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[ NNSquad ] Re: Fw: [Chapter-delegates] ISOC France - asking for your backing

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 the ban.


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.


From: nnsquad-bounces+nnsquad=bobf.frankston.com@nnsquad.org [mailto:nnsquad-bounces+nnsquad=bobf.frankston.com@nnsquad.org] On Behalf Of Olivier MJ Crepin-Leblond
Sent: Wednesday, June 18, 2008 13:34
To: nnsquad@nnsquad.org
Subject: [ NNSquad ] Fw: [Chapter-delegates] ISOC France - asking for your backing




please read the message below from Charles Simon @ ISOC France.


The concerns to NNSQUAD are that in order to qualify traffic types, ISPs will need to perform packet inspection.


Reading 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.

It also opens the door to content filtering by ISPs, thus stifling innovation - the very innovation that made the Net what it is today.

Furthermore, it 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?


Narrow-minded, 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:


"how you can you effectively ban someone from using the Internet?"




----- Original Message -----

Sent: Tuesday, June 17, 2008 2:48 PM

Subject: [Chapter-delegates] ISOC France - asking for your backing


Dear all,

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" Isoc+hadopi:


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):
- http://www.cnetfrance.fr/news/internet/piratage-le-projet-loi-sur-la-riposte-graduee-en-conseil-des-ministres-debut-juin-39381145.htm ;
- http://www.lepoint.fr/actualites-medias/exclusif-comment-le-gouvernement-veut-lutter-contre-le-piratage/1253/0/246344 .

So for those of you within the EU, we might be first but you could well be next.

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.

Kind regards,



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 "alleged pirate"

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 – agarrigues@gmail.com
Press relations: France MIREMONT – france.miremont@isoc.fr

* 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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