Internet access is a fundamental human right, rules French court

[Vulpix]

Internet access is a fundamental human right, rules French court


France's highest court has ruled that access to the internet is a 'fundamental human right'.
The landmark decision came as country's Constitutional Council struck down what was set to be one of the world's toughest laws against web piracy.
The controversial rule passed by parliament last month would have given a new 'web police force' the power to cut off the Internet connections of illegal downloaders.

Under the 'three strikes' law, pirates stealing copyrighted music and films from the net would have been given three emailed warnings before having their access cancelled.
Although the Constitutional Council agreed that theft of copyright material was a crime, it rendered the law unenforceable by saying that only a court had the authority to switch off a person's web connection.
France's most senior lawmakers described the Internet as having become 'an essential tool for the liberty of communication and expression'.

They quoted the founding principles of the Republic set down after the French Revolution, stating: 'Under section nine of the Declaration of 1789, every man is presumed innocent until they have been proven guilty.'
The Council added: 'The internet is a fundamental human right that can not be taken away by anything other than a court of law, only guilt has been established there.'
Laurent Bedoue, head of the French magistrates union, said: 'They approved 90 per cent of the text of the law, but eroded 90 per cent of its spirit.

'But ruling that every illegal downloading case must go to court, it has wiped the law off the statute books.
'With an estimated 180,000 cases a year, there is no way each one could be taken to court anyway without the most vast expense.
'The government should have seen this coming.'
The ruling is a severe blow to President Nicolas Sarkozy and his culture minister Christine Albanel, who lobbied hard to get the legislation passed.

First Lady Carla Bruni, who has recorded three pop albums which can be downloaded from the net, was also said to have been a major backer of the law.
And music and film industries had welcomed the move to halt the theft of copyright entertainment, which they said was costing them millions of pounds a year.
But opponents branded the law 'unfair, unworkable and out-of-date'.

French newspaper Le Monde said the law created an internet Big Brother who would hit innocent people whose web connections were being used by others, such as children, employees or people illegally hooking into their wi-fi.
And while many 'geeks' who download large files could also easily hide their Internet IP address to avoid detection, less knowledgeable people would get caught, the paper said.

Film star Catherine Deneuve also became a major public opponent of the law, saying: 'This law will punish the average amateur user, while the 'nerds' will find ways around it.'
The so-called Loi Hadopi had been rejected the first time it came before MPs in April, and only passed after Sarkozy ordered his party members to vote it through in May.
Culture minister Mis Albanel said she would now attempt to revise the law, which was due to have come into force in the autum, and have it passed in another form later this month.
She said: 'We will have this law passed, despite the decision of the Constitutional council, and set up courts around the country to enforce it.'

[Atlas]

Thanks to the constitutional council. I didn't dare downloading movies or music since I heard of that law. Censure, censure, we only hear this in Sarkozy-Land.

[The Lawspeaker]

She said: 'We will have this law passed, despite the decision of the Constitutional council, and set up courts around the country to enforce it.'

The respect of the elite for the Courts, democracy and fundamental human rights: zero..
And I personally agree with the ruling of the Court since the Internet provides people with not just porn and spam but also serves to spread knowledge, culture and alternative media.

[anonymaus]

A “right” is a moral principle defining and sanctioning a man’s freedom of action in a social context.

And nothing more need be said.

[Æmeric]

It's hard to see how something that is an artificial creation that is younger then myself could be a fundamental human right.

[Atlas]

That law was awful. Literaly banning to life someone who would download some stuffs. French internets user must be silenced.

[SwordoftheVistula]

It's hard to see how something that is an artificial creation that is younger then myself could be a fundamental human right.

They aren't saying it is a 'right' in the sense that some idiots try to claim 'food and shelter' or 'health care' as a right, in that the government is obliged to provide internet to people, but that internet access can't be taken away without due process of law.

http://technology.timesonline.co.uk/...cle6478542.ece

Old-school leftists like Juliette Greco, the grande dame of Left Bank song in the 1950s, strongly supported the crackdown and reproached the Socialists for betraying artists with their opposition to the law.

Patrick Bruel, a middle-aged popular singer with leftwing views, railed against the council decision this morning. Downloading a song free is like walking out of the bakers' with a baguette and refusing to pay for it, he said.

And cutting off internet to people who download songs would be like cutting off the hand of someone who walks out with a piece of bread without paying for it.

[Cato]

I'm shocked; as the inventor of the internets, Al Gore won't be getting a royalty when someone illegally downloads a movie or song.