Andre Yoskowitz
12 Jun 2009 2:20
In May, the French National Assembly voted for and passed the controversial 'three strikes' law that would have multiple time piracy offenders stripped of their Internet rights.
Today, the French Constitutional Council has ruled that the law, dubbed the The Creation and Internet bill is unconstitutional and violates the Declaration of 1789. The declaration says that all parties are innocent until proven guilty. The three strikes law would force customers to prove their own innocence.
The Council also says that the bill gives to much authority to a new oversight branch called the "High Authority." The Bill also prevents users from communicating with each other, thus attacking the constitutional right to freedom of speech.
The ruling should set a precedent for other countries that may be considering the law, as it will undoubtedly be deemed unconstitutional in those countries as well.
Critics have long criticized the bill for not only its presumption of guilt, but also the fact that the law encourages the monitoring of Internet traffic, regardless of whether the actions being monitored are legal or illegal.