French Court Kills 'Three Strikes' Law
France's Constitutional Court on Wednesday struck down a key portion of a recently enacted law that gave the government the ability to disconnect Internet users who illegally download music and movies. Under the so-called "three strikes" regime, which President Nicolas Sarkozy endorsed and lawmakers approved in May, users who download content without paying for it would get an e-mail from the government followed by a letter and a third warning before their Web connectivity is cut off for as long as one year. Concerns about a similar proposal permeated talks between the United States and a handful of trading partners as they work toward completion of an Anti-Counterfeiting Trade Agreement.
The high court also found that access to the Internet in is among citizens' fundamental freedoms that cannot be curtailed or interrupted without intervention from a judge. The ruling came as a number of foreign entertainment industry executives gathered in Washington for the World Copyright Summit. French Minister of Culture and Communication Christine Albanel was scheduled to speak Tuesday but she canceled due to the likelihood that the court would rule this week. International Confederation of Societies of Authors and Composers Secretary General Eric Baptiste broke the news to attendees, saying his group was disappointed with the decision.
Sarkozy's supporters are not wasting time formulating a new plan. International Federation of the Phonographic Industry Executive Vice President Shira Perlmutter told the conference that policymakers are already crafting a modified bill that will maintain the same graduated response approach but transfer some powers to a special court. The French movement was an important step forward in recognizing that music stakeholders need to work with Internet service providers, Perlmutter said during a session about the role of ISPs, which lacked a broadband provider representative. "It put in place a system that would be more effective and less draconian than having to sue a lot of individuals," she said.
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