Utilisateur:Ptilu/Tmp trad ridiculous goingon
Graduated response : the ridiculous going on
The graduated response against internauts that will probably be discussed in the Senate on October 29th is already dead-born. Both technically and economically inefficient, disparaged by everyone because it violates the fundamental freedoms and it is contrary to European law, the text will end up in the dustbin of the Republic, like its predecessor DADVSI law. La Quadrature du Net (Squaring the Net) is asking the European Commission to confirm the decision of 88% of MEPs arguing that this text is incompatible with Community law and calls the French senators to reject it overwhelmingly.
A ridiculous and outrageous law,
The bill establishing the "graduated response" against the internauts, a kind of discriminatory administrative justice, was placed on the agenda of the Senate for October 29th. While many bills were delayed because of economic crisis, maintaining this cavalierly review seems totally inconsistent ...
"This legislation is ridiculous and outrageous." said Jérémie Zimmermann, co-founder of La Quadrature du Net (Squaring the Net), "it is totally technically and economically inefficient. It does not bring a penny to the authors and, especially in times of crisis, will not alter sales records and files. It must be anbandoned."
... contrary to European law,
On last September 24th, 88% of MEPs voted an amendement 2 recalling the key role of judiciary authority as the guardian of fundamental freedoms of internauts 3. Nicolas Sarkozy recognize 4 himself that this amendment prevented categorically the implementation of the french Bill .
La Quadrature du Net encourages the European Commission, which has already pronounced in favor of the maitain of this fundamental principle of european law 5, to confirm its position. It must order to France, in its opinion due on October 23rd, to postpone the consideration of the law "Création et Internet".
... it must be abandoned.
In other respects, La Quadrature du Net encouraged the senators, on the assumption that the text would be still overhasty planned on the agenda, to reject it massively. "This legislation costly botched and unworkable is unworthy of a modern democracy. Internauts will be particularly vigilant to the position and votes of Socialists senators. Some of them 6, who might have similar interests to those of the entertainment industries, have already announced they would accompany the presidential majority in what looks like a minefield of legislation." says Gérald Sédrati-Dinet, an analyst for La Quadrature du Net.
3. Joining by this, the position of numerous actors ant authorities like :
la CNIL, l'ARCEP, le Conseil d'État, le Contrôleur européen à la protection des données, l'AFA, Free, l'UFC Que Choisir, l'ISOC, Denmark, Sweden, etc.
5. « In the Commission's view, this amendment is an important restatement of key legal principles inherent in the legal order of the European Union, especially of citizens' fundamental rights. The language of the amendment is deliberately drafted in order to leave Member States scope for reaching a fair balance between several fundamental rights, namely the right for the respect of private life, the right for property and effective remedies, and the right of freedom of information and expression. The Commission can therefore accept the amendment proposed by the European Parliament. »