[A2k] Distorted amendment 138 tries to present graduated response as legal

Thu Apr 2 09:36:47 2009

*** Paris, April 2nd 2009 - The Council of EU is trying to reintroduce a
distorted version of amendment 138 to "Telecoms Package" [1]. It could
be interpreted by the archaic industries promoting "graduated response"
as authorizing any administrative authority to order restrictions on
fundamental rights and freedom. Such a legalization of parallel
administrative justice, comparable to the French "graduated response" is
unacceptable. The European Parliament must strongly reject this huge
threat to EU citizen's freedom. ***

In the "trialogue" negotiations [2] surrounding the second reading of
the Telecoms Package, the Coreper [3] has proposed a version of
amendment 138 that says the opposite of what it initially says, probably
under the influence of France whose "HADOPI"/"graduated response"
project is being currently considered in parliament.

Initially, amendment 138 was re-stating fundamental principles of the
European law: Only the judicial authority can order restrictions on
fundamental rights and freedoms. In this new version, put as a recital
instead of an article, it is said: "no restriction may be imposed on the
fundamental rights of end-users, without a prior decision taken by
legally competent authorities". This vague and dangerous wording would
allow parallel arbitrary justice, exactly what the entertainment
industries are asking for policing the network by themselves.

"The Council is trying to promote the idea that the French 'graduated
response' could be legal, thus opening the door to parallel
administrative justice with no respect for the due process of law in
Europe. Administrative restrictions on fundamental rights are not
tolerable in European Democracies. A few weeks before the elections, the
European Parliament must show its commitment to defending EU citizens'
freedom by rejecting this amendment. Members of the European Parliament
must bring amendment 138 back into the Telecoms Package." concludes
Jérémie Zimmermann, co-founder and spokesperson of La Quadrature du Net.

* Références *

1.
http://www.laquadrature.net/wiki/Telecoms_Package_Framework_Article_8_4_ga_=
Parliament_First_Reading.

2. Before second reading, discussions between European Commission, the
Presidency of the Council of EU and rapporteurs of European Parliament
take place in order to reach a consensus between co-legislators to ease
the legislative processus.

3. The diplomatic body that prepares the decisions of the Council of EU.

** About la Quadrature du Net **

La Quadrature du Net (Squaring the Net) is citizen group informing about
legislative projects menacing civil liberties as well as economic and
social development in the digital age.

La Quadrature du Net informs citizens, public authorities,
organizations, corporations.

It works with everyone to elaborate balanced alternative solutions.

La Quadrature du Net is supported by French, european and international
NGOs including the Electronic Frontier Foundation, the Open Society
Institute and Privacy International.

List of supporting organisations :
http://www.laquadrature.net/en/they-support-squaring-net-la-quadrature-du-n=
et

** Press contact and press room **

Jérémie Zimmermann, jz@laquadrature.net, +33 (0)615 940 675

http://www.laquadrature.net/en/press-room

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