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Hadopi 2 adopted very fast by the French Senate

15 July, 2009

This article is also available in:
Deutsch: Hadopi 2 vom französischen Senat sehr schnell angenommen

On 8 July 2009, in a very rapid session, the French Senate adopted the new three strikes draft law, so called Hadopi 2.

The only difference between the first version of the law and Hadopi 2 is that the sanctions to be applied to alleged illegal downloaders will be decided by the court and not by Hadopi authority. However, things are not improved as the entire process is speeded up by a simplified procedure that does not leave room for the presumption of innocence. Article 1 of the text provides that, "until proven otherwise", the statements made by Hadopi officers and presented before the judge are considered as evidence. The alleged offender is the one who is supposed to prove his (her) innocence.

The senators rejected the motion introduced by the opposition to send back the text to the legal commission as well as all other amendments except one that allows the alleged infringers to ask for a hearing to HADOPI and to be assisted.

Hadopi officers will have the authority to find copyright infringements on the P2P networks and electronic communications which means that they may open attached items to personal messages. The opposition asked the Senate to cancel the phrase "electronic communications" because it includes e-mails and instant messaging, as well which would mean breach of privacy.

But the new Minister of Culture, Frédéric Mitterrand, justified the reintroduction of the phrase by the decision of the Constitutional Council saying that, based on the equality principle, the infringers could not be treated differently in terms of the different uses of the Internet.

The bill has in view two types of sanctions, the first one for infringement, consisting of a fine up to 300 000 euro and/or three years of prison and the suspension of the Internet connection for one year. The second one is applied to users that fail to secure their Internet connection and has been used for alleged illegal file-sharing, sanctioned with one month of suspension of the Internet connection and/or a 1500 euro fine.

The National Assembly is to debate the bill from 21 July. UMP Deputy Lionel Tardy announced on his blog he would propose a series of amendments to make the text in agreement with the Constitution in order to try to avoid "the humiliation of another censure from the Constitutional Council which will be final if the text remains as is."

On the other hand, for various reasons, the Socialist Party might choose not to notify the Constitutional Council under the explanation that even if adopted, Hadopi 2 will never actually be applied. However, this position will not be popular with Internet users.

Hadopi 2 - version adopted by French Senate (only in French, 8.07.2009)

Hadopi - resumed (only in French, 8.07.2009),7675.html

Hadopi 2: surveillance of the emails in the core of the debate (only in French, 10.07.2009)

The Senate adopts the law Hadopi 2 in just one afternoon (only in French, 8.07.2009)

Hadopi 2: The Socialist Party plays its credibility in front of Internet users (only in French, 13.07.2009)

HADOPI raises from the dead, still as flawed (13.07.2009)

EDRI-gram: The French Government acts like a bulldog with its three strikes law (1.07.2009)



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