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Trois-strikes further delayed

By | Published on Tuesday 5 January 2010

Every time the French government’s efforts to introduce a three-strikes system for combating illegal file-sharing passes the final hurdle there seems to be one more hurdle waiting.

Technically speaking, the slightly controversial anti-piracy measures should have been formally introduced in France on Friday, and some media have reported that that indeed happened. But according to paidContent there has been another delay because the Commission Nationale de l’Informatique et des Libertés is yet to give the new laws the all clear. It’s thought it could be April before anything now happens, with the distraction of regional elections in France further delaying the proper launch of the anti-piracy initiative.

As previously reported, France’s version of the three-strikes system has been a long time coming, despite President Nicholas Sarkozy being a staunch supporter of it. Opposition in the lower house of the French parliament tried to scupper the proposals, and even when parliament had passed the bill the French Constitutional Council ordered a rewrite because of concerns the system could lead to French citizens having their internet connections cut off without any judicial consideration.

Although now approved by both parliament and the Constitutional Council, the Commission Nationale de l’Informatique et des Libertés, which is the French equivalent of the UK’s Data Protection Agency (or UK Information Commissioner’s Office to give it its proper name), still needs to give the proposals the all clear, and may, as yet, suggest some tweaks so to ensure French net users’ privacy rights are not infringed. The warning letters that will kick off the three-strikes system won’t start to be sent until that all clear is given.

As also previously reported, the successful introduction of three-strikes in France – assuming it can be achieved – will help boost the case for similar systems for combating online piracy in other European countries, not least the UK. With the House Of Lords now considering the UK government’s version of the anti-piracy initiative – which is slightly less severe than the French system, though would also result in persistent file-sharers having their net connections suspended – the British internet service provider lobby, most of whom oppose any system that would require them to disconnect paying customers, continues to brief against the proposals.

While continuing to question whether the new laws would have any actual impact on the levels of illegal file-sharing, the anti-three-strikes lobby turned their attention to the cost of the anti-piracy system over the Christmas break, with a report claiming costs could run to £500 million a year. With the content industries keen for the net firms to share those costs, some ISPs claim that would require a £25 a year levy being added to every one of their customers.

TalkTalk remains the most vocal opponent to three-strikes within the ISP sector. So much so they have launched a competition encouraging people to record a song opposing the proposed new laws. Songs must be submitted to the net firm’s Don’t Disconnect Us website by 22 Jan, with Stephen Fry set to judge the entries. I’m thinking of entering and then suing anyone who file-shares my song, pushing for the court to disconnect the file-sharers, obviously.



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