France Fined ISP for Non-Compliance With “Three-Strikes”Added: Thursday, October 21st, 2010
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Frederic Mitterand, France’s Minister of Culture, kept his word on the promise for a speedy amendment to country’s Article L331-25 of the Code of Intellectual Property. The new modification demands the French Internet service provider Free to send out “three-strikes” email warnings on the government’s behalf.Otherwise, the ISP risks fines of $2000. The most interesting fact is that the amendment was expected to take a few weeks rather than days.
A few days ago broadband provider Free was first in the country to refuse submitting “three-strikes” notification to its subscribers under the “Creation and Internet” legislation. The ISP argued that the legislation doesn’t stipulate that ISPs have to send out warnings, as the law states the government should send the letters “through” the ISPs, but not make ISP to do that on their own.
Broadband provider argued that the word “through” means exactly that. Free generously allowed the government “if anything” to setup a secure SMTP server within the service provider to contact its subscribers on their own.
In response, Minister of Culture “condemned” the ISP, saying that it was a formal breach of its statutory duties. Frederic Mitterand vowed to issue a decree that would clarify the requirement for Free. He was fast to gain the result, stunning many of those who believed the process would rather take a few weeks rather than days.
Now the decree is out, saying that the operators are demanded to submit electronically to the customers notifications within 24 hours after government’s submission. The fine for the refusal to comply remained the same – a little over $2000.
It’s still unclear if the document is legal, for it still does not change the legislation requiring the government to send out notifications electronically and “through” broadband providers.
EU legislation also demands that member countries notify the Union of any new legal documents punishing Internet service providers for noncompliance. That’s why Free ISP is reported to be convinced in its rightness, and preparing to tackle the Council of State soon. In fact, it has the grounds – at least, the ISP can argue that the regulatory organization for electronic communications and postal services hasn’t been consulted, as the law requires.
October 21th, 2010Posted by:
Thursday, October 21st, 2010
|France is really screwed up. You have a government demanding a private company enforce a government law; when that government is supposed to enforce that law?|
Again you have private intrest's demanding that the Tax Payer's pay for the very same thing they are required to do themselves.
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