A new report from the Organization for Security and Co-operation in Europe (OSCE) called "Freedom of Expression on the Internet" is intensely critical of Eurpean moves to censor the Internet, and is especially down on the French Hadopi rule that makes provision for disconnecting Internet users when someone is accused of using their network connections to infringe copyright. The OSCE rapporteur's conclusions are in line with the recent UN condemnation of Internet censorship and declaration that network access is a human right. Ars Technica's Nate Anderson's prepared some highlights from the report:
"Three strikes": "The increased use of so-called 'three-strikes' legal measures to combat Internet piracy is worrisome given the growing importance of the Internet in daily life... This disproportionate response is most likely to be incompatible with OSCE commitment on the 'freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.'"
Internet kill switch: "Existent legal provisions allow several OSCE participating States to completely suspend all Internet communication and 'switch off' Internet access for whole populations or segments of the public during times of war, states of emergency and in cases of imminent threat to national security. Reaffirming the importance of fully respecting the right to freedom of opinion and expression, the OSCE participating States should refrain from developing, introducing and applying 'Internet kill switch' plans as they are incompatible with the fundamental right to information."
Web blocking: "As blocking mechanisms are not immune from significant deficiencies, they may result in the blocking of access to legitimate sites and content. Further, blocking is an extreme measure and has a very strong impact on freedom of expression and the free flow of information. Participating States should therefore refrain from using blocking as a permanent solution or as a means of punishment... Blocking of online content can only be justified if in accordance with these standards and done pursuant to court order and where absolutely necessary. Blocking criteria should always be made public and provide for legal redress."
In 2010, after years of bitter fighting, the French National Assembly passed “Hadopi,” the worst copyright law in history, which provided for disconnecting whole families from the Internet if their network connection was implicated in an accusation of copyright infringement.
The Copyright Alert System — a “voluntary” system of disconnection threats sent to alleged file-sharers, created by entertainment companies and the large US ISPs — has just celebrated its first birthday, having spent $2 million in order to send out 625,000 threats to people it believed to be infringers. How’s that working out for them? […]
In Graduated Response Policy and the Behavior of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law a team of business-school researchers from the University of Delaware and Université de Rennes I examine the impact of the French “three-strikes” rule on the behavior of downloaders. Under the three-strikes law, called “Hadopi,” people accused of downloading […]
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