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France Seeks To Push 3-Strikes Law Across Europe

quanticle writes "As you may recall, France previously threatened to cut off broadband access for file sharers. However, after lobbying by the public, the legislation failed in the National Assembly. Now, the government of Nicolas Sarkozy is trying to revive the the measure by pushing it as an amendment to the pan-European Telecoms Package. This amendment has the potential to impose 3-strikes across Europe, not just in France."

36 of 265 comments (clear)

  1. Re:so we can hate the french again? by azgard · · Score: 5, Informative

    If you would hate just Sarkozy, it should be quite enough. Most French don't like him either (and no, not just because of filesharing).

  2. Re:This and G8... by azgard · · Score: 4, Informative

    There are two kinds of democracies. Representative and direct. They go under the same name, but they are very different. Unfortunately, we are stick with the first type. People need to realize there is a difference between those types, and not rely on honesty of politicians.

    There is an excellent book about direct democracy: http://www.democracy-international.org/book-direct-democracy.html

  3. Re:so we can hate the french again? by discord5 · · Score: 5, Insightful

    If you would hate just Sarkozy, it should be quite enough. Most French don't like him either (and no, not just because of filesharing).

    Oh trust me, the rest of Europe isn't too keen on him either

  4. Well, this is why France is not the United States. by Ryan1984 · · Score: 5, Interesting

    Lobbying from the PUBLIC seems to have an effect there.

  5. For fuck's sake by Yahweh+Doesn't+Exist · · Score: 5, Insightful

    Why are politicians so retarded?

    You are there to represent the people and your country. If you find yourself having to subvert the will of your public, your constitution, your own justice system etc., then take that as a big fucking clue that YOU ARE WRONG and the best way for you to help is to STFU.

    1. Re:For fuck's sake by Krneki · · Score: 4, Insightful

      They represent whoever pays for their election campaign, they don't give a damn about people as long as it doesn't affect their vote too much.

      --
      Love many, trust a few, do harm to none.
    2. Re:For fuck's sake by Lafeek · · Score: 5, Informative

      In France, the money for presidential campaigns comes from taxes, is limited, and of the same amount for every candidate. But if you got less than 5% of votes, you have to give back this money to the government (this can be painful).

    3. Re:For fuck's sake by Lafeek · · Score: 4, Informative

      Oh, and I forgot to say that they all have the right to the same amount of time on TV. And all of this is controlled and enforced.

      (Well, that is in theory.)

    4. Re:For fuck's sake by Therefore+I+am · · Score: 3, Interesting

      You just don't get it do you? These days politics is all about getting brownie points for when you are out of office. Three or four directorships of big companies will rapidly make up for the less than stellar political earnings. Some might look at this as a just reward - Why not see it as it is. It is bribery of a public official. The significant difference is that the pay-day is deferred some years and comes disguised as a seat on a board.....Usually with a bunch of crooks who have taken the same bait.

    5. Re:For fuck's sake by digitig · · Score: 4, Insightful

      And there is no way that lobbyists could get around this by lobbying the opinion formers (eg, the press) rather than by directly funding the political campaigns, is there?

      --
      Quidnam Latine loqui modo coepi?
    6. Re:For fuck's sake by Carewolf · · Score: 2

      And there is no way that lobbyists could get around this by lobbying the opinion formers (eg, the press) rather than by directly funding the political campaigns, is there?

      Of course there is, but they don't; maybe because they haven't got the idea, because their morale is too high, or because they are afraid it would backlash their candidate.

      I think the main difference between elections in the US and Europe is not the amount of regulation, but the amount of shit the electors tolerate.

  6. The worst since Berlusconi by Anonymous Coward · · Score: 2, Insightful

    Sarkozy is the worst leader in EU since Berlusconi.

    1. Re:The worst since Berlusconi by WingedHorse · · Score: 2, Informative

      Aye but well, even though they might seem to have most power in EU, in reality most of Europe doesn't get much worried when they try to push through some idiotic rulings like that. The french and the italians are doing that constantly and it is not often they get something actually through.

      --
      Fine print: I work in internet advertising.
    2. Re:The worst since Berlusconi by Hognoxious · · Score: 3, Informative

      Hate to break it to you, but Berlusconi is still there.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    3. Re:The worst since Berlusconi by armareum · · Score: 2, Interesting

      Sorry, why is it not allowed to criticise, or lament upon, the voting criteria and choices of an electorate?

      --
      Is this a rhetorical question?
    4. Re:The worst since Berlusconi by Hognoxious · · Score: 2, Insightful
      Do you know what since means? It cannot, in the temporal rather than the causal sense, refer to something that is ongoing. Got that?

      the general impression in this thread is that there's a consideration that electors were stupid or misguided in voting for a certain leader.

      What's wrong with that? Don't you think it's possible that (hindsight being 20-20) they made a bad choice - not necessarily in this case, but anywhere, ever? To avoid Godwin's law I won't mention the obvious example.

      People are free to criticize governments, but NOT the electors that voted for them.

      Well if you say so, it must be true. I could comment on the irony of someone who goes on about the will of the people in one sentence while issuing royal proclamations in the next, but I won't. Did I imagine those people saying the Americans were pretty dumb to elect Dubya not just once but twice?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  7. Re:so we can hate the french again? by jessica_alba · · Score: 5, Funny

    that was a press thing, do you really believe we americans would add an extra syllable to our fries, we actually prefer to communicate in grunts as we stuff our faces.

  8. Re:This and G8... by mdwh2 · · Score: 4, Insightful

    Although I think direct democracy would have its own problems too - we'd be under the will of the masses.

    There are some things that referendums are appropriate for (issues that affect everyone), but just look at what happens when you put questions like "Should gay people be allowed to marry" to referendums as I believe has happened in some US states.

    I'm not sure how things would work in this case - whilst few people would care about the record industry and most people happily copy CDs/tapes, filesharing is still something only done by a minority of people AFAIK, and most people probably don't see the Internet as some fundamental need, so I fear that a proposal to ban filesharers (especially with a bit of campaigning that associates "filesharing" with not only "stealing", but terrorism and p0rn) would still get passed in a referendum.

    Here in the UK, our unelected second house is the only thing that can stop some of the authoritarian measures the Government is pushing through (similarly with the unelected Supreme Court in the US being the thing which protects the Constitution).

  9. Wrong. by Anonymous Coward · · Score: 5, Informative

    The french law project which establishes an independant authority with power to ban users from the Internet (by cutting the Internet access) after three strikes has not failed to pass in the National Assembly : IT STILL HASN'T BEEN EXAMINED THERE !

    It is scheduled to be examined soon by the Senate first and then eventually by the National Assembly. You can read it there in french : http://www.senat.fr/leg/pjl07-405.html

    What is true is that right now the French ISP association (including every french ISP), the web services association (including Google, Microsoft, Yahoo! and such), the commission in charge of regulating telecommunications, the commission in charge of the defense of privacy and several others have all said they were against this law.

    Besides, even though I can imagine Nicolas Sarkozy being pleased if there were european legislation copying his ideas, I don't see any particular lobbying from his part in the European Parliament. Just look at the amendments and who wrote them (in the IMCO, ITRE or LIBE committee).

    http://www.laquadrature.net/files/amendements-compromis_ITRE-IMCO_7juil/

    And I'm not even speaking of the usual fierce independance of MEP toward national governments. They're much nicer with regular lobbying groups, in this case the music and movie industries.

  10. Re:so we can hate the french again? by OrangeSpyderMan · · Score: 5, Interesting

    Most French don't like him either (and no, not just because of filesharing).

    As a brit living in France for the past 12 years or so, this is one of the most annoying traits of the French vox populi. They forget very, very quickly that most of the French actually voted for him. His politics since he's been in power aren't that different from what he announced, and certainly not that different from his opinions in previous government positions. Short memory, and quick to criticise, the French - they did pretty much the same thing when Jacques Chirac got a landslide victory when most of them couldn't be bothered to vote and so Le Pen got to the second round.

    --
    Try NetBSD... safe,straightforward,useful.
  11. Write your congresscritter, EU-style! by PacoCheezdom · · Score: 4, Informative

    This rule would still have to be approved by the European Parliament for it to become law. If you're an EU citizen, do like the FA says and write your MEP:

    http://www.europarl.europa.eu/members.do?language=EN

    drill down the map until you get to the member page; there are three postal addresses at the bottom of page. I'd either write to them in Brussels or their constituency address, since they're only usually in Strasbourg once a month. There's an email contact too, at the top.

    On a side note, I've actually been in the mailroom at the EP building in Brussels, and it's really nice. It's in a prominent position right on one of the main corridors between the offices and the hemicycle.

  12. Re:so we can hate the french again? by digitig · · Score: 4, Insightful

    The rest of Europe (indeed, the rest of the world) should have no say in the democratic election, but is free to have an opinion on the resulting democratically elected official. After all (checking carefully for Godwin), the fact of his initial democratic election did not prevent much of the rest of the world taking a view of Adolf Hitler, did it?

    --
    Quidnam Latine loqui modo coepi?
  13. Shamed of being French right now by fgaliegue · · Score: 5, Insightful

    Because I am.

    Curiously, some French politicians are brilliant, but they're not part of the French government.

    A French "European deputy" (for lack of a better name) has opposed this three-strike legislation, arguing (rightly so imho) that "an industry that is not able to make do with new consumer habits [the Internet]" shouldn't impose its rules to the government. The French government hasn't listened.

    Michel Rocard is famous for opposing software patents. The French government hasn't listened.

    French automobile club leaders, the least of which is not the president of the ACO (Automobile Club de l'Ouest, supervising the 24 hours of Le Mans) said that the pollution tax is a mistake, because one already exists and that's the TIPP (Taxe Intérieure sur les Produits Pétroliers, Internal Tax on Petrol-derived Goods, for lack of a batter name) that one pays for each centilitre of gasoline/Diesel in the tank, and that there's no reason than a guy driving only 3000 miles a year in his Ferrari should pay more than one driving ten times that in his Diesel Renault Logan. The French government doesn't listen.

    Just, where has common sense gone?

    1. Re:Shamed of being French right now by damienl451 · · Score: 2, Interesting
      The consumer habits change argument is hardly convincing. Copyright law does indeed secure a source of income for artists but it is not the rationale for its existence. At the root, the idea is that a temporary monopoly over one's works is necessary to motivate artists to devote time to creating new works.

      If it were simply a change in consumer habits, I'd happily say laissez-faire . If people are not interested in music anymore, let record companies disappear! Here, however, we are faced with a slightly different situation. It is not that people are not interested in music anymore, but that they have found a way to illegitimately acquire a perfect substitute without having to bear the costs that went into producing it. In other words, we have a free rider problem, and I'd argue that it will lead to societally sub-optimal outcomes

      Currently, the problem cannot yet be felt. In the short-term, indeed, people will still buy CDs and legitimate copies of songs, partly out of fear, partly because they think it's their moral duty to compensate artists. As a result, record companies have an incentive to sign artists, who have an incentive to devote their time to music.

      In the absence of copyright law, the amount of music created would not be the socially optimal one. Fewer people would choose a career in music (and, contrary to popular misconceptions, it is not true that genuinely talented individuals would play anyway -- you can be incredibly talented and motivated by profit, romantic myths notwithstanding), less good music would be made (since record companies would have less money to spend on new artists), etc.

      The fact is that the new regime favored by some would be more restrictive than the current one. At the moment, each artist is free to choose whether he wants to release its works for free, or charge a fee. If this fee is too high, consumers can buy another, less expensive CD, or simply not listen to music anymore. The government's job is simply to make sure that everyone's choice is not violated. Nobody looses out because of copyright law: if you refuse to listen to a song because it is too expensive, you haven't lost anything!

      If, however, copyright is abolished or file sharing legalized, the artist's freedom is threatened (since he cannot decide who gets access to his music). How is this an improvement over the current system in which the price of music, which can be equal to zero, is determined by supply and demand?

    2. Re:Shamed of being French right now by IgnoramusMaximus · · Score: 2, Insightful

      In the absence of copyright law, the amount of music created would not be the socially optimal one. Fewer people would choose a career in music (and, contrary to popular misconceptions, it is not true that genuinely talented individuals would play anyway -- you can be incredibly talented and motivated by profit, romantic myths notwithstanding), less good music would be made (since record companies would have less money to spend on new artists), etc.

      This is where you are 100% wrong. A 99% reduction in production of what currently passes as "art" would have no impact whatsoever as the only thing that profit motive motivates is utter kitsch. One artist who does art as art must be done: as an internal calling to express himself, is worth 1000 "for profit" schmucks manufactured by media companies to be "products". And this is all there is to it.

      Human civilization was awash in art long before there was a copyright and it will remain so long after the idiotic idea bites the dust.

      Unless of course by "socially optimal" you mean for some selected view mega-corporate fiefdoms to be raking in billions running an elaborate scam, at a mere expense of a totalitarian police state required to make the scheme stick in the age of digital communications.

      At the moment, each artist is free to choose whether he wants to release its works for free, or charge a fee. If this fee is too high, consumers can buy another, less expensive CD, or simply not listen to music anymore.

      You are making the fundamental errors all "greed philosophers" do: that art is a "product" to be bought and sold. Followed by even more grave scientific error: that art forms based on pure information can be traded at all, as information does not posses the required attributes to be a trade-able "private property".

      The government's job is simply to make sure that everyone's choice is not violated. Nobody looses out because of copyright law: if you refuse to listen to a song because it is too expensive, you haven't lost anything!

      Except a host of personal freedoms. In order for the government to enforce the idiotic copyright regime designed for ink splattered on a by product of dead trees, and which is wholly unworkable in a digital age, the only path available to the government is wholesale monitoring of all communications coupled with draconian "guilty until proven otherwise" measures we see proposed more and more frequently. This is simply a straightforward logical outcome of the concept of "copyright". While it was practically workable in an age where only few select individuals were capable of possessing an ability to copy a book, it is no longer so in a world in which the cost of duplication is approaching zero and the means of which are in the hands of every member of the society. The only way to make copyright workable again is to reverse the technological progress (i.e. to make sure that the cost of duplication becomes astronomical again and/or it is only available to select elites). Which of course has the desired side-effect of restoring control of all mass communications (and thus political speech) to the "right people".

      If, however, copyright is abolished or file sharing legalized, the artist's freedom is threatened (since he cannot decide who gets access to his music).

      No such control ever existed. It is like trying to control who has access to the photons bouncing off your ass when you walk on a major city street. The very definition of art is a mass dissemination of the artist's expressions. Every artist (as opposed to a greed-motivated kitsch "manufacturer") has an intrinsic desire to spread his message as widely as possible. Attempting to control who gets the message is the very anathema of art. The moment you try you cease to become an artist.

      How is this

  14. Re:Why do Politicians actually care? by PopeRatzo · · Score: 5, Insightful

    They're a bunch of bureaucratic, cheese crazed socialists and that's not the sort of place I want to live in.

    To anyone who's had their financial life destroyed by medical bills here in the US, I bet it sounds pretty good, actually.

    --
    You are welcome on my lawn.
  15. Re:This and G8... by Bastard+of+Subhumani · · Score: 4, Funny

    The problem with the public is this.

    Think of how stupid the average person is; well, half of the public are stupider than that.

    --
    Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
  16. Re:Gerr by Candid88 · · Score: 2, Informative

    Kind of ironic to say that on the day that France won the USA's independance.

  17. Re:This and G8... by azgard · · Score: 2, Interesting

    Do you have any particular reason why you think it wouldn't scale? I don't see any reason why it wouldn't, it works in Switzerland pretty well, and there are 7 million people (I suspect that you chose large city exactly for that reason). I would, for example, say that some human institution won't scale if it relies on bounded number of humans somewhere, or if the people cannot meet or know each other personally. But none if this is relevant in Switzerland.

    I agree that not everything should be voted on, and I agree that voting should be about rules that hold for everybody (or everybody who has a particular behavior), and not a specific group or person.

    Second, I also believe that very important and overlooked property of democracy should be reversibility, i.e. we can change the law back if we don't like the outcome. This is not a bad thing. People do learn by mistakes, and human societies are no different. This by itself prevents voting out some group of people.

    Third, I think that competition of law systems is important. Switzerland has a rule that every law gets decided on the relevant level (federal, canton or local). That way some new law can be tested on small scale first and then, once the result is known, it can be (if people wish so) applied on the larger scale.

  18. Re:so we can hate the french again? by feathersmg · · Score: 4, Insightful

    Most French don't like him either (and no, not just because of filesharing)

    Geez, he didn't get elected all that long ago. What did he do to piss everyone off so quickly?

    Well, he just did what he promised to do : help rich people to earn more money, throw more and more dark skinned people in jail, etc ... Indeed, at least 53% of french people can't read and vote for the candidate most seen on TV. The problem is : all elections are over, president and national assembly are elected and we're stuck with him and all his friends for the next 4 years.

  19. Re:This and G8... by ultranova · · Score: 2, Funny

    Think of how stupid the average person is; well, half of the public are stupider than that.

    Yeah. Some of them don't even know the difference between median and average :).

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  20. Re:This and G8... by azgard · · Score: 2, Insightful

    I'll give you example from my country (Czech Republic). Most people here (70%) supported gay marriage before politicians supported it. Last year (I believe) it passed, but just so-so.

    Anyway, Switzerland has 150 years of experience with this. So there are some empirical results. And they show, for the most part, that voters are very conservative, and usually resist any change. Switzerland had voting rights for women until very recently, for example. On the other hand, they have pretty decent human rights record.

    I don't know why you assume that elected government is somehow able to protect minorities better. In fact, I would challenge you to come up with a historic example where the elites protected some (non-elite) minority better than the majority of people would.

    Oh, I see why you think that. You believe that politicians protect minorities because they will gain their support. But it's an illusion. If the protection of minorities is unpopular, why would they risk doing something unpopular and lose the majority? If you think about it, there is no way they could support a minority view and gather more support than by supporting majority view. Unless, of course, the majority doesn't really care about the minority, which is in fact most commonly the case.

  21. Re:This and G8... by damienl451 · · Score: 2, Insightful
    Well, for starters, maybe it's also impossible to determine whether the right to vote is objectively good or bad?

    Regardless, the major problem with your analysis is to assume that people do indeed vote randomly. If it were the case, your argument would be spot on and one of democracy's biggest flaws would not be a source of concern. If uneducated people vote randomly, their votes basically cancel out (as your correctly pointed out) and smart people choose which policy will be implemented.

    In the real world, however, voters do not simply vote randomly. They have systematically biased beliefs that influence the way they vote.

    In the world you describe, if asked about NAFTA, average people would basically flip a coin and vote either in favor or against it at random. Economists, however, would know better and choose the right policy, which would then be implemented. In the real world, people are much more likely to vote against it because they share the same misconceptions about NAFTA and free trade! Thus, although some people know better, their voices are not heard and bad policies get chosen.

    You should read Caplan's The Myth of the Rational Voter , he makes this argument very convincingly.

  22. Why "Three Strikes"? by Jeremy+Erwin · · Score: 3, Funny

    Is baseball that popular in France?

  23. Re:This and G8... by J.Y.Kelly · · Score: 3, Interesting

    Think of how stupid the average person is; well, half of the public are stupider than that.

    Yeah. Some of them don't even know the difference between median and average :).

    Or maybe they know that IQ is normally distributed - therefore the median and the mean would be the same :-)

  24. Re:Why do Politicians actually care? by PopeRatzo · · Score: 2, Insightful

    Yeah, the French public medical system works so well that 92% of its residents carry supplementary private medical insurance and there are copayments or deductibles ranging from 10-40%. And despite the public oversight it still manages to be the 3rd most expensive system (in terms of % of GDP) in the world.

    That does not change the fact that in France, people don't go broke, lose their homes, declare bankruptcy just because their child got sick. More important, the French don't have to make the Sophie's Choice of whether to fix a daughter's asthma or a son's nearsightedness.

    We're going to be hearing a lot more about how awful universal health-care is and how being able to afford an operation takes away a person's liberty, but increasingly, people just aren't buying that baloney.

    --
    You are welcome on my lawn.