Despite European Parliament voting to include amendment that users cannot be disconnected from the Internet "without a prior ruling by the judicial authorities," French President Nicolas Sarkozy, who conveniently holds the European Council Presidency, manages to have the amendment stripped from a final version.
France continues to be in an odd position these days as entertainment industry champion and opponent of requiring that only judges can sanction accused file-sharers rather than copyright holders themselves.
It was just a little over 4 months ago that a European-wide Telecom Package for ISPs was first discussed and noted to include mandatory notice-and-takedown systems run by ISPs and paid for by respective governments.
When the Telecom Package came before the European Parliament the body thankfully voted to include Amendment 138 which mandated 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."
The provision never sat well with French President Nicolas Sarkozy, who happens to hold the European Council Presidency, since it directly contradicts efforts by his administration to have copyright holders partner with ISPs, and without judicial oversight I might add, to implement a "three-strikes" plan to target P2P pirates.
President Sarkozy filed a complaint about Amendment 138 with the European Commission, which was quickly rebuffed, and led to him taking up the matter with the EU’s Telecommunication Ministers.
Meeting late last week, it was ultimately agreed upon to strip Amendment 138 from the legislation despite objections by Denmark, Austria, and an undisclosed third country. The rest were apparently didn’t want to stall the entire Telecom Package over copyright issues.
Guy Bono, a French politician and Member of the European Parliament, is furious with the decision.
From French online publication Ecrans (GOOGLE TRANSLATION):
Guy Bono, "appalled" speaks of "small arrangements between friends" and pressed the nail: "The Council, like Nicolas Sarkozy, gives a poor image of European democracy." He also recalls the contradictions of government, which "had announced that the amendment was only a reminder of existing law." Whatever they say, this amendment clearly posed problems for Nicolas Sarkozy and his friends majors "Bono insists.
The MEP Is not no vanquished "Faced with this denial of democracy, I redeposited with Daniel Cohn-Bendit this amendment at second reading in Parliament." This should be in 2009. Still, not everything is negative: Guy Bono welcomes the long haul and just send the European Commission French government.
It’s a shame that a council of ministers can undo the democratic process of the European Parliament. Especially when it’s done by France, the birthplace of democracy.
jared@zeropaid.com
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