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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The revised French 3-strikes law, known as Hadopi-2,  has been referred to the country's highest court on the grounds that it continues to attack fundamental rights to free speech and due process .

 

France's revised law to implement graduated response/3-strikes measures is to follow its predecessor to the Constitutional Council. The  French opposition Socialist group  has made the referral on the primary grounds that the revisions to the law continue to

Read more: Hadopi-2 goes to Constitutional Council

Attack on liberty in France as Sarkozy's government pushes through the re-written law. And Jacques Toubon is put in charge of new business models ( no joke).

 

The French Assemblee Nationale has voted in favour of the Hadopi-2 law,  in a second attempt to enforce copyright on the Internet by sanctioning users. The law  imposes fines of up to 1500 Euros for downloading, and 3500 Euro for being 

Read more: France revives 3-strikes as Hadopi-2 is carried

The French government's revision of its protectionist anti-downloading law gives users the right to a judgement but increases the level of surveillance. Will it yet again find itself at loggerheads with EU law?

 

The French government, desparate to please the creative industries is rushing through a new version of its Creation and Internet law to penalise Internet file-sharing and downloading of copyrighted content .  The re-draft, nicknamed Hadopi 2, retains much of the 3-strikes concept, but  it has been forced to make alterations in light of  the Conseil Constitutionel decision which declared certain elements of the law to be in breach of fundamental rights. On the other hand, it seems to extend the scope to cover not just peer-to-peer file-sharing but files transmitted over any type of electronic communications network. 

If I understand it correctly, the re-work alters the basis of the law  from

Read more: Hadopi 2: a marked negligence ?

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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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