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French Constitutional Council Rejects Anti-Piracy Legislation

By Anna Johnson on June 25th, 2009

France’s Constitutional Council, which reviews legislation approved by Parliament before it goes into effect, has rejected legislation aimed at cutting off the Internet connections of digital pirates, saying that authorities have no right to do so without obtaining court approval.

The Constitutional Council – France’s highest constitutional authority – specifically rejected legislation that would have allowed a newly created agency to act on the recommendations of copyright owners to order Internet service providers to shut down the accounts of Internet users who had ignored two warnings to stop engaging in copyright infringement.

The Constitutional Council said the measure contradicted French constitutional principles, including the presumption of innocence and freedom of speech.

The French Government is likely to modify the proposed law so that Internet access may be cut off if so directed by a French court.

Source: Eric Pfanner, “French Council Defangs Plan to Crack Down on Internet Piracy,” The New York Times, June 10, 2009

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