Is French HADOPI law dead? (5)

The current answer is no. The law is alive and in good shape.

Thursday evening, French Parliament has approved the law “Création et Internet.” This law allows the graduated response. (For more details see Fighting piracy in Security Newsletter #11).

The law has been slightly modified with approved amendments. The most important one requires the ISP to pay back the subscriber the subscription part that is not related to IP TV or IP phone during the banning period. The amendment that proposed to replace the banishment by a fine has been rejected.

Is the game over? Not fully sure. There are two remaining pitfalls.

  • The HADOPI is a non judicial institution that will take judicial decisions. This may be judged unconstitutional by the French Council of State.
  • If ever European Union decides that the access to Internet is a fundamental right, then the French law would be also unconstitutional regarding EU constitution.

In any case, the next step is the announcement of the HADOPI and its members.

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