Three strikes law version 2 – one step closer to adoption in France

By EDRi · September 23, 2009

This article is also available in:
Deutsch: [Die Annahme der zweiten Version des Drei Treffer-Gesetzes rückt in Frankreich einen Schritt näher |]

On 15 September 2009, the French deputies adopted the amended version of the
three strikes law (also known as Hadopi 2) by only 55% votes. A day after,
the mixed paritary commission made of seven senators and seven deputies
validated in its turn the version voted by the deputies.

Minister of Culture Frédéric Mitterrand announced after the adoption of the
text that both Hadopi 1 and Hadopi 2 will be applied starting with the end
of this year when he would also make his propositions for a third text,
Hadopi 3.

Socialist deputy Patrick Bloche has reaffirmed the opposition’s intention to
appeal to the Constitutional Council to stop the text as it happened in June
with the first version of the law, Hadopi 1. “We vigorously contest the
creation of a sanction for negligence which flagrantly violates the
principle according to which someone can be judged only for his (her) acts”
said the deputy.

“The HADOPI is a disturbing step towards the control of information
circulating on the Internet by economic and political actors. All seem to
agree now to stifle this great space of expression and freedom that we, as
citizens, must protect,” stated Jeremie Zimmermann, spokesperson for La
Quadrature du Net. In La Quadrature du Net’s opinion, “this legal text
severely put into question the Republican values which are the presumption
of innocence and the right to an equitable procedure.” “HADOPI is a worrying
stage towards the control of information on the Net by economic and
political actors.” commented Jérémie Zimmermann.

Already the law is considered by many as obsolete having in view the
permanent technological progress which allows for several methods to go
round the restrictions of the law. Right after the adoption of the text,
searches of “going around Hadopi” would result in almost 60 000 responses on
the Internet.

The Senate gave its final vote on the draft law on 21 September and it is no
suprise that the lower Chamber of the French Parliament also gave its
positive final vote the next day. The only step that could now stop the law
remains the appeal to the Constitutional Council.

Hadopi 2 law adopted in the Assembly by 55 % of deputies (only in French,

La Quadrature du Net is waiting for the Constitutional Council’s advice
(only in French, 15.09.2009)

Hadopi law validated, but already obsolete (only in French, 16.09.2009)

France passes three-strikes bill (15.09.2009)

EDRI-gram: Hadopi 2’s final vote is postponed till 15 September (29.07.2009)