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Three strikes law in France - Second attempt

6 May, 2009

This article is also available in:
Deutsch: 3 Treffer-Gesetz in Frankreich – der zweite Versuch

Macedonian: Втор обид за воведување на законот Хад...

The Hadopi (or three strikes) law saga continues with the second reading of the draft law in the French National Assembly having started on 29 April 2009.

After the unexpected rejection of the text in the lower chamber on 9 April 2009, the majority came this time decided to pass the law no matter what. The pressure was mainly due to the present discussion in the European Parliament for the adoption of the Telecom Package which would put the French law in a critical position. The French Government has tried its best to push the three strikes law to be voted by the National Assembly as fast as possible.

"We will be careful so that you don't go to sleep as we are going to vote this very evening" said deputy Jean-François Copé on 29 April. The entire fight around the draft law seems to have turned into a political debate. This time, present in a large number, the majority members succeeded in rejecting the opposition's proposal to send back the text to the mixed joint commission (commission mixte paritaire).

Frank Riester, rapporteur of the text, asked for the rejection of "any amendment that puts into question the compromise of the mixed joint commission" that is the toughest form of the text, thus shown the intention of the majority to pass the draft law as it was before its rejection on 9 April.

Fears appear to have existed that the government might make use of the unique (or so called blocked) vote which would have given thepossibility of voting the entire text as a single item instead of voting every single amendment. However, this did not happen and the large number of amendments, especially introduced by the opposition, made it impossible for the Assembly to finalise the discussions and vote by the evening of 5 May. That morning, there were still 160 amendments to examine out of the total of 214. The vote was therefore postponed till 12 Ma, a decision which is definitely disappointing for Nicolas Sarkozy who wanted to get the vote on the law before a final decision of the EP on the Telecom Package.

According to Jérémie Zimmermann, spokesman for La Quadrature du Net, "The HADOPI law will be undoubtedly voted by a blocked majority, on order. But it will remain a political failure for the government and a democratic as well as technological aberration. HADOPI is a warning signal inviting everybody to rise against the harmful consequences of a regulation sacrificing the citizens and the Internet to the out-of-date interests of some".

In the mean time, the opposition movements continue. Sci-fi writer Roland Wagnerhas has organised a "Sci-fi against HADOPI" group while an anti-Hadopi march was organised on 1 May 2009 by several organisations at the initiative of Libre Accès and the French Data Network in Paris. Also, an important initiative has been taken by consumers groups including La Quadrature du Net and UFC Que Choisir who have launched the project Création Public Internet (Internet Public Creation), a project meant to find new business models and solutions for important issues related to cultural creation and artists' income.

After the vote in the National Assembly, the Hadopi text will go back to the Senate for a new reading and in the unlikely case the text of the Senate differs from the one voted by the Assembly, the last word will belong to the deputies.

Hadopi: towards a unique vote? (only in French, 4.05.2009),7054.html

HADOPI: in the wall, honking (only in French, 30.04.2009)

Hadopi (S2E02): politics first, Hadopi after (only in French, 30.04.2009)

Hadopi (S2E01): the majority shows its muscles to the opposition (only in French, 29.04.2009)

France reintroduces three-strikes law, clash with EU likely (29.04.2009)

FDN and Libres Accès Appeal to manifest against Hadopi (only in French, 28.04.2009)

Hadopi: the vote of the draft law reported till Tuesday 12 May (only in French, 5.05.2009)

Hadopi: the vote reported by a week (only in French, 5.05.2009)

EDRIgram: Three strikes law rejected by the French deputies (22.04.2009)



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