[governance] Re: France To Require Internet Service Providers To Filter Infringing Music

[Meryem Marzouki]

Le 27 nov. 07 à 15:22, Stephane Bortzmeyer a écrit :

> On Tue, Nov 27, 2007 at 04:53:56PM +0300,
>  McTim <dogwallah at gmail.com> wrote
>  a message of 32 lines which said:
>
>> extrajudicial processes, possible "banning from Internet access" etc.
>
> And law-like text (it defines penalties) but not voted by the  
> Parliament.

As for now, this agreement is not applicable. It first requires that  
the regulation authority is created (or that the current authority  
created for the regulation of DRMs and other technical measures has  
its powers extended to meet this agreement). An this could only be  
done by law.
And then, this law would probably be challenged before the  
constitutional council (at least, I hope so, since in France,  
currently, the constitutionality of a decision can only be tested  
right after a law is passed, and this could be done only by members  
of Parliament - well, also by the president, the prime minister, or  
the president of any of the two parliamentary chambers, but this  
normally doesn't happen).
However, for some years now the French constitutional council has  
shown that its decisions are more influenced by political  
considerations than by true constitutional legality..

The other problem with this agreement is the use of filtering  
techniques, which are more an more used by e.g. video-sharing  
platforms (like the filters provided by the "Audible magic" company,  
which are based on blacklisting copyrighted works listed in a  
database). See e.g. http://www-polytic.lip6.fr/article.php3? 
id_article=187

Those of you who can read French may find the text of the agreement  
and other related documents on the Frenhc ministry of culture website  
at: http://www.culture.gouv.fr/culture/actualites/index- 
olivennes231107.htm

Finally, one may note that, already in 2004, another "charter"  
against "digital piracy" was signed between the governement (minister  
of economy, finance and industry, Sarkozy, now our beloved president;  
minister of culture and communication; minister delegate to  
industry), ISPs and IP rightholders and music majors representatives.  
It's not clear to which extent it has been implemented..

In any case, I'm also interested in Bertrand's comments, as he's a  
representative of the French government (Stephane and myself being  
simple citizens...).

Best,
Meryem

--
Meryem Marzouki - http://www.iris.sgdg.org
IRIS - Imaginons un réseau Internet solidaire
40 rue de la Justice - 75020 Paris

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