Quote:
Originally Posted by HarryT
I've already posted the link where I got my information, Ricky, but here it is again:
http://www.theregister.co.uk/2009/04...three_strikes/
This states that there will be no "automatic termination"; the matter will go to a body that's being set up with judicial powers, called the "Haute Autorité", which will have the power to impose fines, injunctions, or temporary suspension of Internet access. May I ask where you got your information that there will be some sort of "automatic" termination of access, because that's not at all in accordance with what I've read.
Happy reading! |
Somehow this was ignored by everyone.
There may be some confusion with how people are using "automatic" in this discussion. So, instead, I will clarify and say that I am fully aware that people will not be
immediately disconnected. However, I am not sure if there is anything to stop this Haute Autorite from disconnecting someone simply because the Haute Autorite receive information that the person's IP address is
suspected of infringing on copyright, and the required warnings are sent to said person. (Or another example, after sending the required warnings, the Haute Autorite could decide to disconnect a single person, but may decide not to disconnect a company.)
Does anyone know how this Haute Autorite would work? HarryT says "judicial powers", which as a US citizen means to me that there would be due process, and a chance for the accused to prove they are innocent. However, I can see nothing in the article which states that this body would have to follow due process, or would indeed be given "judicial" powers. I know nothing of French government, so this Haute Autorite could have some precedent of which I am unaware.
Edit: If by judicial powers, you simply mean they are given the power to decide if someone is guilty or innocent on their own, without requiring due process, then I would think the problem(s) with that possibility would be obvious.