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French Three-Strikes Law Ruled Unconstitutional

Posted by timothy on from the note-that's-the-french-constitution dept.

An anonymous reader was one of several to write with this news: "The French 'Conseil Constitutionnel' just ruled that the recently voted 'Hadopi' law, which enforces a 'three strikes and you're out' system, is actually unconstitutional [article in French; here's an English-language article at Ars]. They mainly make two points: 1) They argue that removing Internet access is equivalent to hindering a person's freedom of speech, and as such can only be decided by appointed judges. This removes all punitive power from the administrative body supposed to enforce the three-strikes rule; all it can do now is warn you that 'they're watching you.' 2) When illegal filesharing is detected, users have to prove their innocence. This is obviously contrary to the constitutional principle of presumption of innocence."

1 of 195 comments (clear)

  1. Re:right again by snl2587 · · Score: 0, Troll

    Don't let this delude you into thinking that any and all forms of p2p are ethical.

    Any forms? So, according to you, I'm unethical for using apt-p2p for my Ubuntu updates?