Big tech accountability? Read how we got here in  The Closing of the Net 

France

I wrote this in 2008 when this website was first set up and I was in my early days of researching this policy. In 2022, it seems little has changed. Policy is still trying to use mass surveillance to enforce against users. The arguments are similar. The difference is the scale. 

Way back in 2008, the French government brought in a law  for measures to enforce copyright, which was officially called the Creation and Internet law, but colloquially  referred to as the Hadopi law ( loi Hadopi), and which was dubbed "3 strikes and you're out!"  The idea was that warnings would be sent to thousands of users accused of copyright infringement (delivered by ISPs to their customers on behalf of the copyright owners) and penalties would include termination of Internet access. The proposals were first put forward  by the 'Mission Olivennes', and commission headed by Denis Olivennes, former head of the French retail chain called the Fnac. The law passed through the French Parliament in 2009.

The Hadop was actually a government body charged with supervising the law.  It was mandating changes to computer security software which effectively entail  mass surveillance of Internet users. Those behind the measures were entertainment and music companies who own large libraries of copyright material. They sought to use online surveillance to look for users alleged to be downloading files without payment or permission.

My paper The French law on Creation and Internet – using contract law to squash file-sharing is available here.

If you like the articles in this section and you are interested in  copyright enforcement policy and what happened to the Hadopi law, you may like my books A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms and The Copyright Enforcement Enigma - Internet Politics and the ‘Telecoms Package’

You may also  like my book The Closing of the Net which positions the story of the Hadopi law in the wider policy context.

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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

Read more: Hadopi's secret 3-strikes security spec leaked

Will a new law for ‘national security'  herald the introduction of Internet filtering in France?

 

Don't be fooled by the cute name - the LOPPSI (Loi d'Orientation et de Programmation pour la Sécurité Intérieure)  is a new French law for national security, which, among other things, seeks to introduce  filtering of the  Internet. The law has been debated this week in the French Parliament ( Assemblée Générale).  It will  initially require ISPs to block access to websites on a government-compiled list  for the  specific purpose of 'protecting children', but many commentators believe that the government plan to implement it more widely. 

 The critical provision in the LOPPSI was Article 4, which seeks to permit the blocking of websites deemed to contain child pornography. The Article has provoked

Read more: French LOPPSI law threatens net filtering

Former MEP Jacques Toubon is now on a French government committee looking at new business models for creative content on the Internet. Their first recommendation is a tax to hit at Google - and no doubt, eBay. But it will also hit at those big media companies which are still trying to make a commercial business out of their web properties.

 

Not content with putting the copyright amendments in the EU Telecoms Package, now Jacques Toubon wants to increase the squeeze on the Internet with a tax on online advertising. The tax is

Read more: Toubon strikes again - France to tax Google

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States v the 'Net? 

Read The Closing of the Net, by me, Monica Horten.

"original and valuable"  Times higher Education

" essential read for anyone interested in understanding the forces at play behind the web." ITSecurity.co.uk

Find out more about the book here  The Closing of the Net

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Copyright Enforcement Enigma launch, March 2012

In 2012, I presented my PhD research in the European Parliament.

Iptegrity in brief

 

Iptegrity.com is the website of Dr Monica Horten. I’ve been analysing analysing digital policy since 2008. Way back then, I identified how issues around rights can influence Internet policy, and that has been a thread throughout all of my research. I hold a PhD in EU Communications Policy from the University of Westminster (2010), and a Post-graduate diploma in marketing. I am on the Advisory Council of the Open Rights Group.  I’ve served as an independent expert on the Council of Europe  Committee on Internet Freedoms, and was involved in a capacity building project in Moldova, Georgia, and Ukraine. For more, see About Iptegrity

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

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The politics of copyright

A Copyright Masquerade - How corporate lobbying threatens online freedoms

'timely and provocative' Entertainment Law Review


 

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