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[ NNSquad ] French Law Would Bring "Les Miserables" Reasoning to ISP users


Greetings.  The proposed new super-surveillance, anti-piracy ISP law
is advancing rapidly in France, with supporters promising to reopen
Devil's Island and launch new prison galleys for violators.

OK, there's actually no talk of Devil's Island or galleys, and
apparently no plans (yet) for bringing back la guillotine, but
Inspector Javert would likely still be mightily pleased by the law's
lack of basic balance.

This New York Times piece gives a good overview of the proposal's
various bizarre aspects:

http://www.nytimes.com/2009/04/09/business/global/09net.html

Among the wacky provisions:

   -- Handing enforcement powers to ISPs and third parties hired
      by ISPs

   -- Guilty until proven innocent (always speeds up the process!)

   -- Making it illegal to have Wi-Fi hotspots that aren't
      "properly" filtered

   -- And other related concepts with the kind of public "appeal"
      that proved so problematic for Louis XVI

Unaddressed in the article is the question of what happens to people
who are "cut off" from their ISPs under such laws.  Can they go to
another ISP?  Is there an "evil user" blacklist to prevent this?  If
someone is refused service by all ISPs, how will they (and presumably
their family members) function in a world where Internet access is
increasingly assumed for all manner of basic commercial and
governmental functions?

There is debate regarding whether or not the law will pass
constitutional muster in France, but the supporters of the measure
seem to have forgotten what "Liberty, Equality, Fraternity" is all
about.

--Lauren--
Lauren Weinstein
lauren@vortex.com
Tel: +1 (818) 225-2800
http://www.pfir.org/lauren
Co-Founder, PFIR
   - People For Internet Responsibility - http://www.pfir.org
Co-Founder, NNSquad
   - Network Neutrality Squad - http://www.nnsquad.org
Founder, GCTIP - Global Coalition 
   for Transparent Internet Performance - http://www.gctip.org
Founder, PRIVACY Forum - http://www.vortex.com
Member, ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
Twitter: LW1