Once more, European Parliament fights French HADOPI law. On 26 March 2009, the European Parliament has approved a report “Security and fundamental freedoms on the Internet”. 481 votes in favor, 25 against and 21 abstentions. The report has a large scope. Nevertheless, one of the voted recommendations may have direct impact on French graduated response.

Members of European Parliament are also concerned with the idea that “e-illiteracy will be the new illiteracy of the 21st Century.” The report argues that in this age, having access to the internet is “equivalent to ensuring that all citizens have access to schooling”, and that this access should not be denied by governments or private companies.

In other words, the European Parliament states that banning access to Internet should be illegal. The strongest penalty of the French graduated response is to ban for one year the access to Internet for infringers. French government already mitigated this banning announcing that they would probably allow some services such as mail.

If ever the EU decides that access ti Internet is a fundamental right of citizens, then French graduated response would be illegal. French government does not consider this access as a fundamental right.

Interestingly, the law is currently under examination of the French parliament. Some delegates already proposed to replace the Internet ban by a fine.

For history, follow the thread Is French HADOPI law dead? (3)

The story about HADOPI continues. On 31st October, French Senate, the upper parliamentary chamber, has voted with a huge majority the law “Création et Internet”. This law allows the implementation of the graduated riposte. An amendment has been appended that would restrict the blocking to a given set of services. Mrs ALBANEL, the French minister of Culture, announced that HADOPI would not stop access to phone and TV services (if possible).

Nevertheless, it is still not clear if this law is not overruled by the EU amendment 138 (see Is French HADOPI law dead?)

More information about this law will be available in next next security newsletter (due in less than two weeks).

One of the outcomes of French law, so called HADOPI, was to allow flexible response against P2P users. An organism nominated by the government could decide to stop for one month the Internet access of P2P recidivists. Before this last strike, the recidivist would have received two notifications.

Unfortunately for HADOPI, on 24th September, European Parliament has voted amendment 138. The odds were 574 against 73 deputies. Amendment 138 states that it is illegal to restrict free speech and access to information of any citizen without prior judiciary decision. This is not the case with HADOPI.

French government announced that it does not expect to drop the law and the flexible response. Nevertheless, European law supersedes national laws. Will there be some adjustment to HADOPI? Wait and see.

More information about fighting P2P piracy, HADOPI, flexible response in next security newsletter due end of October.