Increasingly restrictive European internet legilsation?

[Michel Bauwens]

Via Monica Horten:

Report 1: A copyright enforcement package for Europe , http://www.iptegrity.com/index.php?option=com_content&task=view&id=205&Itemid=9

"I have written another briefing paper on the Telecoms package. Called Packaging up copyright enforcement - how the Telecoms Package slots in the framework for a European policy to restrict Internet content, the paper discusses the mechanisms that could be used to bring in a policy of copyright enforcement and how the Telecoms Package lays the foundation for it. The paper argues that it is a clear intent of the legislation that national regulators will be asked to promote a policy where ISPs have to work with rights-holders to enforce copyright, and limit users rights of access to content, services and applications. The pressure on ISPs comes via the liability that it will place on them to protect copyrighted content. The exact ways that it could be implemented will depend on the final text (which is not yet determined) and on the interpretations given to it by member states and the lawyers for the rights-holder and Internet industries. And in an environment where Internet Service Providers and network operators may face increasing liability for content, the paper argues that regulatory safeguards are needed to ensure the protection of user's rights on the Internet. "



Report 2: France's Creation and Internet law: contracting for surveillance, http://www.iptegrity.com/index.php?option=com_content&task=view&id=199&Itemid=63

"I have written a briefing paper on the French Creation and Internet law (Project de Loi favorisant la diffusion et la protection de la creation sur l’Internet).

Called The French law on Creation and Internet – contracting for surveillance it asks the question whether the new law will usher in a new era of electronic surveillance. This is the law which will support graduated response / 3 strikes measures. The paper summarises the key elements of th law. Peer-to-peer downloads and user-generated content sites will be monitored for potential breaches of copyright - this is self-evident, it is the only way that the rights-holders can collect the evidence. Web surfing records will have to be trawled to link the user to the alleged infringing content - again, this is the only way it can be done. And people at home will have to have a form of self-imposed surveillance, in order to stay within the law, although it is not yet totally clear how this is envisaged to operate. But it will all be in their contract with their Internet Service Provider - and although not well understood, the contract is the mechanism for implementing the law."