EU presses the pause button on HADOPI law
- Author: Monica Horten
- Published: 01 December 2008
The European Commission has asked the French government to clarify a number of points in respect of its Creation and Internet law, which will impose graduated response / 3 strikes measures onto Internet users.
The Commission’s requests have been made public in what appears to be a leaked document, published by the French news website La Tribune. In particular, it has asked for clarification on internal market and fundamental rights issues. It wants the information before the law is adopted, and therefore appears to be asking France for a temporary halt on the process until these matters are clarified:
"Les autorités françaises sont invitées à prendre en considération les remarques qui précédent ainsi qu'à fournir les clarifications demandées avant de procéder à l'adoption de leur projet notifié"
Interestingly, the Commission also confirms that the ‘fight against piracy’ and ‘co-operation’ between telecoms operators and rights holders for this purpose, is being discussed currently in the European Parliament and the Council of Ministers – in the context of the Telecoms Package review. This is an admission from the Commission which its PR material seeks to gloss over. And the Commission calls for a balanced approach in the handling of filtering measures in the Universal Services directive.
Specific matters on which
the French government is asked to clarify include:
- Internal market issues: how it will deal with infringements of French copyright that occur outside France, and infringements of foreign copyright by French users?
- Whether the sending of warning messages implies any actual knowledge on the part of an ISP? (The answer to this will be important for the ISPs).
- On what basis is it determined that a case will be pursued? What criteria are used?
- How is it justified to have an administrative authority and not a court? It points out the that: - The measures must satisfy the legal test of proportionality
- The means of securing an Internet access must not result in a general obligation for surveillance on the part of the ISP.
- The Internet is used for many services other than creative content - The law should detail measures for the development of new business models
- The law appears to jeopardise the right to due process and does not specify how errors will be avoided.
- Disabled people have special rights which could preclude cutting off their access
In specific reference to the Telecoms Package, Universal Services directive, the Commission says that users must be informed of their legal obligations in respect of copyright, however, it continues, all measures which are more than just education, such as the filtering of users communications or the suspension of Internet access, must find a just balance between the need to combat piracy online and other important objectives such as universal access, the rights and freedoms of users, and limitation of the liability of the ISP. In particular, measures which result in the interception of the flow of Internet traffic must be treated with caution, in order to avoid negative consequences on the rights to privacy and freedom of information for Internet users in Europe.
La Tribune does not state the source of the leaked document.
The La Tribune article is here.
If you liked this article, please remember to say you read it on iptegrity.com!
- Article Views: 11285
IPtegrity politics
- Why the Online Safety Act is not fit for purpose
- Fixing the human rights failings in the Online Safety Act
- Whatever happened to the AI Bill?
- Hidden effects of the UK Online Safety Act
- EU puts chat control on back burner
- Why did X lock my account for not providing my birthday?
- Creation of deep fakes to be criminal offence under new law
- AI and tech: Asks for the new government
- How WhatsApp holds structural power
- Meta rolls out encryption as political headwinds ease
- EU law set for new course on child online safety
- Online Safety Act: Ofcom’s 1700-pages of tech platform rules
- MEPs reach political agreement to protect children and privacy
- Online Safety - a non-consensual Act
- Not a blank cheque: European Parliament consents to EU-UK Agreement
- UK border safety alert - mind the capability gap
- What? Will UK government ignore security as it walks away from EU?
About Iptegrity
Iptegrity.com is the website of Dr Monica Horten, independent policy advisor: online safety, technology and human rights. Advocating to protect the rights of the majority of law abiding citizens online. Independent expert on the Council of Europe Committee of Experts on online safety and empowerment of content creators and users. Published author, and post-doctoral scholar, with a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing. Former telecoms journalist, experienced panelist and Chair, cited in the media eg BBC, iNews, Times, Guardian and Politico.
Politics & copyright
A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms
'timely and provocative' Entertainment Law Review
Online Safety
- Why the Online Safety Act is not fit for purpose
- Fixing the human rights failings in the Online Safety Act
- Hidden effects of the UK Online Safety Act
- Why did X lock my account for not providing my birthday?
- Online Safety Act: Ofcom’s 1700-pages of tech platform rules
- Online Safety - a non-consensual Act
- Online Safety Bill passes as US court blocks age-checks law
- Online Safety Bill: ray of hope for free speech
- National Crime Agency to run new small boats social media centre
- Online Safety Bill: does government want to snoop on your WhatsApps?
- What is content of democratic importance?
- Online Safety Bill: One rule for them and another for us
- Online Safety Bill - Freedom to interfere?
- Copyright-style website blocking orders slipped into Online Safety Bill
- 2 billion cost to British businesses for Online Safety Bill