The official Parliament of France, has come to a conclusion that no only is the "three-strikes" bill a proposal that will become law, but also that if you violate it, you can be fined, disconnected from the internet, or worse, imprisoned. The decision came last week, after a year-long battle throughout the French National Assembly.
Originally the proposal was titled as the "Creation and Internet" law, which was first introduced in the summer of 2008, and was passed with ease. Shortly after it's approval, it was ruled unconstitutional by the Constitutional Council. The government agency assigned the task of overlooking this grim law, Haute Autorité pour la Diffusion des Oeuvres et la Protection des droits sur Internet (HADOPI), would be in charge of pressing judicial charges against "alleged" illegal file sharers.
The bill was overturned, under the Declaration of the Rights of Man, a French "bill of rights" dating back to 1789, stating that the internet is essential for "free communication of thoughts" which is protected under the historic declaration. To have your fate decided by an outside body, such as HADOPI, would thus be removing basic freedoms of a fair trial and a judge's decision, or so concluded the Constitutional Council of France.
The new bill, which just passed, meets all concerns head on, by now enabling a judge to make a "third-strike" decision of either disconnecting a citizen whom allegedly shared files, fining them up to 300,000 euros ($415k), or worse, a two year mandatory sentence behind bars.
Opponents of the newly passed legislation, have said that it is not fair, as according to the bill, the person accused of illegal file sharing does not have to be present in court for the decision, and after a judge makes the determination whether or not a disconnection of the service is needed, the accused is not allowed to submit any evidence on their behalf. What this means, is that the entire judicial process of convicting the accused, can happen without them even being notified of the charges, and one day they can get a knock at the door from their local police department, coming to either arrest, fine, or penalize them.
I ask everyone, does this sound like freedom? To me it does not. This is a complete and obvious violation of one's human rights, and totally denies an impartial and fair trial, by not allowing the accused or attorneys representing them to provide evidence in their defense. A sad day in the age of ignorance.
“A new version submitted just days after the original’s rejection, emergency debates, accelerated procedures – everything is being done to deny legislators the time to properly debate a bill that threatens the right to Internet access, a right recognised as fundamental by the European Parliament.” stated an opponent representative of the French Parliament. “If it is an algorithm, there is every reason to fear it will be poor at distinguishing legal from illegal online activity,” it adds. “A detailed but innocent email exchange with a friend about a movie, for example, could be picked up by the algorithm. Similarly, how do you prove the innocence of someone whose IP address is hijacked for the purposes of illegal downloading, and no trace is left?”
Some also point out, that the bill restricts freedom of expression and communication, by unfairly sentencing file sharers to such a harsh condemnation. Ironically, if you are charged with online slander, menacing, blackmail, fraud, identity theft, or other various crimes that actually harm individuals, your internet service is not cut off as punishment, regardless of how many "strikes" a person may or may not have against them.
The last ruling, in which was declared unconstitutional, was decided to be so as the internet is vital to both expression and communication, which is protected under the 1789 clause. Also a part of this new bill, is the ability for the alleged file sharer to be placed on a "blacklist", a document pertaining to their "crimes" and that no other internet service providers would be allowed to give them access, until the time frame allocated by the judge presiding over the case, had expired. Typically this is two years, according to the bill, but has the ability to extend at the discretion of the judge.
I have reported before, how France has undermined itself time and time again, with the idiocracy of such actions as using it's military to spy on torrent sites, blacklisting customers accused of file-sharing, and the obvious, allowing such insanely unfair and ludicrous bills to be passed in it's Parliament. Hopefully, proponents of file sharing step in, and display that the ignorance being portrayed here, is without merit.
Until then, the bill remains ready, merely awaiting a single signature, from French President Nicolas Sarkozy, of whom has stated before that he would support his government's final bill. Although it must be pointed out, the the Constitutional Council can still over rule this decision before it's been signed, the waters are looking murky, and many smell rebellion and backlash as the scent of unfairness lingers in the French seas. Sadly, the only thing that seems to be disconnected, are the French representatives of the people, and reality.
Monday, September 28th, 2009Posted by: Date:
Monday, September 28th, 2009
|france attacking someone hahahahaha!!!! where are the germans when you need them?|
|posted by (2009-09-28 14:06:03)|
|More and more are caving in under the pressure how long b4 we all get the letter or the knock at the door????|
Cheers ob for the articles
|they will never stop filesharing no matter what they do !!!!|
|i think it varies on what you dl if you do music youre at more risk then movies but now even funimation has gotten connected with japan base companies that ddos attacks on anime torret sites so crunchy roll a anime streaming site also practices these acts an a subber group matsui has been targeted for several animes cable companies will cut you off if a certain anime company sends them a letter has been happenning for series like fullmetal alchemist the brotherhood and princess blade or was it blade princess i never watch that series the thing is the companies are actually getting there crap together but hey who doesnt like a challenge sharing will never stop ppl will just find a better way|
|Thanks for the info animaze! You have deserved some points! It's true! They can't catch us but i'm affraid that they won't do new movies in the future:( ( the future is near)|
|posted by (2009-09-29 02:18:38)|
|posted by (2009-09-29 03:53:20)|
|What was it Clinton said "Don't Ask, Don't Tell" Say Amen somebody!Nice article OBS|
|No suprise, the french are the first to turn-coat and run under pressure. |
Not to mention ALWAYS the first to blame another when what they or some one else does is later considered unjust.
GET SOME BRAINS AND BALLS FRANCE OR YOU'RE GOING TO BE TEA-BAGGED FOR ETERNITY!
|lets all become real criminals then we can run the streets unmonitored. file sharer forever! great article xxxobscenexxx|
|^^^^^ here here|
|glad i don't live in france, but still hope hope that bill dies a noisey, bloody, violent death, so it doesn't give any other countries bad ideas|
thnx Obs. great article as always.