I agree that this is of concern to NNSquad though it
demonstrates that NN is a symptom of a far deeper set of issues that arise what
I’ve called the railroad
model of connectivity.
It’s hard to know where to beginning when there seems to be such
a deep conceptual abyss. It’s far more than the issue of packet filtering. It’s
the misunderstanding that presumes the role of a gatekeeper such as a carrier
or ISP as if the Internet were indeed a railroad.
It’s not just "how you can you effectively ban someone from
using the Internet?" but the concept of the Internet that is implicit in
Do they ever define what the mean by “the Internet” or what it
means to use the Internet”? This is the problem when we use words that seem to
obvious. It’s the same reason I am concerned about the term “broadband” since people
ask for more as if it were the Internet and instead give the carriers more
control. For that matter we confuse “MP3” with “Digital Music”. It would be
interesting to force the legislation to define the terms – but people only get
angry when the discover they don’t understand that what they are talking about.
As phones are increasingly going over IP does this mean that you
can’t use a phone unless you prove you are not on the banned list? You can’t
use IP-based medical gear? You can’t watch a movie if it happens to go over IP?
There seems to be no awareness that a network within a home is just as much “The
Internet” as any other part.
Of course there’s also the issue of treating copying music as a crime
worse than murder but …
As an American I have mixed feelings – if France manages to opt
out of this fundamental technology and return to the days of Minitel we may not
have to worry so much about the strength European economy. The competition will
not be for excellence but who is least stupid.
[mailto:email@example.com] On Behalf Of
Olivier MJ Crepin-Leblond
Sent: Wednesday, June 18, 2008 13:34
Subject: [ NNSquad ] Fw: [Chapter-delegates] ISOC France - asking for
read the message below from Charles Simon @ ISOC France.
concerns to NNSQUAD are that in order to qualify traffic types, ISPs will need
to perform packet inspection.
through the drafts of the law, it looks like a database of "banned
users" will be maintained by the government, and ISPs will need to consult
this database before allowing someone online.
also opens the door to content filtering by ISPs, thus stifling innovation -
the very innovation that made the Net what it is today.
seems to point the finger specifically at peer-to-peer computing. There's even
talk of 3 year jail terms (vive la Bastille!) when a convicted murderer (&
singer) was released after 3.5 years. Poor republic, where are its priorities?
ill-conceived, ill-informed, problem-causing, unenforceable and drivel are
words that came to mind when I read the paper... with just one rethorical
question coming to mind:
you can you effectively ban someone from using the Internet?"
Original Message -----
Sent: Tuesday, June 17,
2008 2:48 PM
ISOC France - asking for your backing
Isoc France is currently battling a French draft law which aims at reduicing
"online piracy" but which is in fact severely violating the most
basic rights any citizen has, especially the right not to be held guilty before
a judgement has been passed. You will find below the translation of a
press release we released about 10 days ago. Attached is a more detailled
explanation of the various issues we have with this draft law.
Our action was well received as you can see by "googling"
Below a selection of news items on our action:
- ZDnet, one of the largest technology news site in France: http://www.zdnet.fr/actualites/internet/0,39020774,39381725,00.htm?xtor=RSS-8
- Clubic, another large technology news site: http://www.clubic.com/actualite-143908-isoc-qualifie-risposte-graduee-liberticide.html
- PCinpact, a more specialised news site: http://www.pcinpact.com/actu/news/44160-isoc-hadopi-albanel-riposte-graduee.htm
If you read French, you will notice that ISOC is often presented as an influential
organisation, gathering more than 20,000 members.
In no way do we condone copyright infrigement but the current draft law is an
absolute disgrace in terms of civil liberties.
The draft law will be discussed on Wednesday this week by the French governement
and we intend to issue a new press release then stressing that ISOC France has
the backing of other entities, especially other ISOC Chapters on this
issue. So if you could discuss it and provide us with even a few backing
words, it would help us in our bid to have this draft law withdraw. We
have also asked for the backing of ISOC World.
For your complete information, Vivian Redding, the EU IT Commissioner, said
that this draft law was a really good idea and that the mecanisms it creates
should be considered in the whole of the EU. See here (Again in French):
So for those of you within the EU, we might be first but you could well be
I hope that you will be able to back us up on this and I look forward to discussing
it with those of you who will attend the different meetings in Paris at the end
of the week and next week.
ISOC France calls for the withdrawal of the HADOPI draft law
Press release - Paris, 6 June 2008
ISOC France's legal commission has analyzed the HADOPI draft law on behalf
of all Internet users. This draft law represents the end of freedom for
Internet users. This is why:
A little blackmail between friends: the failings of the HADOPI law
The HADOPI (High Authority for the distribution of works and the protection
of rights with respect to the Internet) law up for imminent discussion before
the French Parliament puts forth a measure that spells death for our
freedom: the measured response. Isoc France* is up in arms against
this possible denial of justice and requests the withdrawal of the HADOPI law
because it violates the most basic rights of every individual, including those
of Internet users.
A magical concept: the "measured response"
It is a succession of warnings and sanctions to reprimand Internet users
who download works for free, bypassing all of the security measures guaranteed
by a real trial; it results in the upending of the logic behind
punishment by – before any verification – cutting off the Internet access of an
The measured response equals zero protection
Currently, in order to take action against a "pirate" in France,
certain steps must be followed: identification, trial, submission of
proof, etc. With these new provisions, one need only denounce the
Internet user in question to the Haute autorité pour la diffusion des œuvres et
la protection des droits sur Internet (HADOPI) in order to
"circumvent" justice and "authorize" the cutting off of the
user's Internet access for up to one year.
The measured response: "cut first, think later"
Once his/her Internet connection has been cut off (for 1 month, 6 months or
1 year), an Internet user who has found the process to be arbitrary may
"take action against such administrative act before the competent
administrative court." Such action before a judge is aimed at having
administrative decisions cancelled and possibly obtaining a small settlement…
when the administration was a little to quick to pull the trigger. The
icing on the cake is that the average timeframe for such a decision is … 21
months – almost two years!
The measured response is the Middle Ages of the Internet
This law is set up to serve the interest of small group of people (the
Majors, etc.) who, after 10 years, still have not understood the strengths of
the Internet and thinks it needs, first and foremost, to be turned into an
"efficient and modern tool for commercial distribution." Other
uses and potential uses for the Internet are totally ignored. With no other
kind of trial.
Supervisor: Arnaud GARRIGUES – firstname.lastname@example.org
Press relations: France MIREMONT – email@example.com
* Internet Society France www.isoc.fr is
the French Chapter of the Internet Society (isoc.org)
Created in 1996, the purpose of the association is to favor a strong French
presence on the Internet and promote multiculturalism on the network.
Working for an "INTERNET for ALL and by ALL." More information
on the legal commission is available on our website.
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