Parliament Gives OK to Disconnect File-Sharers!!!!
An Excerpt From: zeropaid
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Drops “Amendment 138″ from Telcoms Package that would’ve prevented
member countries from disconnecting file-sharers from the Internet,
replacing it with much weaker provision that opens the door to
“three-strikes.”
In a huge blow to the freedoms of European Union citizens and as an
apparent gift to the lobbying efforts of multinational entertainment
corporations, the EU Parliament decided to drop a crucial amendment
(#138) from its much anticipated Telcoms Package that would’ve
prevented member countries from disconnecting file-sharers from the
Internet.
Amendment 138 read:
Applying the principle that no restriction may be
imposed on the fundamental rights and freedoms of end-users, without a
prior ruling by the judicial authorities, notably in accordance with
Article 11 of the Charter of Fundamental Rights of the European Union
on freedom of expression and information, save when public security is
threatened in which case the ruling may be subsequent.
The new amendment allows for disconnection so long as a judge’s order is obtained beforehand, much as was just the case in France recently,
whereby that country’s top court ruled that anything less than a
judge’s order to strip a person of such a vital communications tool is unconstitutional.
It states in part:
Measures taken by Member States regarding end-users’
access to or use of services and applications through electronic
communications networks shall respect the fundamental rights and
freedoms of natural persons…
Any such measures liable to restrict those fundamental rights or
freedoms may only be taken in exceptional circumstances and imposed if
they are necessary, appropriate and proportionate within a democratic
society…
…any measures may only be adopted as a result of a prior, fair and
impartial procedure ensuring inter alia that the principle of
presumption of innocence and the right to be heard of the person or
persons concerned be fully respected.
So now at least the right to judicial review is respected, but it
still allows for people to be stripped of their ability to fully
participate in a democracy over little more than unlawfully obtaining
copyrighted material.
For what other crime do we strip people of their ability to communicate with others?
“Ministers of Member States, who want to be able to regulate the Net
without interference from the judiciary, were rushing to kill amendment
138 and put an end to the negotiations,” explains Jérémie Zimmermann,
spokesperson for La Quadrature du Net, a French advocacy group that
promotes the rights and freedoms of citizens on the Internet. ” It is a
shame that the Parliament’s delegation, and especially rapporteur
Catherine Trautmann, was not determined enough to use the political
context to assert its authority in the European lawmaking process in
order to protect European citizens. Even though it has been an
interesting and constructive discussion, amendment 138 has turned, by
the lack of courage of the delegation, into the emblem of the
powerlessness of the Parliament.”
It’s a puzzling turn of events considering the mixed messages many officials seem to be sending.
Just this past May EU commissioner Viviane Reding referred to Internet access as a “fundamental right.”
This past June UK prime minister Gordon Brown said that the “Internet is as vital as water and gas.”
“Whether it is to work online, study, learn new skills, pay bills or
simply stay in touch with friends and family, a fast internet
connection is now seen by most of the public as an essential service,
as indispensable as electricity, gas and water,” he said.
The UK’s Digital Britain MP Stephen Timms then said recently
that “broadband is no longer considered a luxury – it has become an
essential service delivering social, commercial and economic benefits.”
Good thing we can’t disconnect people’s electricity, gas, or water for copyright infringement.
Stay tuned.
jared@zeropaid.com
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