[A2k] Net Freedoms in Europe: Recapitulating the capitulation

[Claude Almansi]

Hi Ludovic

I am a bit baffled at your message, because in your blog I found
<http://penet.org/blog/index.php?post/2008/09/24/Guy-Bono-donne-une-nouvell=
e-baffe-a-la-riposte-graduee>,
you seemed to welcome Guy Bono's proposal of amendment 138.

Did I miss something?

Best

Claude

On Sun, Nov 1, 2009 at 8:17 PM, Ludovic P=C3=A9net <ludovic@penet.org> wrot=
e:
> On sam., 2009-10-31 at 15:35 +0100, J=C3=A9r=C3=A9mie ZIMMERMANN - La Qua=
drature
> du Net wrote:
>> -----BEGIN PGP SIGNED MESSAGE-----
>> Hash: SHA1
>>
>> http://www.laquadrature.net/en/net-freedoms-in-europe-recapitulating-the=
-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
>
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