In a legislative move to stem piracy, France has introduced legislation that would ban violators from the internet:

“Anyone in France who persists in illicit downloading of music or films will be barred from broadband access under a controversial new law that makes the country a pioneer in combating internet piracy.

“There is no reason that the internet should be a lawless zone,” President Sarkozy told the Cabinet today, as it endorsed the “three-strikes-and-you’re-out” scheme, which, from next January, will hit illegal downloaders where it hurts. Under a cross-industry agreement, Internet Service Providers (ISPs) must cut off access for up to a year for third-time offenders.”

link: France to ban illegal downloaders from using the internet under three-strikes rule

This turns the internet service provider (ISP) into the ‘internet police’. What is to distinguish an illegal download from a legitimate file transfer? This opens issues such as privacy, security and surveillance. If there is a large file download, will the ISP check the source and the downloading frequency to determine whether it is a work related matter or possible illegitimate file sharing? Further, what legal jeopardy does this place on the ISP, both in terms of protecting copyright material and protecting the customers who support their enterprise? It just places the internet service provider in an untenable, no-win situation.

Catherine Forsythe