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The Internet

Submission + - French 3 strikes law returns with judicial oversig (arstechnica.com)

suraj.sun writes: French "3 strikes" law returns, now with judicial oversight!

The French Senate has once again approved a reworked version of the country's controversial "three strikes" bill designed to appease the Constitutional Council. Instead of a state-appointed agency cutting off those accused of being repeat offenders, judges will have the final say over punishment.

The approval comes exactly one month after the country's Constitutional Council ripped apart the previous version of the Création et Internet law.

Bring in the judges

Not content to let the idea die, President Nicolas Sarkozy's administration reworked the law in hopes of making it amenable to the Council--instead of HADOPI deciding on its own to cut off users on the third strike, it will now report offenders to the courts. A judge can then choose to ban the user from the Internet, fine him or her 300,000 (according to the AFP), or hand over a two-year prison sentence.

Those who are merely providing an Internet connection to dirty pirates can be fined 1,500 and/or receive a month-long temp ban from the online world. (A group of French hackers has already begun to work on software that cracks the passwords on locked WiFi networks so that there's an element of plausible deniability when law enforcement tries to go after home network owners.)

The Senate approved this version of the bill with a vote of 189-142 this week, sending it to the National Assembly for final passage.

ARS Technica : http://arstechnica.com/tech-policy/news/2009/07/its-baack-french-3-strikes-law-gets-another-go-from-senate.ars

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French 3 strikes law returns with judicial oversig

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