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.

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)