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ISOC France calls for the withdrawal of the HADOPI draft law

Posted by malcolm on Wednesday, June 18th, 2008 at 10:35

ISOC France has called for the government to withdraw the legislative proposal that would implement a “three-strikes” law whereby Internet users would be disconnected when accused of copyright infringment, saying:

ISOC France’s legal commission has analyzed the HADOPI draft law on behalf of all Internet users.  This draft law represents the end of freedom for Internet users.  This is why:

A little blackmail between friends:  the failings of the HADOPI law

The HADOPI (High Authority for the distribution of works and the protection of rights with respect to the Internet) law up for imminent discussion before the French Parliament puts forth a measure that spells death for our freedom: the measured response. ISOC France* is up in arms against this possible denial of justice and requests the withdrawal of the HADOPI law because it violates the most basic rights of every individual, including those of Internet users.

A magical concept:  the “measured response”

It is a succession of warnings and sanctions to reprimand Internet users who download works for free, bypassing all of the security measures guaranteed by a real trial;  it results in the upending of the logic behind punishment by before any verification cutting off the Internet access of an alleged “pirate”

The measured response equals zero protection

Currently, in order to take action against a “pirate” in France, certain steps must be followed:  identification, trial, submission of proof, etc.  With these new provisions, one need only denounce the Internet user in question to the Haute autorit pour la diffusion des =9Cuvres et la protection des droits sur Internet (HADOPI) in order “justice” and “authorize” the cutting off of the user’s Internet access for up to one year.

The measured response:  “cut first, think later”

Once his/her Internet connection has been cut off (for 1 month, 6 months or 1 year), an Internet user who has found the process to be arbitrary may “take action against such administrative act before the competent administrative court.” Such action before a judge is aimed at having administrative decisions cancelled and possibly obtaining a small settlement when the administration was a little to quick to pull the trigger.  The icing on the cake is that the average timeframe for such a decision is 21 months almost two years!

The measured response is the Middle Ages of the Internet

This law is set up to serve the interest of small group of people (the Majors, etc.) who, after 10 years, still have not understood the strengths of the Internet and thinks it needs, first and foremost, to be turned into an “efficient and modern tool for commercial distribution.” Other uses and potential uses for the Internet are totally ignored. With no other kind of trial.

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