Copyright? Copywrong?  Why do fundamental rights matter in copyright policy? Read 

A Copyright Masquerade: how corporate lobbying threatens online freedoms

'Recommend it heartily' Society for Computers & the Law (SCL) 'valuable resource' Electronic Frontier Foundation (EFF)

Available worldwide in paperback or download  Amazon Kindle: United States   -  UKGermany  - France   -  Italy - Spain

EPub: Waterstones EPub  -    Angus and Robertson E-book Instant Download (Australia)    

Government certified security software:  the French government's Hadopi wants to spy on everything on your computer, every time you log on, otherwise you cannot defend yourself against breach of  copyright allegations.  How far does this breach our right to privacy or freedom of expression?

 

Confidential details of a French government consultation on how to secure Internet access for 3-strikes/graduated response measures, have leaked. The consultation is  run by the Hadopi, the new public authority set up to oversee the French government's graduated response / 3-strikes law for copyright enforcement. The measures target peer-to-peer file-sharing in particular.

Although the consultation is supposed to be public, the details of the specification that Hadopi is requiring were kept secret. The leak - first reported by the French online technology magazine  Numerama.com -  is significant because it reveals a proposal for surveillance on Internet users'  own computers. The Hadopi is consulting on

security software so that Internet subscribers can secure their Internet access and defend themselves against an allegation of copyright infringement. The leaked document describes a functional specification for security software to meet that  requirement. The measures appear to be ‘belt-and-braces' in that the software will be required to monitor all traffic through the Internet access as well as all files on the user's computer and the router configuration.

 

The Hadopi has asked for the software to contain 4 key elements. They are

  • the real time observation of protocol traffic;
  • analysis of configuration files, including static analysis of  the programmes installed and the  router, and dynamic analysis of the use of the connection;
  • logs of all activity on the Internet access  - including activation /deactivation, modification of any security profiles -  to be kept for a year;
  •  a system of alerts warning users if they are about to use  a P2P connection: for example, "You are about to download a file using a P2P protocol - do you want to continue?".

 

The Hadopi specification actually suggests that the software may block users' acess ‘depending on the chosen security policy'. A rough translation is: "Depending on the traffic observed and the chosen security policy, one or more technical actions may be applied: allow or block ( according to the criterial defined in the present document, and which include the type of traffic or protocls, the applicable lists, the characteristics of the formats, volumes, user profiles, usage...) "

 

The document also reveals a Hadopi proposal to set up white, grey and blacklists which this certified software will use to filter data.

The software will be developed by private companies and receive certification from the Hadopi. Thus it is effectively government certified security software, and questions must be asked how much this differs from State censorship. Alternatively, how does it differ from a ‘general obligation to monitor' which is not permitted under EU law? 

 Users in the UK should be warned. The issue of how they can defend themselves against allegations under the Digital Economy Act will arise in the autumn.

Read the report in Numerama.com  

The confidential Hadopi Projet de spécifications fonctionnelles des moyens de sécurisation   can be found here.

 

A report from Liberation   is here.


 

This article is licensed under a Creative Commons Attribution Non-commercial-Share Alike 2.5 UK:England and Wales License. http://creativecommons.org/licenses/by-nc-sa/2.0/uk/ It may be used for non-commercial purposes only, and the author's name should be attributed. The correct attribution for this article is: Monica Horten (2010)  Hadopi's secret 3-strikes security spec leaked  http://www.iptegrity.com  3  August 2010

Iptegrity.com is the website of Dr Monica Horten,  policy writer and Visiting Fellow at the London School of Economics & Political Science. She is an independent expert on the Council of Europe Committee on Cross-border flow of Internet traffic and Internet freedom (MSI-INT). She was shortlisted for The Guardian Open Internet Poll 2012. Iptegrity  offers expert insights into Internet policy. Iptegrity is read by lawyers, academics, policy-makers and citizens, and cited in the media. Please acknowledge Iptegrity when you cite or link.  For more, see IP politics with integrity

A top IP law book!

A Copyright Masquerade - How corporate lobbying threatens online freedoms

'timely and provocative' Entertainment Law Review

Paperback and Kindle and Epub formats.

Available at the following online stores or get it from the publisher Zed Books  direct:

Amazon France

Amazon Germany

Amazon Italy

Amazon UK

Amazon USA

Waterstones Online UK

The Guardian Bookshop

Librerias Marcial Pons Spain 

Librarie Europeene / The European Bookshop, Brussels

Orell Füssli, Zurich, Switzerland

Iptegrity.com is made available free of charge for  non-commercial use, Please link-back & attribute Monica Horten. Thank you for respecting this.

Contact  me to use  iptegrity content for commercial purposes