by Mike Masnick

Filed Under:
eu, three strikes

EU Says No To Three Strikes On Accusation Only; Requires Court Order

from the that's-a-start dept

One of the biggest problems with most of the proposed "three strikes" laws out there (the entertainment industry likes to call them "graduated response laws," but I prefer Bill Patry's recent description of calling them "the digital guillotine") is that it works based on accusations rather than actual conviction. This is a pretty significant issue if you believe in innocent until proven guilty -- combined with the rather long and detailed history of the entertainment industry falsely accusing people of file sharing. The EU Parliament has rejected the various three strikes laws as civil rights violations in the past, but the issue keeps coming up again (especially considering France is still insisting such a law is necessary. However, in the latest vote, the EU Parliament has said that no one should be kicked offline without a court order, meaning that a court would need to review any accusation, rather than just the ISP being told to kick those accused of file sharing offline.
No restriction may be imposed on the fundamental rights and freedoms of end users, without a prior ruling by the judicial authorities … save when public security is threatened...
Your move, France.

Reader Comments (rss)

(Flattened / Threaded)

  1. identicon
    RD, May 6th, 2009 @ 4:57pm

    May I be the first

    May I be the first to say ITS ABOUT G*D DAMN TIME these idiots who make laws get a FRICKIN CLUE about the rights of people.

    reply to this | link to this | view in thread ]

  2. identicon
    Eazy, May 6th, 2009 @ 5:32pm


    French gouvernment insists to make this law, not french people.
    What the world have to know is that Napoléon (the current french président) is "dating" the whole music industry (in addition to the media and "classic" industry).

    And so, he's just protecting his friends interests, by "giving birth" to laws fitting what they want and what they need. So he doesn't even give a damm on what people have to say.

    In conclusion, these people (and my président first) want to control people. They're freaking out that people get liberties like that. They just can't permit it, cause under their republicans "clothes" they are dictators.


    reply to this | link to this | view in thread ]

  3. identicon
    Erv Server, May 6th, 2009 @ 7:24pm


    Hats off to The EU Parliament for making the right call

    reply to this | link to this | view in thread ]

  4. identicon
    Anonymous Coward, May 6th, 2009 @ 8:17pm

    You can see what's coming

    Will this end up like the wire tap laws here?
    Where they don't need the actual court order right away, just get one later.

    reply to this | link to this | view in thread ]

  5. identicon
    Tor, May 7th, 2009 @ 12:03am

    Democratic right

    It's not only about proof of guilt. Even if the accusations can be proven to be true in a court denying someone internet access from any ISP is completely unproportional. Internet lets people follow the flow of news, connect with people and try to affect public opinion and reach the politicians in charge. Cutting off access to the best way of influencing public policy and participating in the democratic discussions is just wrong. There's a reason we don't limit people's access to the telephone network or postal service, but instead give them fines or prison time when they commit crimes.

    Btw. since the Telecoms package was not passed I suppose France is now free to introduce its three strikes laws anyway. At least it's my impression that they will have a couple of months before the Telecoms package gets passed.

    The debate about the Telecoms package hasn't been only about the three strikes law, but has also revolved a lot around the question of net neutrality.

    This quote by Malcom Harbour has upset a lot of people who have been fighting for net neutrality provisions:

    What we can do at European level is to make a general requirement for consumers to have information about sites that are restricted, so you as a consumer are entitled to know if a provider is limiting access to certain sites and for what reasons.

    You might choose to have a service-limited package; nobody has ever suggested that we have a general rule that if you buy an electronic communications service package you will have access to everything. That’s like saying that if you have a bookshop you are legally obliged to stock every book."

    reply to this | link to this | view in thread ]

  6. identicon
    Anonymous Coward, May 7th, 2009 @ 4:41am

    Five Euros says Sarkozy claims piracy threatens the public security...

    reply to this | link to this | view in thread ]

  7. identicon
    French Toast, May 7th, 2009 @ 6:32am


    Think of the Children!!!!!

    reply to this | link to this | view in thread ]

  8. identicon
    angry user, May 7th, 2009 @ 10:09am

    angry user

    reply to this | link to this | view in thread ]

  9. identicon
    Graf, May 8th, 2009 @ 1:53am

    [quote]save when public security is threatened... [/quote]

    [dinosaur] "But it is a threat, if people can do this, what else will they be doing - first piracy, then terrorism".

    I can see it now

    reply to this | link to this | view in thread ]

  10. identicon
    AC, May 8th, 2009 @ 3:27am

    property seizure in US

    What about in the US where many districts have laws allowing cops to seize and sell your property and keep the proceeds based ONLY on accusation? This has happened to many people who were ACQUITTED in court!!! So, who ARE the criminals?

    reply to this | link to this | view in thread ]

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