Story of Anti-3-Strikes Amendments

Timeline

• 07/11/2008: European Commission amends proposal on telecoms package with amendment 138 (Bono-Cohn Bendit-Roithová) accepted in part or subject to rewording and amendment 166 (GUE/NGL) not accepted.
• 30/10/2008: French Senate adopts unanimously 3-strikes Law.
• 10/2008: Spokesperson for European Commission DG Information Society announce that the Commission rejects Sarkozy's request to reject amendement 138 (Bono-Cohn Bendit-Roithová) on the telecoms package.
• 10/2008: French president, Nicolas Sarkozy writes to the president of European Commission, Barroso, to reject amendement 138 (Bono-Cohn Bendit-Roithová) on the telecoms package.
• 24/09/2008: Amendment 138 (Bono-Cohn Bendit-Roithová) with oral amendement and amendment 166 (GUE/NGL) are adopted during plenary vote on telecoms package.
• 24/09/2008: Rapporteur Catherine Trautmann tables an oral amendment to amendment 138 (Bono-Cohn Bendit-Roithová) on telecoms package.
• 09/2008: Amendment 138 (Bono-Cohn Bendit-Roithová) and amendments 133 & 166 (GUE/NGL) are tabled for plenary vote on telecoms package.
• 06/2008: Amendments Bono are rejected on Cultural Committee opinion report on telecoms package.
• 10/04/2008: Amendment "Bono-Rocard-Fjellner" is adopted during plenary vote on the resolution on cultural industries in Europe.

Text of Amendments

Amendment 138 (Bono-Cohn Bendit-Roithová) with oral amendment as adopted

"(ga) applying the principle that no restriction may be imposed on
the fundamental rights and freedoms of end-users, notably in
accordance with Article 11 of the Charter of Fundamental Rights of
the European Union on freedom of expression and information, without
a prior ruling by the judicial authorities, save when public security
is threatened where the ruling may be subsequent."

Amendment 166 (GUE/NGL) with oral amendment as adopted

Article 32a ACCESS TO CONTENT, SERVICES AND APPLICATIONS

Member States shall ensure that any restrictions to users' rights to
access content, services and applications, if they are necessary,
shall be implemented by appropriate measures, in accordance with the
principles of proportionality, effectiveness and dissuasiveness.
These measures shall not have the effect of hindering the development
of the information society, in compliance with the Directive
2000/31/EC, and shall not conflict with citizens' fundamental rights,
including the right to privacy and the right to due process.

Amendment 138 (Bono-Cohn Bendit-Roithová) with oral amendment as tabled

"(ga) applying the principle that no restriction may be imposed on
the rights and freedoms of end-users, notably in accordance with
Article 11 of the Charter of Fundamental Rights of the European Union
on freedom of expression and information, without a prior ruling by
the judicial authorities, except where dictated by force majeure or
by the requirements of preserving network integrity and security, and
subject to national provisions of criminal law imposed for reasons of
public policy, public security or public morality."

Amendment 133 (GUE/NGL) with oral amendment as tabled

Article 25a

Internet filtering

Member States shall ensure that no technology may be mandated by
competent authorities which would facilitate surveillance of internet
users, such as technologies that mirror or monitor the user´s actions
and/or interfere with operations of the user's network activity for
the benefit of a third party (known as "filtering").".