Translations:Directive Terrorisme/14/en

De La Quadrature du Net
Aller à la navigationAller à la recherche

On the other hand, the French example provides interesting insights on the blattant lack of transparency of the blocking procedure. The law only provides for the block as such. However, the French government has set up a redirection of requests for blocked pages towards a webpage hosted by the Ministry of the Interior, explaining the reasons for the block. As the Exégètes Amateurs state in their appeal to the Council of State against that measure, this "automated redirection of Internet users to a Ministry of the Interior webpage constitutes an infringement on freedom of communication and on secrecy of correspondence that is not provided for in the law, as well as a violation of the dispositions of the law of 6 January 1978 on Computing, files and liberties." Thus, the lack of a judiciary process to guarantee transparency and respect of fundamental liberties has allowed the Government to set up an opaque procedure that infringes on liberties.

  • The lack of transparency is blatant, as
    • neither the author, host or reader of the web page know what the charges are, what content is considered litigious on the blocked website, and none has any means to know the motivations for the block or the advancement of the procedure that led the administration to blocking the website
    • the list of blocked addresses is kept a secret and neither Internet users nor the persons directly concerned by the block are informed
    • the blocking procedure and the motives that may lead to blocking a website are nowhere specified.
  • The Goverment is setting up an illegal processing of personal data, since the data transmitted through the redirection notably comprises the IP address [1]
  • Should an IP address be considered a personal information? This question has never been definitely answered and was asked to the Court of Justice of the European Union in the context of the case C-582/14 Breyer c. Bundesrepublik Deutschland.