amungusPremium
join:2004-11-26
America Reviews:
 ·AT&T DSL Service
| um How does legality get determined?
How does traffic then get labeled as illegal?
Who watches the watchers?
What if you were downloading perfectly legal material and got "notified" then "cut off?" What recourse does one have? What if somebody used your connection, whether it was open or they broke the encryption, and you get cut off; again, what recourse is available?
(sounds like) Guilty until proven innocent. Even there, how would one prove innocence??? A fully forensic session with your machine, that you have to pay for? Where does it end? How on earth do they expect this to work without really pissing off some innocent people?
This kind of stuff makes no sense to me. I hope that if it does somehow pass, that the whole thing backfires on them badly somehow. |
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Romney2012Defeat Obama 2012-Chg we can believe inPremium
join:2002-03-03
USA
kudos:4 | said by amungus:I hope that if it does somehow pass, that the whole thing backfires on them badly somehow. Even after all this, it must still get approved by the Constitutional Council(The French Supreme Court, but one that can rule on laws without a court case being filed like in the US) which invalidated the last version of this law before it could be implemented.
I'm betting the Constitutional Council will OK this version and the 3 strikes will become the law in France this time.
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| Why would they change their mind? |
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Romney2012Defeat Obama 2012-Chg we can believe inPremium
join:2002-03-03
USA
kudos:4
4 edits | Previous law had no recourse in courts and was purely administrative by a gov't dept and that is why they invalidated it. The new law requires a court hearing before someone can be cutoff. Even if the hearing only lasts 5 mins.
P.S.>> Unlike UK & US, which is based on common law principles, France is based on the Napoleonic code. And under that you are NOT assumed to be innocent unless proven guilty. Quite the opposite actually. Once charged by an examining magistrate you are assumed guilty unless you prove otherwise. |
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| Not correct. French citizens have the right to the "Présomption d'innocence", which is equivalent to the innocent until proved guilty. The judge will decide of the culpability and to do so has to be convinced that there are no doubts regarding said culpability. If there remain doubts there will be a "non-lieu". Well that's how I understand it. |
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 KrKHeavy Artillery For The Little GuyPremium
join:2000-01-17
Tulsa, OK
·AT&T DSL Service
| reply to amungus
It works like this.
You get accused. You're assumed guilty. You're cutoff.
At that point you must spend a fortune fighting to prove you weren't given due process, weren't warned, didn't get your previous strikes, or are completely innocent and falsely accused. Of course, that's all on you. After the fact.
OR you become a member of the Digital underground, accessing the Internet illegally, or under false documents, or by sharing someone else's connection.
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"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini
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