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

Tue Jun 17 23:42:01 PDT 2008

Olivier,

Yes it is a quite sinister draft law.  We chose 
to stress how it affects the civil liberties of 
everyone, not only those of internet users, but 
other organisations in France are also campaigning on the points you raised:
- the issues relating to privacy in regard to the 
creation of a huge database of "banned users";
- the content filtering by ISPs at the packet level.

I understand that discussing the meaning of the 
term "technical community" is an important issue 
in the context of international meetings but if 
the Chapter delegates reading this could take 
some time to send even a few backing words to us, 
I cannot stress enough how much it would help us 
give weight to our action.  I also think that it 
is what ISOC is or should be about: passing the 
information and helping each other out, 
regardless of the country we are living in.  This 
is the internet, this law will affect France but also the internet as a whole.

We have already received the backing of ISOC 
Luxembourg.  See below (in French).  Right now, 
we don't ask for more as we are in a hurry: the 
draft law will be discussed today by the French 
government.  We need to release a new press release today.

After today, we will have more time to organise a 
wider action if other Chapters are 
interested.  We could discuss that during the 
events which will take place in Paris at the end of the week and next week.

Again, 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.

Kind regards,

Charles

===

From: Patrick Vande Walle <patrick at isoc.lu>
To: Charles Simon <charles.simon at isoc.fr>
Subject: Re: [Ecc-council] ISOC France - requesting your backing

Charles,

L'ISOC Luxembourg a pris connaissance du projet 
de loi HADOPI. Nous le trouvons préoccupant. A ce 
titre, nous soutenons totalement la position de 
nos collègues de l'ISOC France et espérons que ce 
texte sera purement et simplement retiré.

Bien à toi.

 > Message du 17/06/08 à 18h35
 > De : "Olivier MJ Crepin-Leblond" <ocl at gih.com>
 > A : "'ISOC Chapter Delegates'" 
<chapter-delegates at elists.isoc.org>, "Charles Simon" <charles.simon at isoc.fr>
 > Copie à :
 > Objet : Re: [Chapter-delegates] ISOC France - asking for your backing
 >
 > Charles,
 >
 > I'd be interested in finding out how you can 
effectively ban someone from using the Internet.
 >
 > Reading through the drafts of the law, it 
looks like a database of "banned users" will be 
maintained by the government, and ISPs will need 
to consult this database before allowing someone online.
 > It also opens the door to content filtering by 
ISPs, thus stifling innovation - the very 
innovation that made the Net what it is today.
 > Furthermore, it seems to point the finger 
specifically at peer-to-peer computing. There's 
even talk of 3 year jail terms (vive la 
Bastille!) when a convicted murderer (& singer) 
was released after 3.5 years. Poor republic, where are its priorities?
 >
 > Narrow-minded, ill-conceived, ill-informed, 
problem-causing, unenforceable and drivel are 
words that came to mind when I read the paper... 
However, in the face of commercial lobbying, I 
bid you good luck in your "resistance".
 >
 > Olivier
 >
 > --
 > Olivier MJ Crepin-Leblond, Ph.D.
 > E-mail:<ocl at gih.com> |
 > http://www.gih.com/ocl.html & http://www.nsrc.org/codes/country-codes.html
 >
 >   ----- Original Message -----
 >   From: Charles Simon
 >   To: 'ISOC Chapter Delegates'
 >   Sent: Tuesday, June 17, 2008 2:48 PM
 >   Subject: [Chapter-delegates] ISOC France - asking for your backing
 >
 >
 >   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 ouvres 
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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 >
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