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.