France: Update on website blocking without a judicial decision

By EDRi · August 1, 2012

This article is also available in:
Deutsch: [Frankreich: Update zur Sperre von Webseiten ohne Gerichtsbeschluss | https://www.unwatched.org/EDRigram_10.15_Frankreich_Update_zur_Sperre_von_Webseiten_ohne_Gerichtsbeschluss?pk_campaign=twun&pk_kwd=20120801]

Fleur Pellerin, the French State Secretary for Digital Economy announced
on 24 July 2012 the intention of the French Government to give up the
Decree on the application of a very controversial Article of LOPPSI 2
law which allowed online filtering of websites with child pornographic
content without a court decision.

Article 4 was stipulating that when “the necessities of the fight
against broadcasting of images representing minors as per article 227-23
of the Criminal Code justify it, the administrative authority notifies
(the ISPs) the electronic addresses of public electronic online
communication services which contravene the provisions of this article
that these must block or delay access to them.”

One of the main concerns regarding this article is that the blocking
could be done without the intervention of a court order.

The draft decree for the entering into force of Article 4 from LOPPSI 2
(6 months after its publication) was to be published on 15 March 2012,
after a consultation with CNN (Conseil National Numerique – National
Digital Council) which never happened.

However, the text of article 4 is still in the text of the law, so in
order to solve the problem, it is necessary to change the law itself.

Loppsi: the decree on site blocking without judge is abandoned (only in
French, 25.07.2012)
http://www.numerama.com/magazine/23260-loppsi-le-decret-sur-le-blocage-des-sites-sans-juge-est-abandonne.html

Loppsi: the government abandons blocking without judge (only in
French, 25.07.2012)
http://www.pcinpact.com/news/72658-loppsi-gouvernement-abandonne-blocage-sites-sans-juge.htm

EDRi-gram 9.4: France: Loppsi 2 adopted – Internet filtering without court
order (23.02.2011)
http://www.edri.org/edrigram/number9.4/web-blocking-adopted-france-loppsi-2