls for more caution on this potential threat. The Hadopi might be unable to impose penalties, but it could be that the Hadopi should not even be authorized to send any warning without prior judicial ruling.

  • 1. During Council of Ministers of July 28th 2010, the minister of Culture and Communication has claimed that: “The Hadopi is now ready to start its action. As an independent public authority, it will fix the suitable time to send by mail the first warnings to offenders, based on referrals transmitted by rights owners.” – throughout this paper, translation of French quotes and French law and decrees is made by the author.
  • 2. “The Hadopi is ready to kick off its action with regard to three-strikes measures”, has said Marie-Françoise Marais, president of the Hadopi, during a press conference on Monday June 28th 2010.
  • 3. Civil Society of Phonographic Producers (SCPP), Civil Society of Phonograms in France (SPPF), Society of Music Authors Compositors and Editors (SACEM), Society for Managing Mechanical Reproduction Right (SDRM) and Association for Fighting Audiovisual Piracy (ALPA).

Europe only goes half-way in protecting Internet rights.

Brussels, November 5th, 2009 - An agreement has been reached on the Telecoms Package. The new text1 aimed at protecting Internet access includes positive elements such as a reference to the right to a "prior fair and impartial procedure" as well as the presumption of innocence. It also contains ambiguous language and potential loopholes. This rather unambitious provision will now be up for interpretation, and it remains to be seen whether it will invalidate Net access restrictions such as "three strikes" policies.

HADOPI raises from the dead, still as flawed

After the groundbreaking decision1 from the Constitutional Council of France, last month against the three strikes law adopted in May, the Government is re-introducing a reworked version of the so-called "graduated response". The inherent flaws of this system, aimed at fighting exchange of entertainment content through Internet, makes this new bill as dangerous as its predecessor.

Amendment 138/46 adopted again. Internet is a fundamental right in Europe.

Strasbourg, May 6 2009 − The debates on the Telecoms Package, thanks to a remarkable citizen mobilization, led to an extremely strong recognition of the access to internet as a fundamental right with the re-adoption of amendment 138/46 in second reading by a qualified majority. It is the final blow against three-strike laws such as Nicolas Sarkozy's HADOPI bill, which are explicitely banned. The European Parliament nevertheless adopted a soft compromise on issues of network equity: no strong protection against “net discrimination” was adopted.

URGENT: Ask MEPs to adopt Citizens' Rights Amendments on May the 6th.

ALERT: last minute trick to prevent European Parliament to vote on amendment 138/46 by changing the order of votes

A dedicated campaign page regarding the issue below has been put on the wiki,
including arguments, counter-arguments, and advice on how to contact MEPs.

Paris, May 4 2009 - Threats to citizens' basic rights and freedoms and to the neutrality of Internet could be voted without any safeguard in the EU legislation regarding electronic communication networks (Telecoms Package). EU citizens have two days to call all Members of the European Parliament (MEPs) to ask them to vote for the “Citizens' Rights Amendments”, in the second reading of the Telecoms Package. These amendments include all the safeguards that were removed in the “compromise amendments”, as well as provisions protecting against “net discrimination” practices and filtering of content.

Victory for EU Citizens! Amendment 138 was voted again.

Strasbourg, April 21 2009 - Once again, the European Parliament has demonstrated it can resist pressure and stand for the rights and freedoms of citizens. Amendment 138 (now renumbered amendment 46) was adopted today in ITRE committe, in Strasbourg.

URGENT: Two days to help Catherine Trautmann protect EU citizens.

Paris, April 20th 2009 − The Council of the EU is strongly pushing Catherine Trautmann – rapporteur of the main directives of the "Telecoms Package" – to accept a useless, neutralized version1 of amendment 138. This amendment, opposing to “graduated response” – or “three strikes” – schemes, has been overwhelmingly adopted by the European Parliament in its first reading on September 2008, and is crucial for safeguarding EU citizens' rights and freedoms. La Quadrature du Net calls European citizens to urge their MEPs seating in ITRE committee to support the rapporteur by refusing any compromise neutralizing amendment 138 (now renumbered 46) on April 21st vote.

  • 1. The Council wants to make it a merely indicative recital instead of an article that Member States must transpose into their law

Citizen safeguards striked out in EU Council

Paris, November 27th 2008 − The EU Council reached a political agreement on the telecommunication reform (“Telecoms Package”) on Thursday, Nov. 27th. On one hand, crucial modifications to the text finally doom Nicolas Sarkozy's project to impose graduated response to the whole Europe. On the other hand, important safeguards to citizen's fundamental rights and freedoms were deleted. The agreed text lowers the protection of privacy in the EU, in the name of “security”.

Say No to Sarkozy's European Takeover!

Paris, November 20th 2008 − Essential rights and freedoms for Internet users are at stake. On November 27th, The Council of EU may open the door to an pan-european "graduated response" by removing Amendment 138, voted by 88% of the European Parliament from the “Telecoms Package”. Academic studies confirm that the fundamental principles of proportionality and privacy may also be threatened by the ministers of the Member States, along with this blatant denial of everyone's right to a due trial.

How French Presidency Hides a Political Laundering Inside EU Telecoms Package

Everybody agrees that European Union suffers from a democratic deficit which deepens the gap between European institutions and their citizens. What is more unknown is that one of main reasons for this is that Member States often use European Union to achieve what can be spelled as “political laundering”. The “Telecoms Package” gives a perfect example of such a deceptive maneuver, aimed at legalizing an european-wide "graduated response" against citizens, and stretching it even deeper as usual. How does it work?

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