[Chapter-delegates] ISOC France - asking for your backing

[Charles Simon]

Dear all,

Isoc France is currently battling a French draft 
law which aims at reduicing "online piracy" but 
which is in fact severely violating the most 
basic rights any citizen has, especially the 
right not to be held guilty before a judgement 
has been passed.  You will find below the 
translation of a press release we released about 
10 days ago.  Attached is a more detailled 
explanation of the various issues we have with this draft law.

Our action was well received as you can see by "googling" Isoc+hadopi:

http://www.google.com/search?client=opera&rls=fr&q=isoc+hadopi&sourceid=opera&ie=utf-8&oe=utf-8

Below a selection of news items on our action:
- ZDnet, one of the largest technology news site 
in France: 
http://www.zdnet.fr/actualites/internet/0,39020774,39381725,00.htm?xtor=RSS-8 ;
- Clubic, another large technology news site: 
http://www.clubic.com/actualite-143908-isoc-qualifie-risposte-graduee-liberticide.html 
;
- PCinpact, a more specialised news site: 
http://www.pcinpact.com/actu/news/44160-isoc-hadopi-albanel-riposte-graduee.htm 
.

If you read French, you will notice that ISOC is 
often presented as an influential organisation, 
gathering more than 20,000 members.

In no way do we condone copyright infrigement but 
the current draft law is an absolute disgrace in terms of civil liberties.

The draft law will be discussed on Wednesday this 
week by the French governement and we intend to 
issue a new press release then stressing that 
ISOC France has the backing of other entities, 
especially other ISOC Chapters on this issue.  So 
if you could discuss it and provide us with even 
a few backing words, it would help us in our bid 
to have this draft law withdraw.  We have also 
asked for the backing of ISOC World.

For your complete information, Vivian Redding, 
the EU IT Commissioner, said that this draft law 
was a really good idea and that the mecanisms it 
creates should be considered in the whole of the 
EU.  See here (Again in French):
- 
http://www.cnetfrance.fr/news/internet/piratage-le-projet-loi-sur-la-riposte-graduee-en-conseil-des-ministres-debut-juin-39381145.htm 
;
- 
http://www.lepoint.fr/actualites-medias/exclusif-comment-le-gouvernement-veut-lutter-contre-le-piratage/1253/0/246344 
.

So for those of you within the EU, we might be 
first but you could well be next.

I hope that you will be able to back us up on 
this and I look forward to discussing it with 
those of you who will attend the different 
meetings in Paris at the end of the week and next week.

Kind regards,

Charles

===

ISOC France calls for the withdrawal of the HADOPI draft law
Press release - Paris, 6 June 2008

ISOC France's legal commission has analyzed the 
HADOPI draft law on behalf of all Internet 
users.  This draft law represents the end of 
freedom for Internet users.  This is why:

A little blackmail between friends:  the failings of the HADOPI law
The HADOPI (High Authority for the distribution 
of works and the protection of rights with 
respect to the Internet) law up for imminent 
discussion before the French Parliament puts 
forth a measure that spells death for our 
freedom:  the measured response.  Isoc France* is 
up in arms against this possible denial of 
justice and requests the withdrawal of the HADOPI 
law because it violates the most basic rights of 
every individual, including those of Internet users.

A magical concept:  the "measured response"
It is a succession of warnings and sanctions to 
reprimand Internet users who download works for 
free, bypassing all of the security measures 
guaranteed by a real trial;  it results in the 
upending of the logic behind punishment by – 
before any verification – cutting off the 
Internet access of an "alleged pirate"

The measured response equals zero protection
Currently, in order to take action against a 
"pirate" in France, certain steps must be 
followed:  identification, trial, submission of 
proof, etc.  With these new provisions, one need 
only denounce the Internet user in question to 
the Haute autorité pour la diffusion des œuvres 
et la protection des droits sur Internet (HADOPI) 
in order to "circumvent" justice and "authorize" 
the cutting off of the user's Internet access for up to one year.

The measured response:  "cut first, think later"
Once his/her Internet connection has been cut off 
(for 1 month, 6 months or 1 year), an Internet 
user who has found the process to be arbitrary 
may "take action against such administrative act 
before the competent administrative court."  Such 
action before a judge is aimed at having 
administrative decisions cancelled and possibly 
obtaining a small settlement
 when the 
administration was a little to quick to pull the 
trigger.  The icing on the cake is that the 
average timeframe for such a decision is 
 21 months – almost two years!

The measured response is the Middle Ages of the Internet
This law is set up to serve the interest of small 
group of people (the Majors, etc.) who, after 10 
years, still have not understood the strengths of 
the Internet and thinks it needs, first and 
foremost, to be turned into an "efficient and 
modern tool for commercial distribution."  Other 
uses and potential uses for the Internet are 
totally ignored.  With no other kind of trial.

Supervisor: Arnaud GARRIGUES – agarrigues at gmail.com
Press relations: France MIREMONT – france.miremont at isoc.fr

* Internet Society France www.isoc.fr is the 
French Chapter of the Internet Society (isoc.org)
Created in 1996, the purpose of the association 
is to favor a strong French presence on the 
Internet and promote multiculturalism on the 
network.  Working for an "INTERNET for ALL and by 
ALL."  More information on the legal commission is available on our website.
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