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France

In 2008 when this website was first set up and I was in  researching my PhD, a policy initiative in France on copyright enforcement found its way into a draft EU law on telecoms. It seemed like an odd move, but it is isn't when one understands the measures that were being proposed.

This was the very first political battle over online content, the first of many to come. The substantive debate moved on, the measures evolved, but the underlying arguments remain much the same.  In this regard, I like to think that I have written the back story to todays debates over tackling all kinds of content on online platforms. From terrorism to sexual abuse, harassment, eating disorders, violence against women, suicide - there is now a very long list of content types that are put forward for policy intervention. The measures proposed will use technology in ways that engage - and very likely put at risk - human rights.

So this section is the blog that I wrote from 2008. It mostly addresses the Creation and Internet law, also known as the Hadopi law. 

It is also written up in my books and if you are a student looking for a citation, you should reference them. They are in many university libraries: A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms and The Copyright Enforcement Enigma

You may also like my book The Closing of the Net  which positions the story of the Hadopi law in the wider policy context. 

Hadopi is no gestapo, gaffes French culture minister

Monica Horten
Catetory: France
Published: 12 March 2009

Creation and Internet law (Hadopi law) debate day 2.

 

Christine Albanel is put  under pressure over attacks on civil  liberties in the French Creation and Internet (3-strikes)  law and insults the opposition. But government amendments carried and opposition ones defeated.

 

The second day of the debate in the French Parliament on the Creation and Internet law, which seeks to cut file-sharers off the Internet for downloading copyrighted content, was interrupted by a  double gaffe from the  French culture minister, Christine Albanel. Under fire from opposition Socialist and Left parties over her 3-strikes proposals,  she accused the opposition members  of creating a caricature of  the Hadopi authority as 'some sort of Gestapo'. In France, the use of the word 'gestapo'  represents a serious insult, and she was forced to retract her statement. 

 

It came in the middle of a debate on Article 2 of the law, which sets out the functions and structure of the Hadopi - the authority which will oversee the 3-strikes measures. Madame Albanel  was responding to an attack from the opposition that the Creation and Internet  law made an assumption that the person accused is guilty, unless they can prove their own innocence, reversing the legal principle of presumption of innocence in  European law. It followed a long series of opposition accusations that the Hadopi represents an attack on civil liberties -  which also include the lack of privacy

France's wifi whitelists - un mort gradue for the Internet

Monica Horten
Catetory: France
Published: 27 February 2009

France's Minister of Culture Christine Albanel, wants public wifi hotspots to use a State-approved whitelist of websites. Like the white witch of Narnia, is she condemning her country to a hundred years of cyber-winter?

 

Reports in the French media say that Christine Albanel, the Minister of culture who is responsible for the graduated response,  Hadopi law , intends to make public access wifi services use whitelists  is  as a means of stopping people downloading copyrighted content. So desperate is she, that not one song or movie should be freely downloaded, that she wants to lock out the millions of businesses who have invested in e-commerce or promotional  sites, as well as other media sites and blogs which contribute to the Information Society. She wants to bring down ‘a white portcullis'  - medieval security for the 21st century.

Her comments were reported on the French website PC Inpact , which has also got hold of the original report that briefed Mme Albanel . It also isn't clear just what wifi will have to implement the whitelist, whether it is just very large public ones, or private residential - which would mean a large majority of broadband users.

Her plan has been criticised by citizens groups as a ‘return to a state'controlled network'. 

It made me think of a character in the CS Lewis stories, the Chronicles of Narnia - the white witch, who condemned the land to a hundred years of winter. If she pursues the white list idea, then Mme Albanel, like the white witch, will condemn France to a long cyber-winter.

 

Sadly, this is not an extreme view, but a logical consequence. Whitelists are the opposite of blacklists. Whitelists contain what is permitted. Blacklists contain what is not permitted. So a whitelist will be a list of government-approved websites. Given the sheer scale of the Internet inside and outside France, the list will by necessity, only contain a small number of the total number of websites that exist.

Mme Albanel says

About Iptegrity

Iptegrity.com is the website of Dr Monica Horten, independent policy analyst: 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