Commission says 'no': Sarko given out over 3 strikes

The amendment - hard fought for by groups concerned that digital freedom was being undermined in the Telecom Package at the behest of the content industries - was designed to stall moves towards 3 strikes (riposte graduée) national laws being enabled by stealth (see - Throttle the Package campaign).

Sarkozy had subsequently written to Jose Manuel Barroso, the President of the European Commission, demanding that he and information commissioner Viviane Reding work to 'reject' the amendment (which apparently the commission can do) on the basis that it gets in the way of the 'fight against piracy' - a fight seen by Sarkozy as a key plank of the French EU Presidency.

Sarkozy's government is also part way through introducing a raft of Internet-clamping measures in France and Amendment 138 might prove a roadblock to that process by bolstering any legal challenges sure to mounted by digital rights and citizens' groups there.


Amendment 138 requires telecoms regulators to apply the principle that "no restriction may be imposed on the fundamental rights and freedoms of end-users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened where the ruling may be subsequent." In effect, any disconnection has to have judicial authority - as an ISP, you can't just go cutting users off willy-nilly.

In the end the amendment was passed in an open vote with a large majority of 573 votes in favour to 74 votes against, a fact acknowledged by the Commission as a strong democratic mandate to have it stand.