[A2k] Amendment 138/46 adopted again. Internet is a fundamental right in Europe.

[Jérémie ZIMMERMANN]

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1


La Quadrature du Net - For immediate release

Permanent link:
http://www.laquadrature.net/en/amendment-138-46-adopted-again


Amendment 138/46 adopted again. Internet is a fundamental right in Europe.


*** Strasbourg, May 6 2009 - The debates on the Telecoms Package, thanks to
a remarkable citizen mobilization, led to an extremely strong recognition
of the access to internet as a fundamental right with the re-adoption of
amendment 138/46 in second reading by a qualified majority. It is the final
blow against three-strike laws such as Nicolas Sarkozy's HADOPI bill, which
are explicitely banned. The European Parliament nevertheless adopted a soft
compromise on issues of network equity: no strong protection against "net
discrimination" was adopted. ***


La Quadrature warmly thanks the numerous European citizens who have
contributed to the possibility of this new and stronger than ever statement
for fundamental rights. Even on issues connected to network offers, the
worst provisions introduced since the beginning of the legislative process
were not adopted. Thanks to the public debate, the ill-intended
co-operation between ISPs and right holders and discrimination of Net
services and contents will not be forced, even though doors are still open
for introducing it in Members States.

"A formidable campaign from the citizens put the issues of freedoms on the
Internet at the center of the debates of the Telecoms Package. This is a
victory by itself. It started with the declaration of commissioner Viviane
Reding considering access to Internet as a fundamental right [1]. The
massive re-adoption of amendment 138/46 [2] rather than the softer
compromise negotiated by rapporteur Trautmann with the Council is an even
stronger statement. These two elements alone confirm that the French 'three
strikes' scheme, HADOPI, is dead already." explains Jérémie Zimmermann,
co-founder of La Quadrature du Net.

To safeguard these provisions, the European civil society will have to be
strongly mobilized during a conciliation phase that would proceed with a
newly elected Parliament and a new Presidency. Furthermore, some provisions
in the compromise amendments to the Harbour directive adopted today allow
telecoms operators to alter the Internet as we know it. Nothing will forbid
them to turn the Internet away from a neutral zone where people have equal
access to all content applications and services.

As these provisions have been negotiatied with the Council, they are likely
to become law. Citizens will have to be particularly attentive to the
transposition and implementation of the adopted provisions. It would be
disastrous for the Internet to stop being a space where all can create
innovative services and contents without permission from gatekeepers. In
order for consumers to be in a position to endorse equitable network offers
and reject the discriminatory offers, it is essential for at least some of
the offers to be non-discriminatory. We will call the regulatory
authorities and the Commission to ensure it by all policy means.

"The strong statement for the access to the Internet as a fundamental right
demonstrates that the Parliament can be courageous and reject the pressure
to compromise when essential values are at stake. Unfortunately, on issues
that appear more technical such as the absence of discrimination of
services and contents on the Internet, the Parliament did not take the full
measure of what it is at stake yet. Citizens must remain mobilized on these
crucial questions.", concludes Gérald Sédrati-Dinet, analyst for La
Quadrature.



* Références *

1. "The fourth element I would like to underline is the recognition of the
right to Internet access. The new rules recognise explicitly that Internet
access is a fundamental right such as the freedom of expression and the
freedom to access information. The rules therefore provide that any
measures taken regarding access to, or use of, services and applications
must respect the fundamental rights and freedoms of natural persons,
including the right to privacy, freedom of expression and access to
information and education as well as due process?", Commissioner Viviane
Redding: http://www.europarl.europa.eu/sce/data/cre/doc/S0006346.doc.

2. 407 votes for, 57 against. 88% of the European Parliament approved again
the amendment



** 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





- --
- ---  La Quadrature du Net --- http://www.laquadrature.net


-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.6 (GNU/Linux)
Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org

iD8DBQFKApxM1eTOPM/5+wsRAkK7AJ4ktjWcOfuCmZnk9IWy2SuIjo5hCQCfZ/h0
ZfKl7XyrDvKFye08aciip/8=
=iqoJ
-----END PGP SIGNATURE-----