Has HADOPI Driven the French Insane?

One of the things I have been unable to understand is why the French, well known for their love of liberté, égalité, fraternité and all that jazz, seem hell-bent on getting rid of large chunks of said liberté in the digital sphere.

I refer, of course, to the infamous HADOPI law, which aims to deprive French citizens of their Internet connection purely on the say-so of French media companies. Doesn't sound like much égalité, fraternité there, does it? That's bad enough; but it seems that this bad legislation is leading to even worse knock-on consequences.

For example, it's emerged that the Head of the Web Innovation Centre for the French television company TF1 was fired for daring to write to his MP to express his opposition to the HADOPI law. Here's a good summary of what happened:

Yesterday’s Liberation carried a detailed report on the dismissal of a TF1 (Télévision française 1) employee for having expressed his opposition to the law. TF1 is a private TV network, whose boss Martin Bouygues is a close friend of Sarkozy. Jérôme Bourreau-Guggenheim was employed there in the web innovation unit. In February he wrote a personal mail to his MP, Françoise de Panafieu (UMP), expressing his opposition to the law and outlining his reasons as well as explaining his involvement in the sector. At the beginning of March he was summoned by his boss at TF1 online, Arnaud Bosom, who read his letter back to him, verbatim. Bosom explained that the letter had been forwarded to TF1’s legal adviser, Jean-Michel Counillon, by the Ministry of Culture! In April he was summoned to a disciplinary meeting and was sacked on April 16th.

Note that this was a personal opinion, expressed from home, and yet he lost his job because one of the strongest supporters of Sarkozy's drive against file sharing, Martin Bouygues, seems to think he has the right to tell his employees what to think, even outside work.

That's clearly outrageous, and I imagine that TF1 will regret the storm of protest it has provoked, and that maybe even a politician or two will find themselves in trouble. But other side-effects are more subtle – and more insidious.

The same site that carries the post about the TF1 sacking has this useful explanation of another knock-on effect of HADOPI:

An element of Hadopi which hasn’t received much or enough attention as yet, is a section which specifies steps that can be taken by computer users to ensure that they will not be found liable under the new regime. The following is a rough translation of the relevant sections, taken from the text of the law in its current state, as found here. Bear with me, it is torturous, some explanatory notes are added in bold…

« Art. L. 331-30. – After consultation with those developing security systems designed to prevent the illicit use of access to a communication service to the public online (internet!), or electronic communications, people whose business it to offer access to such a service as well as those companies governed by title 2 of the book (Intellectual Property Code) and rightsholders organizations (ie SACEM etc), the High Authority will make public the pertinent functional specifications that these measures must comprise so as to be considered, in its eyes, as valid exoneration of the responsibility of the access subscriber (internet user!) as defined in article L. 336-3.

At the end of a certified evaluation procedure, and taking into consideration conformity with the specifications set out in the previous paragraph and their effectiveness, the High Authority will issue a list certifying the security software whose use will validly exonerate the access holder (internet user!) from their responsibility under the terms of article L. 336-3. This certification will be periodically revised.

Mmmh. So what the law intends is to set up a meeting between security software vendors, antipiracy organizations and ISPs to decide what software you need to install on your machine, so that they can be sure that you behave yourself. If you don’t fancy installing their device, then you’ll just have to swallow any liability consequent to someone else using your machine or accessing your connection.

Now, one aspect not evident from the legalistic mumbo-jumbo above is that this spyware may well not support GNU/Linux:

The Assembly also postponed a handful of amendments that sought to exempt the subscriber if the system is not interoperable with software security, with the first assumption that it uses a system that is too old. An "old" Windows with expensive software installed on, for example. Or a free software ...

An amendment sought to nip in the bud the potential for discrimination technological and financial background of interoperability ( "the means of secure, freely available to consumers, are interoperable). But again, it was rejected by the rapporteur implacably Franck Riester and the Minister of Culture, Christine Albanel.

Now, normally I would assume that good sense would prevail, and that this casting into the outer darkness of GNU/Linux users would be rectified by those rational French people (after all, France is one of the biggest users of free software in the world). But given the rampant insanity that has broken out around HADOPI, I'm no longer confident that is the case. Instead, I fear that France is about to consign itself into the digital dark ages. Quel dommage.

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