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France: Loppsi 2 adopted – Internet filtering without court order

By EDRi · February 23, 2011

This article is also available in:
Deutsch: [Frankreich: Loppsi 2 angenommen – Internet-Filter ohne richterliche Anordnung | http://www.unwatched.org/EDRigram_9.4_Frankreich_Loppsi_2_angenommen]

The French so-called Loppsi 2 draft law was adopted on 8 February 2011 by
the National Assembly as well as by the Senate without modifications, thus
allowing for the blocking of Internet access of a site deemed as having
“obvious” child pornographic content, without a court order. The text is
challenged by the Constitutional Court that will to decide whether the
new provisions are constitutional or not.

The draft law also allows for the installation of spyware by the police and
reinforces video-surveillance by the use of electronic bracelets.
Following its adoption, the opposition has filed an appeal against the law
to the Constitutional Council, showing concerns that the draft law gives
authorities “obvious inappropriate means” without “providing enough
guarantees against the eventual damages to the freedom of expression”.

La Quadrature du Net has recently sent a memo to the Council asking for the
rejection of the Internet filtering as being against the Constitution,
inefficient and disproportionate. The group believes the law is a Trojan
horse which, under false pretences, will legitimise Internet censorship.
There will be no control over the way the filtering techniques will be set
up and, as the blacklist of websites to be filtered will be kept secret, it
will also be impossible to file complaints against filtering actions.

CFE-CGC professional unions as well as Unsa-Télécoms union from France
Télécom-Orange believe this is “a festival of incompetence, where, in the
name of overall security, this mixing-all text undermines fundamental
principles, especially in relation to the Internet, with the announced
blocking of the sites in the name of the fight against child pornography”.

The opposition refers Loppsi 2 to the Constitutional Council (only in
French, 15.02.2011)
http://www.01net.com/www.01net.com/editorial/528388/lopposition-saisit-le-conseil-constitutionnel-sur-la-loppsi-2/

French LOPPSI Bill Adopted: The Internet under Control? (9.02.2011)
http://www.laquadrature.net/en/french-loppsi-bill-adopted-the-internet-under-control

The administrative filtering of the net is contrary to the French
Constitution (only in French, 02.2011)
http://www.laquadrature.net/files/20110214_La%20Quadrature%20du%20Net_Amicus%20curiae%20LOPPSI2.pdf

EDRi-gram: French law Loppsi 2 adopted by the General Assembly (12.01.2011)
http://www.edri.org/edrigram/number9.1/loppsi-2-adopted-assembly