Posted: 11th Jun, 2009 By: MarkJ
The French proposed "
Three-Strikes" initiative (HADOPI), which would have seen illegal broadband file-sharers being disconnected from their ISP for repeat activity following a warning, has been dealt a serious blow by the highest jurisdiction in France - The Constitutionnal Council.
The court ruled that presumption of innocence is more important than acting on a suspicion without knowing whether or not the data held on a person is actually proven (reliable). In short, all sanctioning power (i.e. disconnecting Internet users) has been removed from the HADOPI.
La Quadrature du Net's Jérémie Zimmermann said: "
This is a great victory for citizens who proved they can altogether act to protect their Freedom. HADOPI's 'three strikes' is finally buried. All we have now is a big tax-sponsored spam machine for the entertainment industries. But this is not the end of Sarkozy's will to control the Internet. The next law, LOPPSI, is already on tracks and will be about filtering the content on the Internet. Citizens must celebrate this great victory but remain watchful..."
The ruling in a French court does not directly affect the UK, which already appears to have ruled out "
disconnection" as a punishment, though it will make it more difficult to push for such a measure in the future.