French to criminalise illegal file sharing

The French National Assembly has voted to adopt a so-called 'three strikes' law that will effectively criminalise illegal file sharing.

The latest version of what is called the Hadopi bill contains some concerning sanctions. As well as facing the suspension of their internet services, under Hadopi 2 people who are caught illegally downloading copyright material could face fines and even jail.

These penalties could even be levied against people whose PC is infected with malware and remotely controlled by a hacker. They could face fines of up to 1,500 euros or the loss of their internet connection for a month.

An individual’s rights may also be compromised by the process set out under this punitive bill. A new agency, the High Authority for the Distribution of Works and the Protection of Rights on the Internet (Hadopi) will be set up.

It will handle alleged infringements of copyright material. The only evidence needed will be people’s IP addresses. Initially the organisaiton will send out warnings; by email and then registered mail to the person accused.

While a judge will be required to impose any sanctions such as suspension of internet access, the procedure under Hadopi 2 does not require a trial - so the accused is unable to defend themselves in court.

Jérémie Zimmermann, co-founder of civil liberties group, La Quadrature du Net said: "Hadopi 2 is still as dangerous as the first one, infringing on freedom of expression and communication.”

He also warned that the UK Government, which last month said it wanted to impose sanctions that would disconnect the internet services of those who illegally download copyright material, were keeping a close eye on French developments.

The initial Hadopi bill struggled to make it into French law. In June the Constitutional Council said internet access was a human right and invalidated it.

Agreement has now been reached between the French Senate and National Assembly after the Hadopi 1 text was reworded. Now all President Nicolas Sarkozy - who backed the bill - has to do is sign it for the bill to become law.

However La Quadrature du Net said the possibility of another appeal being lodged with the Constitutional Council cannot yet be ruled out.

Mr Zimmermann said: “Let's hope that the Constitutional Council will once again protect French citizens' fundamental rights."