HADOPI / Olivennes Bill | La Quadrature du Net

HADOPI / Olivennes Bill

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

Europe only goes half-way in protecting Internet rights.

Submitted on 05 November 2009
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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.

  1. 1. http://www.laquadrature.net/wiki/Telecoms_Package_Amendment138_compromis...

HADOPI raises from the dead, still as flawed

Submitted on 13 July 2009
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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.

[ArsTechnica] French « 3 strikes » law returns, now with judicial oversight!

Submitted on 10 July 2009
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The French Senate has once again approved a reworked version of the country's controversial "three strikes" bill designed to appease the Constitutional Council. Instead of a state-appointed agency cutting off those accused of being repeat offenders, judges will have the final say over punishment. [...]

Bring in the judges

Not content to let the idea die, President Nicolas Sarkozy's administration reworked the law in hopes of making it amenable to the Council [...]

[NYTimes] French Council Defangs Plan to Crack Down on Internet Piracy

Submitted on 10 June 2009
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PARIS — The highest constitutional body in France on Wednesday defanged the government’s plan to cut off the Internet connections of digital pirates, saying the authorities had no right to do so without obtaining court approval.

The decision, by the Constitutional Council, which reviews legislation approved by Parliament before it goes into effect, is a major setback for the music and movie industries, which had praised the French law as a model solution to the problem of illegal file-sharing.

[BoingBoing] France's three-strikes copyright rule is unconstitutional and hence dead

Submitted on 10 June 2009
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All sanctioning power (ie. disconnecting internet users) has been removed from the HADOPI.

[NYTimes] French Anti-Piracy Proposal Undermines E.U. Telecommunications Overhaul

Submitted on 07 May 2009
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BERLIN — The European Parliament on Wednesday rejected a long-planned revision of the Continent’s telecommunications laws because of a controversial provision to punish Internet pirates.

In Strasbourg, the Parliament’s lower house, by a vote of 404 to 56, passed an amendment to the telecommunications package making it illegal for any E.U. country to sever Internet service unless a citizen is found guilty in court, effectively blocking the broad revision. [...]

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

Submitted on 06 May 2009
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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.

Submitted on 03 May 2009
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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.

Submitted on 21 April 2009
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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.

Submitted on 19 April 2009
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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

[BusinessWeek] France Gets Tough on Net Piracy

Submitted on 09 April 2009
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La Quadrature du Net, an internet freedom pressure group, organised a campaign in which tens of thousands of websites across the country and beyond went dark in a 'black-out' protest against the measures.
Calling the bill a 'monster, the group criticised the majority deputies as pawns of President Sarkozy, who has made the bill a point of pride: "The powerless opposition confronted a wall of 'army boots' for the majority that were only there to vote according to the desires of the executive.

[France 24] Dispute grows over France's piracy law

Submitted on 12 March 2009
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In France, a dispute grows over the bill 'Creation and Internet', which aims to control the downloading of cultural works on the net. The bill is under consideration in the National Assembly, and provoking a protest from net users.

The main grievance: disproportionate penalties for offences committed, such as suspension of an internet connection. The user group 'Quadrature du Net' has called for a "blackout" on the net.
http://www.laquadrature.net/fr/guide-du-blackout-HADOPI
http://www.laquadrature.net/HADOPI

[Spiegel] Netzwelt-Ticker: Geheimkamera-Gerücht schürt Paranoia

Submitted on 24 February 2009
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[...]

Musikindustrie erreicht Internetsperren gegen Pirate Bay

Die Musikindustrie hat nach jahrelangem Rechtsstreit erreicht, dass mit Eircom der größte Provider Irlands Internetsperren gegen Tauschbörsennutzer errichtet.

[...]

Citizen safeguards striked out in EU Council

Submitted on 26 November 2008
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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!

Submitted on 20 November 2008
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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.