The European Parliament delegation led by Catherine Trautmann recently gave up on protecting EU citizens against arbitrary restrictions of their Internet access. In order to reach an agreement and avoid a clash with Member States, the Parliament retracted its support to the core element of notorious "amendment 138" : prior judicial decision before restrictions to access and usage of the Internet. This protection of citizens' fundamental rights against arbitrary restrictions of their Internet access came a long way. Here is a little restrospective on the "stations of the cross" of amendement 138.

(See also the rewording of amendment 138, preserving its core principles while adressing legal uncertainty, that was transmitted to MEPs last week)

Paris, October 24th, 2009. On Thursday, the Constitutional Council gave its decision1 on HADOPI 2, the legislative patch proposed by the French government in order to cricumvent the Council's refusal of the core provisions of HADOPI 1. La Quadrature du Net deplores a weak decision that does not correspond to the progressive protection granted in the decision on HADOPI 1, which recognized the Internet as instrumental to the freedom of expression and communication. It is a sad news for democracy and the rule of law, and the beginning of the failure of this new attempt to enforce a copyright regime that is fundamentally unadapted to the digital age.

1. 1. Read the decision: Voir la décision sur le site du Conseil constitutionnel : http://www.conseil-constitutionnel.fr/conseil-constitutionnel/root/bank_...

Brussels, Sept 30th - The European Parliament decided on Sept. 28th that it would not attempt to fix the provisions endangering Net neutrality in the "Telecoms Package"1. Only "amendment 138"2, which protects citizens against restriction of their fundamental rights, will be negotiated during the conciliation procedure3 that is just about to start. In the upcoming meetings, either the rapporteur Trautmann will have the courage to stand in order to defend people's rights to access the Net, or the Parliament will just bow before the Council and give up European citizens' freedoms.

1. 1. 22-page dossier on Net neutrality in Telecoms Package : http://laquadrature.net/files/LaQuadratureduNet-DOSSIER_Protecting_Net_Neutrality_in_the_Telecoms_Package.pdf
2. 2. An analysis of why the original amendment 138 matters:http://www.laquadrature.net/en/telecoms-package-why-european-parliament-must-fight-for-amendment-138
3. 3. A guide to conciliation: http://www.laquadrature.net/en/telecoms-package-preparation-for-a-third-reading

Paris, 12 May 2009 - French "HADOPI" law implementing "three strikes" policy was adopted by a short majority in National Assembly, after a previous rejection on April 9th1. Members of the majority right-wing party of N. Sarkozy, under high pressure, voted this obsolete text, massively rejected by public opinion and directly opposed by Europe. This legislative process' debacle, along with an "hadopigate" case2, opens the way to credible solutions for funding creation in the digital age that have to be compatible with civil liberties3. HADOPI is stillborn, the debate shall begin!

1. 1. French constitution allows for the government to present again a law that was rejected...
2. 2. An executive from TF1, the first TV channel owned by N Sarkozy's personal friend, M. Bouygues, was fired for having sent a private email to his elected representative expressing his personal opinion about the law: http://ecrans.fr/Vire-de-TF1-pour-s-etre-oppose-a,7132.html(fr)
3. 3. Look at Philippe Aigrain's proposals (co-founder of La Quadrature du Net): http://www.laquadrature.net/fr/livre-internet-creation-de-philippe-aigrain, and other similar proposals in the world : http://www.ip-watch.org/weblog/2009/05/11/the-world-is-going-flat-rate/

Paris, 29 avril 2008 - A new version of amendment 138/46 was agreed today between the European Parliament and the Council of the EU. Instead of blocking immediately the HADOPI-style fake justice for the entertainment industries, one will be able to stop it only after a long procedure in front of the European courts. In face of an unjustified pressure from the Council asking to suppress the reference to the role of the judiciary, the Parliament gave priority to a quick agreement on the Telecoms Package rather than voicing strongly its support to citizen rights.

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.

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