[governance] FW: [A2k] The Entire Internet Under Governmental Censorship In France?

Wed Jun 15 12:46:12 EDT 2011

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From: a2k-bounces at lists.keionline.org
[mailto:a2k-bounces at lists.keionline.org] On Behalf Of La Quadrature du Net
Sent: Wednesday, June 15, 2011 9:04 AM
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Subject: [A2k] The Entire Internet Under Governmental Censorship In France?

La Quadrature du Net - For immediate release

Permanent link:
http://www.laquadrature.net/en/the-entire-internet-under-governmental-censor
ship-in-france

The Entire Internet Under Governmental Censorship In France?

*** Paris, June 15th, 2011  Information website PC INpact revealed today a
draft executive order which would give the French government the power to
arbitrarily censor any content or service on the Net. The French government
is furthering its policy to control the Internet, in complete disregard of
citizens' rights and freedoms. ***

To implement article 18 of the law for the Digital Economy of June 21th,
2004, the French government is proposing to give to several of its
ministries the power to order the censorship of online content that harms or
otherwise puts at risk public order and security, the protection of minors,
of public health, national defence, or physical persons [1].

Clearly, the definition of these categories of content are both vague and
overreaching. Such censorship measures  whether they consist in the removal
or filtering of content  would be directly undertaken by the government,
without any decision by a judicial authority. In practice, they would apply
to all kinds of websites or online news services [2].

A few months after voting the French securitarian LOPPSI law and setting up
the ARJEL online-gambling authority, this new decree would be in total
contradiction with the UN's special rapporteur's report [3] or the French
parliamentary report by MPs de La Raudière (UMP) et Erhel (SRC) on Net
Neutrality, [4] which both condemn blocking measures, particularly when
carried out by an administrative authority.

This draft executive order aims to give the government a vastly
disproportionate power to censor any website or content on the Internet. It
is an obvious violation of the principle of separation of powers, and
strongly harms freedom of communication online [5]. This is an extremely
disturbing drift, in direct continuity with the French government's
repressive Internet-related policies. This draft executive order must
absolutely be rejected. concludes Jérémie Zimmermann, spokesperson of the
citizen organization La Quadrature du Net.

* Références *

1. The law's article 18 states, in French, that the administrative authority
is competent lorsqu'il est porté atteinte ou qu'il existe un risque sérieux
et grave d'atteinte au maintien de l'ordre et de la sécurité publics, à la
protection des mineurs, à la protection de la santé publique, à la
préservation des intérêts de la défense nationale ou à la protection des
personnes physiques.

2. Article 14th of the LCEN specifies that services such as providing
online news, commercial communications and data search, access and recovery
tools, access to a communication network or data hosting also fit in the
range of online business, even if they are not paid by the ones who benefit
from them (our translation).

3. See paragraph 31 of the report: States use of blocking or filtering
technologies is frequently in violation of their obligation to guarantee the
right to freedom of expression, as the criteria mentioned under chapter III
are not met. Firstly, the specific conditions that justify blocking are not
established in law, or are provided by law but in an overly broad and vague
manner, which risks content being blocked arbitrarily and excessively.
Secondly, blocking is not justified to pursue aims which are listed under
article 19, paragraph 3, of the International Covenant on Civil and
Political Rights, and blocking lists are generally kept secret, which makes
it difficult to assess whether access to content is being restricted for a
legitimate purpose. Thirdly, even where justification is provided, blocking
measures constitute an unnecessary or disproportionate means to achieve the
purported aim, as they are often not sufficiently targeted and render a wide
range of content inaccessible beyond that which has been deemed illegal.
Lastly, content is frequently blocked without the intervention of or
possibility for review by a judicial or independent body.
See:
http://www.laquadrature.net/en/un-report-on-freedom-of-expression-bashes-g8-
acta-hadopi

4. In April 2011, a parliamentary mission took the opportunity to question
the grounds for filtering measures despite their apparent legitimacy, due
to their inefficiency and the adverse effects they may lead to. See:
http://www.laquadrature.net/en/net-neutrality-an-encouraging-report-from-the
-french-parliament

5. http://www.laquadrature.net/fr/le-filtrage-dinternet-viole-letat-de-droit

** About la Quadrature du Net **

La Quadrature du Net is an advocacy group that promotes the rights and
freedoms of citizens on the Internet. More specifically, it advocates for
the adaptation of French and European legislations to respect the founding
principles of the Internet, most notably the free circulation of knowledge. 

In addition to its advocacy work, the group also aims to foster a better
understanding of legislative processes among citizens. Through specific and
pertinent information and tools, La Quadrature du Net hopes to encourage
citizens' participation in the public debate on rights and freedoms in the
digital age.

La Quadrature du Net is supported by French, European and international NGOs
including the Electronic Frontier Foundation, the Open Society Institute and
Privacy International.

List of supporting organisations :
http://www.laquadrature.net/en/they-support-squaring-net-la-quadrature-du-ne
t

** Press contact and press room **

Jérémie Zimmermann, jz at laquadrature.net, +33 (0)615 940 675

http://www.laquadrature.net/en/press-room

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