Three-strikes passed in France yet again

16 Sep 09 02:26 by Jared Newman in category Piracy To news archive

It’s been a great roller coaster ride, but France is finally nailing down a law that disconnects illegal file sharers from the Internet.

The so-called “three-strikes” law sets up a government group called HADOPI (“High Authority for the Diffusion of Works and the Protection of Rights on the Internet”), whose jobs is to target illegal file sharers. After a third offense, the infringing individual may be disconnected from the Internet for two months to one year. Other Internet service providers may also blacklist the offender during that time.

three-strikes2

Earlier this year, the law worked its way through the French assembly, only to be thrown out by the French Constitutional Council. Calling Internet access a human right, the council said only the courts should have the power to take Internet away. The original HADOPI law placed that power in the hands of an administrative group.

The new law should pacify the council, Ars Technica reports, because it allows a single judge to make the decision on disconnection, using a streamlined court process. The law also shows no mercy for people with unsecured Internet connections, making them liable for punishment when pirates connect to their network and download.

Naturally, the new law has drawn the ire of digital rights groups, who opposed the idea from the start and plan to appeal the new law. One such group, La Quadrature du Net, believes that a single judge’s decision doesn’t constitute a fair trial, as it lacks “contradictory debate or public hearing,” and “the ruling is made without any prior judicial investigation.”

I think that where there’s a will, there’s a way, and French lawmakers have been trying for a long time to get this three-strikes law passed. Rights groups like La Quadrature du Net may have a tough time convincing the courts to drop HADOPI this time around.

6 Comments

BetrayerX
Posts: 136
Posted on: 16 Sep 09 04:31
Guess they managed to pay the right people to make it pass.
This one's wrong on so many ways....
Zod
Posts: 666
Posted on: 16 Sep 09 04:52
Wasn't this against the EU charter or something.

Regardless of that, I've never been asked (here in Canada) to provide ID when signing up for internet. What's to stop people from using aliases?

They should have some form of due process, where people can dispute the ruling. Have a chance to please there case, as i imagine some innocent people will get busted for nothing.
AmiWolf
Posts: 75
Posted on: 18 Sep 09 07:19
Many businesses are utilizing the "Show proof of citizenship" in order to get some types of service. With the ISP I'm with in order to get service one has to provide a valid address with that persons name on a utility bill or at least one document, such as a birth certificate (NOT a copy, must show vaild seal) in order to get hooked up. I had no problem with any of this when I moved from my house in to an apartment. How many are really going to pursue such a process in order to get files across the net? I would think not too many.
Audiophile2009
Posts: 7
Posted on: 18 Sep 09 07:59
there are so many ways to connect to the internet these days wherther its through cable or DSL oh let's not using your cell phone as a modem via a usb cable or bluetooth connection then theres WI/FI hotspots so how are they relly gonna enforce this truly stuped law. they cant. to many ways to beat the system.
samlar
Posts: 3019
Posted on: 18 Sep 09 11:05
disconnect me for 2 months or a year my wife would like that see would say not maybe you will get something done around here.
rx293
Posts: 10
Posted on: 19 Sep 09 13:34
Well, before it happens here, i would like to know how to be able to be invisible and if i am warned how to get around it. I heard of Peer Guardian but I also heard that right now it isn't safe to use. Any ideas? I am uniformed about the intricacies of the computer programming section.

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