French Digital Rights Advocates Decry Telecom Package’s ‘Gradual Response’

Says that the current telecoms package would violate basic civil rights in Europe.

A little over a week ago, we reported on the French Prime Minister overruling democracy and vetoing provisions in the telecoms package that would stop any form of a “three strike provision” in the European Parliament. Recently, French digital rights advocates from “Squaring the Net” decried the move to modify the telecoms package saying that some of the provisions would force member states in Europe to violate basic civil rights.

The paper (PDF) explains in detail what the advocates are looking for.

One of the first major demands is to strip out any provisions that would allow any form of a graduated response in response to the demands of, ultimately, major US corporations. This is in reference to article 33 (2) which, according to the paper, allows state members to force internet service providers to work with the entertainment industry. This would explain why the legislation paves the way towards a three strike provision because countries like France could be mandated by European law to force French ISPs to adopt the three strikes provision (the same would easily go for any other country given enough lobbying pressure that could be applied by the major entertainment industry (something that was one of the focuses of the most recent lobbying paper from the MPAA to Barack Obama which stressed a world-wide response to their demands)

Another argument was to remove any last remaining reference to the promotion of lawful content because it is rendered meaningless. The problem stems from who gets to define what is lawful content and what isn’t lawful content (who gets to be promoted essentially)

An additional argument was also brought forth which says that discussing what kinds of content is allowable online is not appropriate for the telecoms package given that it’s “not about content, but containers” (MEPsMEPs Commission, French Presidency) The paper concludes with these points with the following:

Therefore we ask you to withdraw article 33(2a), recitals 12c and 14a, and the two last sentences of recital 25 of directive 2002/22 (Universal Service) that do not fit in the Telecoms Package. Their wording, purposely vague, opens the door to the “graduated response” and harms free competition as well as cultural diversity.

Additionally, it was demanded that amendment 138 should be replaced. This amendment said, “no restriction may be imposed on the fundamental rights and freedoms of endusers, 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 where the ruling may be subsequent.”

The amendment stems from an earlier amendment made by a Swedish MEP earlier this year which was designed to block the initial French push for Europe to adopt the so-called “three strikes” provision in the first place and promote civil rights on the internet in Europe.

The reason it was removed was because the “telecoms package doesn’t deal with content but with containers”. Squaring the Net responded saying that this argument is inconsistent with article 33 (a)

The European Parliament website says that the next reading is scheduled for April 5th, 2009.