As I live in France, I think I can give you some insights. There is some points to be enlighted in this law.|
The law stated that you are responsible of your connection usage. It simply means, legally, that if someone (undercover or not) else use it, you could be disconnected. They called it the "négligence caractérisée", meaning you didn't take any countermeasures to prevent someone else from using your connection to breach the intellectual property. The government is currently unable to define this concept and the carelessness's level, technically spoken (your grandpa knows about WPA right ?).
Deeply, it is the same problem with the Hotspots (FON for instance), now integrated in our "boxes", a multirole modem (TV, Phone and ADSL). The government stated the bandwidth is too low to share files (not really the case tought). You could say "hey, I won't be fined because a guy connects to internet via its account and the FAI knows it". Well, but your culpability is based on your IP address, that isn't always public (Neuf Wifi for instance). Just pay a FON access and you won't be worried about Hadopi 2.
To me, they didn't think too much (or they don't know about TCP/IP and so on). I won't be surprised if the law proves to be inapplicable.
Date: Fri, 23 Oct 2009 00:06:04 -0400
Subject: French 3-Strikes Law
To: or-talk@xxxxxxxxxxxxx; tor-relays@xxxxxxxxxxxxxx
France's constitutional council has finally accepted the 3-strikes law. Can anyone who's read it comment on what it means for those who operate exits in France? Would operators (likely) be successful in such cases? Would they have some protection from the cases in the first case? Any insights would be appreciated!
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