Hadopi 2's final vote is postponed till 15 September

By EDRi · July 29, 2009

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Deutsch: [Endabstimmung über Hadopi 2 auf den 15. September verschoben | http://www.unwatched.org/node/1479]

The French deputies had only a few days before the summer vacation to debate
the new text of the three strikes law (called Hadopi 2) that was adopted by
the Senate on 8 July 2009. As the opposition introduced a very large number
of amendments, a vote for the entire text was not possible and the National
Assembly President’s decision was to postpone the vote until September.

The Assembly had 894 amendments to discuss but the text was not basically
modified, but rather adjusted. One of the good decisions was that the
surveillance of electronic communications will not be possible so e-mails
were excluded from the investigation field. The access to the Internet will
be cut off only in case of recurrent alleged illegal file-sharing or in case
the Internet connection was not secured after a first warning from Hadopi

The deputies also approved the penal ordinance procedure meaning that the
alleged illegal downloader can be sanctioned in his (her) absence, according
to a rapid procedure, by a sole judge. The user in case could be given a
fine but can also ask for a classical procedure. The text is different from
the one voted by the Senate which means that a Mixted Paritary Commission
will be needed in order to find a compromise between the two versions.
Anyway, the text still ignores the presumption of innocence which is
contradicting the Constitution, as previousely ruled by the Constitutional

The amendment regarding the two euro “creative contribution” to the
Internet subscription in order to finance the creators was again rejected
but during a meeting with the socialists, the new Minister of Culture
Frédéric Mitterrand, while stating that he supported the Government position
on Hadopi, also admitted that the draft law was not solving the issue of the
financing of culture.

And as the opposition has already promised to appeal again to the
Constitutional Council in case the draft law is voted by the National
Assembly, the text might also have to pass the constitutionality test as

Analyse note of the draft law on criminal protection of the literary and
artistic property on the Internet (only in French, 19.07.2009)

French Anti-Piracy Sanctions Delayed (23.07.2009)

Hadopi 2: the deputies voted all the articles (only in French, 24.07.2009)

Hadopi 2: the deputies’ vote pushed till September (only in French,

Hadopi 2: the deputies discharge cutting off messaging (only in French,

Hadopi 2, last debate day before the Parliamentary vacation (only in French,

EDRIgram: Hadopi 2 adopted very fast by the French Senate (15.07.2009)