HADOPI – The comeback continues

It seems this will never end… The new french law, which I have already talked about [1], is a never ending nightmare. The French government being unhappy with the result of the last constitution council decided to add a clause specifying that it is a crime to fail to secure one’s Internet connection. In practice, it means that if one’s Internet connection has been misused or it’s IP spoofed, one must install software preventing illegal download as a proof of good faith; if not, when in front of a tribunal where one cannot be proved guilty, one can still be condemned for failing to properly secure their connection ! The fine can be up to 5000 euros and their connection cut off for a month.

This is in French law, a category 5 fine. Just for fun, let’s see what kind of crimes those fines punish (here are only the category for crime against state, nation or public peace; the equivalent for crime against person would be voluntary violence causing more than 8 days of invalidity [2]):

  • Wearing a sign or uniform of organisations linked to crime against humanity
  • Intrusion in schools
  • Refused to give back counterfeit notes or coins

I mean, if this is not insane, I really don’t know what is… Imagine if we were to translate this into other everyday life domains. Someone has a lawnmower in its garden tool shed. A criminal passes by, breaks in the tool shed, steals the machine and attacks a random passerby which, unfortunately, gets beheaded (!). The criminal runs away never to be found. You can now be found guilty of not adding a chain and lock plus a CCTV monitor directly linked to your nearest police station in your tool shed !

Here is a couple of links (mostly in French sorry):

  • An article that explains that it is unlikely to be accepted as the IP collection cannot be considered incriminating enough to lead to condamnation [3]
  • A very good and detailed explanation by a lawer (very good and recognized blog by the way) [4]. He noticably explains that the accelerated procedure cannot be applied to minors and pre-suppose that the artists give up any demand for reparation !
  • An interesting IT point of view [5]

The law will be discussed at the senat tomorrow… so wait & see !

[1]:https://burgerminds.wordpress.com/2009/06/28/hadopi-the-comeback/
[2]:http://fr.wikipedia.org/wiki/Contravention_en_droit_pénal_français#5e_classe
[3]:http://www.numerama.com/magazine/13252-Hadopi-2-une-amende-de-1500-euros-en-cas-de-defaut-de-securisation.html
[4]:http://www.maitre-eolas.fr/2009/06/18/1452-hadopi-2-le-gouvernement-envisage-le-recours-a-l-ordonnance-penale
[5]:http://www.lemagit.fr/article/internet-hadopi-loi-droit-auteur/3725/1/hadopi-ses-defauts-ouvrent-porte-des-erreurs-judiciaires-masse/

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