[pp.int.general] The USA to copy French `anti-piracy' laws?

[Jerry Weyer]

On 25 nov. 09, at 17:19, Robbie E. C. A. Hontelé wrote:

> What can European Court do against this? Say that the member state  
> has been
> a "bad boy" and needs to pay a fine? Kick the member state from the  
> Union?

If one member state violates the directiv and the case comes before  
the ECJ, the judgments are followed! The court doesn't need to kick  
the state out of the EU, the fines do their job as does the "bad  
publicity". So if the ECJ finds the national transposition to be in  
contradiction to the directive it can act!

The problem is the wording of the Telecom Directive. No word of a  
judge, no definition of what exactly can lead to the internet being  
cut off. Of course that's the way directives work (they have to be  
"open"), but that's also the reason why 3 strikes is still possible.

The next problem is ACTA. When the EU signs the treaty (not the member  
states, the EU itself. The EU can sign treaties in 5 days, cf- Lisbon  
Treaty), then the international treaty (ACTA) prevails over national  
and secondary community law (directives and regulations). Then the few  
limitations included in the telecom package are worthless.

The ECJ has been quite imaginative in the past when it comes to  
protect citizen's rights. Even if I doubt it, one can still hope if  
finds a way to limit the consequences of ACTA. One way might be to  
extend article 11 of the charter on fundamental rights (binding on the  
member states in 5 days, cf. Lisbon Treaty) relating to freedon of  
expression and information to the internet. Article 11 § 1 of the  
Charter : "This right shall include freedom to hold opinions
and to receive and impart information and ideas without interference  
by public authority and regardless of frontiers." I wouldn't lose hope  
that the ECJ one days makes it impossible for public authorities to  
cut the internet connection on the basis of that article!

It's sad to hope for appointed judges to protect fundamental rights,  
but our elected representants don't seem to take the issue very  
seriously (including our own Pirate MEP).

Jerry



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