French 'three strikes' ISP law thrown out
Thursday 11 June 2009
France's EU defying "three strikes" law that was intended to pull internet connections of repeat copyright infringers has been severely criticised by the French Constitutional Council and now looks unlikely to proceed.
The French Constitutional Council ripped into the new law, stating that the principle of "Innocent until proven guilty" cannot be overturned by the creation a new non-judicial High Authority.
As part of the proposed "three strikes" law, a 'High Authority' was to be set up that would deal with accusations of copyright infringement.
Under the legislation, copyright owners would have investigated, then submitted infringement complaints to the High Authority - who would have then passed them onto ISPs - who in turn would forward them to customers, disconnecting them after two or more warnings.
While the three strikes law was passed by the French parliament on its second attempt (after initially being voted down), it came unstuck once it went before the French Constitutional Council.
It criticised its 'assumption of guilt' by quoting the French Revolution to highlight their concerns, saying that "...under section nine of the Declaration of 1789, every man is presumed innocent until they have been proven guilty".
Although the initial success of the French three strikes law was held up by the recording industry as a key milestone in its worldwide 'graduated response campaign', the Constitution Councils comments now look set to make any the legislation unworkable.
The Council's censure is likely to require that any disconnections be treated like court cases and that rather than adopting a "guilty until proven innocent approach", alleged repeat copyright infringers are prosecuted on an individual, case by case basis which is expected to be impractical for copyright holders due to the high costs and large amounts of time needed.
This article originally appeared in the New Zealand Herald
Life & Style blogs
iPhone 7 (or iPhone 6S) leaked pictures show similarities to older model — but Apple is fixing the biggest issue of all
People all over the world are getting semicolon tattoos to draw attention to mental health
'Help me I'm trapped in a factory' messages keep being found on bottles of vitamin water
Google has set its terrifying, dreaming image robots on the public
What do the emojis on Snapchat mean?
Nathan Collier: Montana man inspired by same-sex marriage ruling requests right to wed two wives
Greece crisis: IMF was pushed around by Angela Merkel and Nicholas Sarkozy – and now it is being humiliated
Forget little green men – aliens will look like humans, says Cambridge University evolution expert
'I wish the BBC would stop calling it Islamic State' – David Cameron unleashes frustration at broadcaster
Greece crisis: The wider lesson is that it’s time to abandon this failed experiment in currencies
Girl, 7, stares down hate preacher at Ohio festival with pro-LGBT rainbow flag gesture
- 1 Nathan Collier: Montana man inspired by same-sex marriage ruling requests right to wed two wives
- 2 Van driver who comforted Clark Carlisle and called 999 after suicide attempt dies age 24
- 3 People all over the world are getting semicolon tattoos to draw attention to mental health
- 4 Baby rescued 1km out to sea after parents forgot about her
- 5 Greek debt crisis: The photograph that conveys the despair of Greece's elderly
iJobs Gadgets & Tech
£20000 per annum: Recruitment Genius: The leading provider of Employee Managem...
£15000 - £25000 per annum: Recruitment Genius: This Kent based design consulta...
£25000 - £34000 per annum: Recruitment Genius: Are you looking to work for an ...
Negotiable: Recruitment Genius: This role's responsibility also include operat...