Sarkozy brings back crazy three-strikes Internet law

The French "Three Strikes" law is back on -- a law that can punish you for being accused of copyright infringement by cutting off your internet connection, fining you, and putting you in prison. It also criminalizes offering free internet access because pirates might use it.

Ed Felten nailed it: this is like a law that lets publishers take away all reading material from you and everyone who lives in your house if you're accused (without evidence) of infringing on three books.

Not content to let the idea die, President Nicolas Sarkozy's administration reworked the law in hopes of making it amenable to the Council--instead of HADOPI deciding on its own to cut off users on the third strike, it will now report offenders to the courts. A judge can then choose to ban the user from the Internet, fine him or her €300,000 (according to the AFP), or hand over a two-year prison sentence.

Those who are merely providing an Internet connection to dirty pirates can be fined €1,500 and/or receive a month-long temp ban from the online world. (A group of French hackers has already begun to work on software that cracks the passwords on locked WiFi networks so that there's an element of plausible deniability when law enforcement tries to go after home network owners.)

French "3 strikes" law returns, now with judicial oversight! (Thanks, Jeremie!)

• [Anonymous]

  WATCH THIS LECTURE!

  http://www.ted.com/talks/lang/eng/larry_lessig_says_the_law_is_strangling_creativity.html

• [IamInnocent]

  Considering the way it was (not really) defeated the first time no one should be surprised. It is doubtful that there will be more of an uproar among the general population any more than there was the first time. Sarko’s party member will receive the order to be present and to vote right (pun) then the law will become effective… and it will be defeated de facto by the reality of the very nature of the Internet, I hope.

• [Anonymous]

  “this is like a law that lets publishers take away all reading material from you and everyone who lives in your house (…)”

  Not exactly. By stating it like this, it makes it seem like they would have the authority to take away all your files and everything you have saved on your computer, ie, everything that you could read on a computer even without access to the internet. Maybe a better analogy would be to forbid you to buy new books and/or to go to bookstores and libraries. In other words, the content you already have (eg, saved on your computer – or according to the example, the books you already own) would not be taken away from you.

• [Anonymous]

  Fortunatly, French court have bigger fish to fry than to put on try some teenager for donwloading Prison Break.

• [Mitch]

  Criminalize providing free internet access because
  “pirates” might use it? Good thinking. Better shut
  down hardware stores, too. The tools people buy
  there might be used for burglary.

• [berli]

  Well, there’s another problem our ÃœberPresident may encounter, down here in France : the European Parliament already shot a bullet in the law’s leg, declaring it inadequate with european laws, and the french Conseil Constitutionnel probably won’t let go…

  Hopes…
  It already has cost the place of the former Culture Secretary of State, and the new one accepted the place only if he hadn’t to deal with HADOPI.

• [Takuan]

  the sole purpose of the law is to have a club to crush critics of the government.

• [noen]

  What do you expect? Sarkozy is neocon filth like Cheney and Harper. They must be fought at every opportunity.

• [Baldhead]

  I love how it’s always three accusations. not three convictions, which makes more sense. Another analogy: Losing your license for being pulled over three times, regardless of being ticketed.

• [Daemon]

  This time is apparently has some form of jucicial oversight.

  Though, from what I gather, it basicly consists of “hey judge, I’m going to turn off this guy’s internet due to unsubstiantiated allegations. is that fine?” “sure, whatever”

• [Anonymous]

  So, if large corporations and the government are accused of 3 copyright infringement acts, does that mean they can no longer access the Internet?

• [Itsumishi]

  Fortunatly, French court have bigger fish to fry than to put on try some teenager for donwloading Prison Break.

  This could be precisely why lots of people do get in trouble they don’t deserve. Courts don’t want to be tied up with this crap so they’ll be wanting to make sure the cases are short. The companies making accusations of peoples guilt will be prepared and will know what they’re doing (having plenty of practice) the people that are trying to prove they are innocent will not know how to argue properly and plenty of innocent people will cop fines, get disconnected or go to jail.