[A2k] Net Freedoms in Europe: Recapitulating the capitulation

[Ludovic Pénet]

On sam., 2009-10-31 at 15:35 +0100, Jérémie ZIMMERMANN - La Quadrature
du Net wrote:
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capitulation
Well, it is most interesting to read that not introducing dispositions
that have nothing to do with the "Telecoms package" is a "capitulation".

As indicated in the above link, this started with an attempt to
introduce three strikes amendement in this european bill. So, can you
explain us what less do we have after this battle ?

On a legal point of view, I can not see the loss. I was even explained
by people from "quadradure du net" that the European Legislation was
already saying 138, but in a less direct way. And better leave along the
questions on the wording of 138...

I can not see the loss on a political point of view too. Excepted,
maybe, if you live in a wonderful world where the European Parliament
really co-decides. In this case : wake up, this is not the reality. We
were several French subscribers to this list to call to vote against the
proposed European constitution in 2005. One key point of our call was
that co-decision was (and is still) flawed. The European Parliament does
not decide, neither co-decides. It can only "nuke" a directive. That was
obviously not the way to go with the "Telecoms Package".

It is up to us to interprete the result of this process as success or
failure. And your interpretation is, on a political basis, no less than
a blank check for national governments to implement three strikes-like
legislations.

Regards,

Ludovic