French Constitutional Council Guts 'Three Strikes' As Unconstitutional

from the sorry-Sarkozy dept

Well, that didn't last long at all... After some back and forth (and tremendous pressure from French President -- and known copyright infringer -- Nicolas Sarkozy), France passed a three strikes law that would kick people off the internet for three accusations of unauthorized file sharing. However, it looks like the law may be going nowhere fast. France's Constitutional Council has gutted the law, after finding significant constitutional problems with it. The Council specifically barred the heart of the law: the cutting people off the internet part, noting:
communication and liberty of expression are fundamental rights that only a judge can rule on.
Indeed. The council said that it could be okay to cut off internet users... but only with a judge's permission. It's expected that the law may be adjusted to push these issues in front of a judge -- but that's a much better (though still not perfect) situation, since a judge should at least require evidence rather than simple accusations. Either way, it's yet another defeat for an industry that continues to insist that somehow kicking people offline is going to "save" the industry.
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Filed Under: constitution, france, graduated response, nicolas sarkozy, three strikes

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  1. identicon
    Anonymous Coward, 10 Jun 2009 @ 12:12pm

    "it's yet another defeat for an industry that continues to insist that somehow kicking people offline is going to "save" the industry."

    Do you have a quote somewhere (not on techdirt) to back up this claim? Has "the industry" ever said that in as many words anywhere?

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