[ NNSquad ] France's HADOPI law, in English

[PK <djc@resiak.org>]

I've just finished translating into English the French HADOPI law
regulating intellectual property policy on the Internet and establishing
penalties for violation of intellectual property rights.  The draft is
available at

    http://www.laquadrature.net/wiki/HADOPI_full_translation

"HADOPI" stands for "High Authority for the dissemination of works and the
protection of rights on Internet", the administrative body -- that is, a
body appointed, operating by decree, and outside the judicial system --
which will be charged with detecting illicit copying of protected material,
and catching and punishing those it holds responsible.  This law recently
passed in the French legislature by a narrow margin.

Article 5 is the one most relevant to the controversy that has surrounded
the law, which stems from two fundamental disagreements:

  first: whether it is wise, or even legal, to entrust this very sensitive
  and consequential matter to an appointed administrative body rather than
  to the courts; and

  second: whether the sanctions envisioned, which can have the effect of
  depriving entire households of Internet service if the High Authority
  decides that a subscriber has committed three infractions -- the
  so-called "three strikes" or "graduated response" provision -- are
  consistent with the view that Internet service today has become a public
  utility like telephone service or electricity, and should be regulated
  like one.

The heavy emphasis on "technical measures" to detect illicit activity is
also worth noting.

The European Parliament, in its latest session, rejected by a huge majority
the notion of purely administrative authority over copying, in which it is
in conflict with the EU Council.  As a result of this conflict the Telecom
Package of which these elements are part has not yet passed; the whole
package, including this provision, is now in negotiation between the
Parliament and the Council.  If legislators hold their ground for the final
version in this negotiation, then the EU Telecom Package law will supersede
France's law.  Of course this would also have repercussions throughout
Europe.

Please draw errors in the translation to my attention.  Any progressively
corrected versions will appear at the same URL.

Pete Kaiser