French Three-Strikes Law Ruled Unconstitutional

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."

Comments

Good News For Once

[alain94040]

The French "Conseil Constitutionnel" is a joke compared to the US Supreme Court, but for once they made the right decision.

At a minimum, the right to defend yourself and face your accuser was sorely lacking from the "3-strike" legislation. The French legal system already has the equivalent of the US small claims court, so there was no reason for the ISPs to become judges.

The other good news is that the court is basing its decision on the fact that a right to communication (speech, really, if you translate into US constitution lingo) includes the right to access the Internet. That's pretty cool potentially!

--
pour les developpeurs qui n'habitent pas dans la Silicon Valley: FairSoftware

Re:Good News For Once

[bedonnant]

The conseil constitutionnel is not a joke compared to the US Supreme Court, it's just something completely different. It validates or invalidates laws passed by parliement, when the supreme court is a judicial body, ruling over a court case.

Re:Good News For Once

[TheGratefulNet]

lets hope that (the world) takes this further and embraces the right to encrypted speech as well as free speech.

you know what I'm referring to. those that listen in, just because they're too bored or unable to find the real 'bad guys'.

if internet access is a 'right' then the ability to communicate without some 3rd party listening in should also be a right.

Re:Good News For Once

[Le T800]

To clarify a bit, the "Conseil Constitutionnel" in France is supposed to check that new laws respect the principles of the French Constitution, which is supposed to respect the principles of the "Men and Citizens's Right Declaration" from 1789.
From now Internet in France is recongnized as a fundamental right, associated to the right to communicate freely.

Re:Good News For Once

[mrex]

Wrong, the United States Supreme Court can review and declare a law unconstitutional.

Only in connection with a court case brought by an entitled petitioner.

Re:Good News For Once

[Chabo]

But SCOTUS can only rule a law unconstitutional based on a court case. Someone affected by the law must sue the appropriate government entity before any court can rule on it.

For example, in the original case that led to D.C. v Heller from last year, the plaintiffs had to have applied for a firearm permit under the current system, and been denied. Then the denial would be the basis of the case.

Re:Good News For Once

[KDR_11k]

France uses civil law which means a court's decision is not a law, the US uses common law so deciding a court case there can very well make a new law. So in the US being a court implies being able to make or remove laws while in France that's a separate set of permissions.

Re:right again

[sakdoctor]

Not all p2p users are ethical. Some don't seed.

Re:So what? People stay at bat all day??

[gnick]

Welcome to cricket...