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

[Dan Krimm]

Thanks for this, I had heard elsewhere that it was not necessarily a done
deal yet.  (Association of Audionauts hasn't yet weighed in...  Are you
familiar with  Jean-Baptiste Soufron?)

Another question I heard elsewhere is: does the deep packet inspection
violate EU privacy laws?

Would love to get an answer to that.  Perhaps Wolfgang might know?

Bottom line, yes this is distinctly alarming.  Then again, it could simply
lead to P2P developers designing encrypted distributed-P2P applications to
foil the DPI.  Would France then interfere with the application whole-hog,
ala Comcast and BitTorrent?

Dan



At 4:03 PM +0100 11/27/07, Meryem Marzouki wrote:
>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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