EU Parliament Member Asks EU Commission What It Will Do If Italy Approves One Strike Copyright Law

from the good-for-her dept

We recently wrote about a ridiculous copyright law being proposed in Italy, that could ban people from using the internet based on a single accusation of infringement. As we noted, the law did not appear to agree with overall EU law. Some in the EU Parliament are taking notice. MEP Marietje Schaake has now officially posed a Parliamentary question to the EU Commission questioning how it would respond to such a law:
Via the press it has come to my attention that the Italian Parliament is currently considering a draft law by which internet users can be disconnected and blacklisted if they have been accused on an intellectual property infringement. The accusation does not necessarily need to originate from the rights holder of the work in question.

The draft law as it is proposed, violates several EU laws and principles, including:

- Article 1(3a) of the telecoms package, amending the Framework Directive 2002/21/EC,
- Article 6 ECHR concerning a fair trail
- Article 10 ECHR concerning the freedom to seek, receive and impart information,
- The principles of necessity and proportionality, and,
- Depending on implementation, the exemptions of intermediary liability in E-Commerce Directive 2000/31/EC,

Does the Commission agree the Italian proposal is in violation with EU laws and principles? If not, why not? What concrete action will the Commission undertake to put a halt to measures being implemented by Member States by which citizens may be disconnected from the internet?
While it will be interesting to see how the EU Commission responds, just the fact that such questions are being asked should hopefully generate some attention to this awful proposal.

Filed Under: eu, eu commission, eu parliament, italy, marietje schaake

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  1. icon
    PaulT (profile), 21 Sep 2011 @ 5:25am

    Re: Re: Re:

    Wow, really? Wilful ignorance is not a viritue, so let's step through this again to see if you get the hint...

    "There is no trial, so how can article 6 apply?"

    The whole problem is that there is not a trial, genius. Article 6 begins:

    "In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing "

    This is NOT happening under these proposals, hence the issue. If not a criminal charge, the punishment is vastly disproportionate and should not be sought.

    "There should be no protection for illegally sharing files (movies etc), so how can article 10 apply?"

    I take it you just chose to ignore my explanation above. I'll repeat: the proposals remove the right to ALL speech online, not simply what has been deemed infringing (with litte evidence other than an accusation, outside of a court of law). Most activity online is not infringing. It's like crushing someone's car because they jumped a stop sign.

    "How can one claim the action (removal of internet service) is out of proportion with the use made of it?"

    Very easily, we have someone who MAY (unproven) have committed an action that MAY (unproven) have caused financial loss to a company.

    In return the person gets their internet cut off without warning, which usually provide access to some or more of: communication with friends or family, telephony service, news source, platform to exercise free speech and participate in political process, banking, even business and/or their source of income (if home working or self employed from home), and a whole host more.

    How the hell is this not disproportionate?

    "I cannot see how this is "misunderstanding", it's more wondering why she suddenly thinks they apply to illegal or bad acts."

    She doesn't.

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