France's HADOPI law, in English

[David Farber <dave () farber net>]

Begin forwarded message:

From: PK <djc () resiak org>
Date: May 22, 2009 8:10:39 AM EDT
To: nnsquad () nnsquad org
Cc: joe fay <joe.fay () sitpub com>, Jérémie Zimmermann <jz () laquadrature net 
>
Subject: [ NNSquad ]  France's HADOPI law, in English
Reply-To: djc () resiak org

I've just finished translating into English the French HADOPI law
regulating intellectual property policy on the Internet and establishing
penalties for violation of intellectual property rights.  The draft is
available at

   http://www.laquadrature.net/wiki/HADOPI_full_translation

"HADOPI" stands for "High Authority for the dissemination of works and  
the
protection of rights on Internet", the administrative body -- that is, a
body appointed, operating by decree, and outside the judicial system --
which will be charged with detecting illicit copying of protected  
material,
and catching and punishing those it holds responsible.  This law  
recently
passed in the French legislature by a narrow margin.

Article 5 is the one most relevant to the controversy that has  
surrounded
the law, which stems from two fundamental disagreements:

 first: whether it is wise, or even legal, to entrust this very  
sensitive
 and consequential matter to an appointed administrative body rather  
than
 to the courts; and

 second: whether the sanctions envisioned, which can have the effect of
 depriving entire households of Internet service if the High Authority
 decides that a subscriber has committed three infractions -- the
 so-called "three strikes" or "graduated response" provision -- are
 consistent with the view that Internet service today has become a  
public
 utility like telephone service or electricity, and should be regulated
 like one.

The heavy emphasis on "technical measures" to detect illicit activity is
also worth noting.

The European Parliament, in its latest session, rejected by a huge  
majority
the notion of purely administrative authority over copying, in which  
it is
in conflict with the EU Council.  As a result of this conflict the  
Telecom
Package of which these elements are part has not yet passed; the whole
package, including this provision, is now in negotiation between the
Parliament and the Council.  If legislators hold their ground for the  
final
version in this negotiation, then the EU Telecom Package law will  
supersede
France's law.  Of course this would also have repercussions throughout
Europe.

Please draw errors in the translation to my attention.  Any  
progressively
corrected versions will appear at the same URL.

Pete Kaiser




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