Net neutrality and threats to fundamental rights in europe
This is a modal window.
The media could not be loaded, either because the server or network failed or because the format is not supported.
Formal Metadata
| Title |
| |
| Title of Series | ||
| Part Number | 7 | |
| Number of Parts | 60 | |
| Author | ||
| License | CC Attribution - ShareAlike 3.0 Germany: You are free to use, adapt and copy, distribute and transmit the work or content in adapted or unchanged form for any legal purpose as long as the work is attributed to the author in the manner specified by the author or licensor and the work or content is shared also in adapted form only under the conditions of this | |
| Identifiers | 10.5446/20904 (DOI) | |
| Publisher | ||
| Release Date | ||
| Language |
Content Metadata
| Subject Area | ||
| Genre | ||
| Abstract |
|
re:publica 20107 / 60
3
6
10
11
12
13
14
15
16
17
18
20
21
22
25
26
27
28
32
33
34
35
37
39
40
42
43
44
46
47
48
49
50
51
52
53
54
56
57
59
60
00:00
WeightState of matterPhysical lawTelecommunicationMetropolitan area networkQuadratic equationLecture/Conference
00:41
WeightInclusion mapMaxima and minimaMetropolitan area networkService (economics)Regular expressionMathematical singularityState of matterState of matterPresentation of a groupRight angleDisk read-and-write headProcess (computing)InternetworkingService (economics)Metropolitan area networkPhysical lawLink (knot theory)TelecommunicationArithmetic meanSoftware developerProjective planeDeclarative programmingCASE <Informatik>FreewareSpeech synthesisRegular expressionDecision theoryRule of inferenceComputer animation
02:53
Service (economics)Mathematical singularityRegular expressionMetropolitan area networkFreewareSuite (music)Distributive propertyRegulator geneComputer networkInformationEscape characterUniformer RaumArmWindowMaxima and minimaGoogolDivision (mathematics)Rule of inferenceRegulator geneAuthorizationDistribution (mathematics)Cartesian coordinate systemSoftware frameworkDirection (geometry)Right angleMereologyInternetworkingBusiness modelOperator (mathematics)Point (geometry)SoftwareAxiom of choiceCategory of beingVulnerability (computing)EmailYouTubeBitMobile WebWebsiteFormal languageTelecommunicationService (economics)Design by contractMedical imagingLetterpress printingRegular expressionOrder (biology)Session Initiation ProtocolEndliche ModelltheorieGraph (mathematics)Stability theoryBlogSummierbarkeitMathematicsSpeech synthesisBlock (periodic table)Pay televisionPerspective (visual)Scaling (geometry)Set (mathematics)Fraction (mathematics)WordComputer animation
08:54
SoftwareMaxima and minimaShared memoryRule of inferenceComputer configurationBlogTwitterRegular expressionPower (physics)InternetworkingFundamental theorem of algebraTerm (mathematics)Condition numberService (economics)Design by contractMobile WebSoftware maintenanceSelf-organizationMeeting/Interview
11:02
Arithmetic meanObservational studyData storage deviceDistribution (mathematics)Computer fileShared memorySocial engineering (security)Hard disk driveBusiness modelBroadcast programmingFigurate numberCopyright infringementPressureSpacetimeComputer animation
13:01
TelecommunicationWordDistribution (mathematics)Text editorInternetworkingShared memoryStrategy gameHypermediaTrojanisches Pferd <Informatik>Lecture/Conference
13:59
Level (video gaming)Representation (politics)Civil engineeringTelecommunicationDirection (geometry)Multiplication signDisk read-and-write headPermanentLecture/ConferenceMeeting/InterviewComputer animation
15:43
Pointer (computer programming)MassDenial-of-service attackPhysical lawService (economics)Right angleTelecommunicationTraffic reportingContext awarenessInsertion lossMereologyMessage passingContent (media)Goodness of fitMultiplication signNeuroinformatikInternet forumDifferent (Kate Ryan album)Group actionRadiusRevision controlWeb pageExtension (kinesiology)Reading (process)Source codeComputer animationLecture/Conference
18:19
InternetworkingInternet service providerDisk read-and-write headProxy serverRight angleProcess (computing)Form (programming)Lecture/Conference
18:51
HoaxHybrid computerFilesharing-SystemRepresentation (politics)Copyright infringementSystem callReading (process)Traffic reportingFactory (trading post)Form (programming)Multiplication signLecture/ConferenceMeeting/Interview
20:43
InternetworkingRight angleComputer animation
21:32
WordRepresentation (politics)Table (information)Uniform resource locatorElectronic mailing listComputer animation
22:09
Extension (kinesiology)LeakPlotterCopyright infringementView (database)Computer animation
22:52
WordCivil engineeringRight angleRoundness (object)Context awarenessCopyright infringementFilter <Stochastik>Content (media)Junction (traffic)ResultantInterpreter (computing)Lecture/Conference
23:53
Context awarenessPresentation of a groupInterpreter (computing)Matching (graph theory)Marginal distributionBitWordMereologyRepresentation (politics)Strategy gameTransport Layer SecurityLecture/ConferenceMeeting/Interview
25:44
InternetworkingDirection (geometry)Order (biology)Presentation of a groupMoment (mathematics)Point (geometry)Form (programming)Lecture/Conference
26:53
Rule of inferenceMereologySpeech synthesisRegulator geneNetwork topologyInternetworkingPhysical lawLecture/ConferenceMeeting/Interview
27:23
Decision theoryRight anglePhysical lawMereologyAuthorizationFundamental theorem of algebraOrder (biology)Rule of inferenceLibrary catalogLecture/ConferenceMeeting/Interview
28:03
Value-added networkGodElement (mathematics)Physical lawDecision theoryDefault (computer science)Copyright infringementFundamental theorem of algebraInternetworkingProcedural programmingElectronic mailing listRight angleOffice suiteLecture/ConferenceMeeting/Interview
29:18
Vector spaceLecture/Conference
29:52
1 (number)TelecommunicationMultiplication signForm (programming)Content (media)Right angleLecture/ConferenceMeeting/Interview
30:36
Message passingType theoryPhysical lawContent (media)Context awarenessInterpreter (computing)State of matterDesign by contractLecture/ConferenceMeeting/Interview
31:05
Point (geometry)Design by contractPhysical lawInternetworkingOperator (mathematics)Data storage deviceData transmissionLecture/Conference
31:36
Operator (mathematics)Point (geometry)Design by contractPressurePhysical lawLecture/Conference
32:14
Reflection (mathematics)State of matterMedical imagingVideo gamePressureClosed setLaptopDisk read-and-write headBuildingLecture/Conference
32:53
Medical imagingInferencePhysical lawInterpreter (computing)CodeForm (programming)Representation (politics)Lecture/Conference
33:51
WeightFreewareDecision theoryVotingMotion captureNumberMechanism designLecture/Conference
35:11
Level (video gaming)Mechanism designPower (physics)Execution unitReflection (mathematics)Lecture/Conference
35:44
TelecommunicationMultiplication signGroup actionParameter (computer programming)Different (Kate Ryan album)Interpreter (computing)Lecture/ConferenceMeeting/Interview
36:14
Medical imagingInternetworkingGroup actionPoint (geometry)Bounded variationMultiplication signVariety (linguistics)Meeting/Interview
36:43
Variety (linguistics)Bounded variationGroup actionEmailMeeting/InterviewLecture/Conference
37:17
Metropolitan area networkMeeting/Interview
Transcript: English(auto-generated)
00:00
Thank you very much, Monica, for this very precise state of the EU communication law. If there are some further questions afterwards, I think they can be directed to you as well. I will try to talk to you about the current state of the play and the upcoming fights
00:26
in those issues. I'm Jeremy Zimmerman. I'm the co-founder and spokesperson for La Quadrature du Net. Oh, it doesn't work. La Quadrature du Net is a kind of citizen toolbox, providing tools for everyone to understand
00:45
the legislative process when it threatens our fundamental freedoms on the internet and tools for everybody to participate into the public debate. We've been active in France with the notorious Adopie three strikes law in the EU with the telecoms package and some other legislative and non-legislative projects.
01:04
And you will understand with this presentation that we are right now active with many issues you can all participate with. One thing I really, really want to show you is a trophy we earned in the French Adopie battle, the three strikes legislation.
01:24
We won this and put it on top of the fireplace next to the taxidermized head of former Minister of Culture, Christian Albanell. It's a decision by the Constitutional Court, the highest jurisdiction in France.
01:40
And it's supposed to say, yes, it says, Article 11 of the Declaration of the Rights of Men and the Citizen of 1789 proclaims, the free communication of ideas and opinions is one of the most precious rights of men. Every citizen may thus speak, write, and publish freely, except when such freedom
02:01
is misused in cases determined by law. This is freedom of speech. In the current state of the means of communication and given the generalized development of public online communication services, this is the internet, and the importance of the latter for the participation in democracy and the expression of ideas and opinions. This right implies freedom to access such services.
02:24
So this is an answer to your question, sir. And it is literally the highest court of a small country named France that links freedom of expression and communication, which is essential for democratic participation, to the access to the internet.
02:40
You and I, we all know this today. We blog, we tweet, we use the internet to do very interesting participatory stuff. But it is now up to the legislature, to people who write the law and rule our societies to understand it. So when I say this is a trophy, it literally means that we, the people, by campaigning
03:05
really hard, we can get to reach up to the highest institutions and make them understand our points. So I do share the pessimism of Monica on some aspect of the telecoms package. But on the political side of these fights, I think that there is a lot to play and
03:23
a lot to win. On the positive aspects of the telecoms package, I will show you in a very minute. There is this whole question, you see the sentence, this right freedom of expression implies freedom to access such services.
03:40
The question we have to ask now is what is the freedom to access such services? What is the freedom to access to the internet? And what is this internet anyway? Well part of that reply came in the telecoms package itself.
04:00
It's article 8.4.g of the framework directive and it says this is the role of the national regulation authorities. It said national regulation authorities shall promote the interests of the citizens of the European Union by, blah blah blah, promoting the ability of end users, this is us, to
04:20
access and distribute information or run applications and services of their choice. This is, you may argue this is kind of weak because promoting the ability is not that strong of a wording, but being able to access and distribute information or run applications and services of all choices is freedom to access to the internet.
04:46
We can call this network neutrality, it's a very basic property of the network that makes it the least common denominator, very simple rules so everybody can interconnect and participate. This is the very rule that makes that there is only one internet for everyone and that
05:05
everyone can participate in this internet. This is what we cherish and love, this is the internet. Knowing this, if you're in China and you don't have the freedom to access some information
05:23
or distribute some information of your choice, then this is not the internet. This is the ch-internet, so to say. If you're on a mobile network, whatever, providing some so-called mobile internet, well, if your contract says, oh, you will not use voice over IP, Skypey thing, you will
05:44
not use peer-to-peer or whatever news group, well, this is not the internet. This is Orangenet, VodafoneNet, whatever net, most of it may be interconnected to the internet, but this is not the internet. So the question we have to face now is who has an interest into turning the internet
06:06
into a whatever else net and how are they doing it and what can we do about it? So we'll try to seek answers to those. So you might have seen this image from Marvin Tok before, I like it very much to explain
06:25
what the operators themselves might be tempted to do with the internet. Oh, you see, it's very cheap and so convenient for people who don't have enough money and think of all the old people who don't want the torrents and so on. You got the basic packages, $29.99, and you got Disney, ABC,
06:44
you got also MSN and so on. So you can be happy about it. But if you're not happy about it, you pay the $39, which is a reasonable price, and you got the Wikipedia, ultra-leftist, fundamentalist, birdie things, you know, the Google and the Yahoo.
07:00
And if you pay some more, $49, you got the blogger, YouTube, and you can publish stuff. And you see the fine prints in the bottom, full internet access available on request, please, no, no, no. Always have to read the fine prints, you know. So this sounds a bit like science fiction, but as I told you on the mobile phone,
07:20
internet access market today, such restrictions apply. Not as clear with this site is blocked, it's more subtle on most of the French subscriptions, I think. They say, oh, you got unlimited internet access, but only 10 megabytes of email. And afterwards, each megabyte of email, you know, it's...
07:41
So one megabyte of email is not equal to one megabyte of YouTube. The funny thing is if you access your emails through Gmail, they will never know it's email, but that's another technique. So an incentive for restricting internet access in order to create new business
08:01
models, you may think it's just dumb, you would be right. You may think it's also dangerous, then you would be right again. But if we think about it on a more global scale, it can have an impact on the very growth of this whole common infrastructure we call the internet. And I will explain why just after a sip of this.
08:25
I'm very sorry. The business model and the investment model of internet operators so far has been to look at those very nice graphs. Some of you might know MRTG and such thing. So you see what your users are doing on a statistical perspective,
08:42
and you see that, oh, soon we will hit the floor of the tube. Therefore, we need bigger tubes. And so the people from the technique go to the people from the money and say, we need a bigger tube. And so, for 20 years, from bigger tube to bigger tubes, from more usage to more usage, we built the internet.
09:03
This is the organic growth of this common infrastructure with minimum rules where everybody can participate. Now, imagine that the technique guy go to the business people and say, we need bigger tube. But you know, the business guy is smarter than everybody.
09:20
So he thinks, what if we don't buy the bigger tube? People will be annoyed. Things will go slow. And then we can sell them the magic option. The magic option is being sold right now by Vodafone in Spain on some mobile internet access. If you pay whatever amount of euros a month when the network is congested,
09:42
you won't be subject to congestion. Yes, yes, they can. So what does it mean? It means that for everybody else, it will be slower. Therefore, everybody else will have an incentive to buy that option. And when everybody will have bought the option, what they will have is exactly what they had before.
10:01
So in terms of business, it might be clever. But it means that they have a clear incentive to stop investing in the infrastructure that we also built. We build what is inside. We also build the internet. Therefore, we have to reclaim this. If you don't invest in the infrastructure, we won't use your service again.
10:24
And this is what we can do about it. As soon as you see such conditions applying to contracts, as soon as it stops smelling like the internet, blog about it, tweet about it, make a fuss about it, contact the press, do everything you can about it.
10:40
We have this power still. Okay, so this is one very heavy trend right now to restrict fundamental freedom of expression on the internet by restricting access. Another one, Monica quickly talked about it, is the stupid war on sharing.
11:03
You know, everybody knows that when you share files, you make the industry lose money. Ask a kid with 5,000 movies on his hard disk if he wouldn't have bought 5,000 DVDs. Isn't that obvious?
11:21
Sure, therefore, you can prove it. Well, I won't enter into this debate because it's very trollogen. But anyway, studies from the Ministry of Industry of Canada, studies from the government of Netherlands, studies from the OECD, studies from academics in Britain and in the U.S., a poll from Ipsos,
11:45
Germany in eight European countries, a recent note from the U.S. government, all come to the same conclusions. The figures of the industry about whether or not those evil pirates are harming each other. We don't kill baby seals while sharing files.
12:01
People who are sharing files are people who buy them more. They might not buy exactly the very same dumb copy that they would have bought for 16 euros if they hadn't done it in one click. They would buy a collector edition, a concert, a cinema ticket, whatever, T-shirt. And overall, they buy more in culture.
12:21
But this is not the debate. The war on sharing is a perfect pretext for those industries who don't want to change their business models to try to persuade everybody else. Then the only way to make that business is, first of all, to control the copies, so nobody else in them can do the copies, and to control the means
12:42
of distribution of the copies. Usually, you did it by paying the DJs in the radio so they put your song first, or you buy advertisement in advertisement space, or you go to the distribution retail store and pay them to have your CDs in the front rows, or you go to the TV programs to have your stars be in the biggest shows and so on.
13:03
And therefore, you control the distribution of your works, and everything goes fine in the 20th century. Well, this is over. You all know that. We can all be our own editor, producer, publisher, distributor, whatever. We can. We still can.
13:20
Because of this very simple thing we were just talking about, that is our freedom to access to unrestricted internet, neutral internet. Well, this war on sharing is going on and on. You know that copyright is used as the main Trojan horse for this gesundheit, for this strategy of controlling internet like they controlled the previous communication channels,
13:45
literally to turn this communication tool or communication tool into yet another media. Will they succeed in turning internet into television 2.0? Well, here comes Europe.
14:02
You might think I'm obsessed with Mickey Mouse at this stage. Well, I am. There was the telecoms package. But it's not the first time that those questions of content entered the European Parliament. I won't detail the previous IPRED directive.
14:22
We weren't there at that time. The IPRED 2 directive, we weren't there at that time. That infamous IPRED 2 directive will come back someday in the European Parliament, and we'll talk about it later on. For the fun fact about IPR enforcement directives, the IPRED 1 directive, which is about making very harsh civil sanctions
14:44
for anything related to IPR enforcement. Anyone here knows what was the name of the reporter of that directive in the European Parliament? Tick, tock, tick, tock, tick, tock. Ding, nobody. Her name was Janelie Furtout.
15:00
She was a member of the European Parliament from the ALDE party, and she is the spouse of Jean-René Furtout, who is the president of Vivendi Universale. I like this joke. At the same time, you had Pierre Selalla, who was the French permanent representative towards the European institutions in the Council,
15:21
who is incidentally the husband of Sylvie Forbin, who is the head lobbyist for Vivendi Universale. Well, so these things are going on and on and on forever. They have almost unlimited credit for attacking our freedoms and for making their lobbying staff. Therefore, they use every possible legislative channel they have.
15:44
This is a massive flooding of legislation that we have to counter every day. But I am not an academic, like Monica, and I do care a lot about what is in the text. It's very, it's like computer code, you know? If it's broken, it's broken.
16:01
So we really have to care about it. But it is not the only thing we have to watch. We also have the whole political context that we build around these issues. And as I showed you in the beginning, what we earn with the Adobe fight in France shows that we can do it. On a certain extent, if you look at the telecoms package,
16:22
as it could have been voted in first reading, and what it is now, maybe Monica will agree that it is maybe 20% today of how dangerous it could have been. No? No. We'll debate this afterwards. No, no, all the lawful content, just the part you showed.
16:41
Saying, no, no, saying cooperation with actors in the promotion of lawful content. In the first version, it was promotion and protection of lawful content. This makes a lot of difference. And this notion of lawful content was there 12 times in all the package, now it's there only once, and some things like this. So we can have moderate victory
17:03
or damage control losses on the text, but gain huge political victories. And this is what we can achieve altogether by talking about it, blogging about it, tweeting the internet, and so on. Right now in the European Parliament is being debated the Gallo Report.
17:22
It's an initiative report, so it's not a legislation, but it's a political message from the European Parliament that will set the course for the future of copyright in Europe. It is reported by Marie Gallo, who is a French Sarkozy member of the European Parliament. She wasn't elected anywhere before. She's the spouse of a notorious writer,
17:42
and she was the spouse of a minister before, and so on. And she was parachuted on the ballots by Nicolas Sarkozy himself, so she's a good little soldier in command and service right now. She presented this own initiative report that is the Entertainment Industry Wish List.
18:02
I encourage you to, it's the letter to Santa Claus, literally, and yeah. I encourage you to read the draft report, it's quite short, I think it's five or six pages, to really see what is the current lingo of the entertainment industries trying to use copyright to restrict our freedoms on the internet.
18:22
This lingo included the cooperation of the internet service providers, like when you put a gun on the head of somebody and say, please, do cooperate. The extrajudicial litigation and solving of IPR enforcement,
18:40
this is the bypassing of the right to a fair judicial process. There also is a proportionate sanction, again, extrajudicial. Well, it's a very interesting read. I encourage you also to read the good amendments that were tabled on the Gallo report, we have nothing to do with it.
19:01
Some MEPs, member of the European Parliament, from all parties, whoops, tabled very good amendments that say exactly the opposite, yeah, one major element in their lingo is counterfeiting, counterfeiting, you know, those fake medicine, those fake toys from China that blow in the face of little children and so on.
19:22
Counterfeiting and piracy harms the consumer and kills baby sales whatsoever. So to put counterfeiting, the Chinese factories, the Russian mafia and so on, in the same bag with piracy, what is that? File sharing between individuals with no commercial intent. Yeah, it kills baby sales, trust us.
19:42
Well, this is a very interesting fight that is going right now in the European Parliament. You'll see in the very few days, if you look on www.lacuadatio.net, we launch a call for every one of you to take your phone, take your email, contact your elected representatives
20:00
from the jury commission of the European Parliament, the jury committee, sorry, and tell them, there are the good amendments, so please go and vote the good amendments, or else, you know, I'm an elector and so on. And so this is an ongoing fight. It will set the course for the next legislative action, such as the revival of hybrid two,
20:20
and also very interestingly, it says in its original form, we encourage the ongoing negotiations of the ACTA agreement. Who among you have heard of the ACTA agreement? Wow, I'm impressed, that's a lot, and that's more and more each time, so that's very good news.
20:40
Well, I'm sorry. That ACTA agreement is a smoking gun. It's a Shakespearean tragedy of the new commons.
21:02
It's a perfect example of the intent of those industries and the very little consideration they make of us and of our fundamental rights and of that great tool we built together that is the internet. To make it short, because most of you know about ACTA already, it's the official ACTA
21:25
is anti-counterfeiting trade agreement, so it's a plurilateral trade agreement. It's not an international treaty. It's not an international agreement because it's not tied to any international institution there is, no WIPO, no WTO, no whatever.
21:44
Oh, so it's the words of the US trade representative who represent the US in the ACTA negotiations. The idea was to be between like-minded people. So you take a few friends, you take a nice table,
22:00
you pick an exotic location, you all sit together and you come with all those nice papers that the industry wrote for you. And it's literally an entertainment industry wishlist, but in full extent. So we released some leaks. Some leaks were published on our beloved heroes of WikiLeaks. And yeah, the agreement has been negotiated
22:21
in secret for over two years. So all we have to know what is inside is leaks. And so we now have, how do you say, we have quite a bunch of evidence that together show that the most violent criminal sanctions for inciting and aiding
22:44
infringements. Oh, what is this advertisement on your website? Oh, what did you say in that comment? Isn't that inciting IPO infringement? No, I'm just expressing my political view that those entertainment industries are assholes so I won't buy the stuff anymore and go to the Pirate Bay. So very broadly interpretated,
23:04
words that can be very broadly interpreted and that are voluntarily lived very vague in the text. Civil injunctions that make the industry being able to go to a judge and say, oh, make future infringement on this material to seize.
23:22
How? Filtering of content on the internet? Automatic removal? We don't know, they don't care. They just want the H bomb against copyright infringement. All this is in ACTA. All this is in what we saw in ACTA. The negotiations are going on today,
23:41
right today in Wellington in New Zealand. The next round will be in Geneva in June so we Europeans might have something to play. And here again, it is about awareness. It is about who knows what is going on and this is how we can really win
24:01
and defeat the beast. To give a bit of European context because there was to be the word Europe in my presentation. For Europe, it's the European Commission that negotiate and the European Commission was a very nice nectar.
24:22
I tell you, we won't go beyond the EU-aki. The EU-aki is the technocratic name for the EU legislation. We won't go beyond the EU-aki. And which is supposed to be reassuring but indeed we will see if they're right or not or if their interpretation of the EU-aki
24:42
matches with ours only when the whole will be signed which leaves very, very, very, very, very little margin of maneuver. Well, what we learned recently is that they are negotiating for the EU but for the criminal sanctions. The most violent and dangerous and broad part of ACTA
25:03
is not negotiated by them. It's negotiated by the presidency of the Council of the EU. So Mr. Luc De Vigne may have been right when he said, we won't go beyond the EU-aki. Because he leaves this to the presidency. Well, unelected representatives of all governments
25:22
that do it besides, here again, with no accountability and so on. So my prescription for this is a very high dose of light and exposure. You know the, it is called the vampire strategy. You know a vampire in the dark?
25:40
When you point light on it, it's... So consider that we all have a tiny LED light, a very small one. What we have to do is to light it up at the very same moment and point it towards the same direction. This is what we can do using the internet. This is what we try to help you,
26:04
to help everyone willing to do so, to do. And I think that this is really what we have to do in order to protect the internet before it's not the internet anymore. I thank you very much.
26:34
So there were so many trolls in my presentation that I assume there are questions.
26:40
There are microphones. Just one small thing I didn't really get. You started with the highest court ruling from France that clearly said there is,
27:02
the internet is part of the freedom of speech regulation and access should not be limited. And how does this comply with the three strikes rule that you actually have? I'm sure that you don't want the full details or maybe we can discuss them afterwards.
27:20
Just a simple answer. Actually, yeah, yeah. The whole Adobe three strikes law was some kind of legal Lego, a huge pile of very dirty Lego. This decision overturned the law Adobe. So it's a major blow for the French government. And it literally says as it is part of fundamental rights,
27:41
you cannot use an administrative authority like the one you designed that will order restriction of fundamental rights like this. So the government, no, actually Nicolas Sarkozy went furious first and is reported to have shouted, this is my law and I will have it. He's also reported that Carla asked him
28:00
the day of the ruling, but don't they have lawyers in the Ministry of Culture? And that this would have sealed the fate of Christine Albanel, God bless her soul. So he said, this is my law and I will have it. So he ordered the folks in the Ministry of Culture to circumvent that decision of the Constitutional Council. And so they invented a very light procedure
28:21
that go through the judge. The judge is the guardian of fundamental rights and freedom. So the judge can restrict your fundamental freedom. The judge can put you in jail, which is an obvious restriction to your freedom of movement because he's a judge. So they invented a very express procedure where the judge will rubber stamp the things.
28:42
I'll give you the details about you're not guilty of IPR infringement, but guilty of not having secured your internet access against it being used for copyright infringement, because copyright infringement is a criminal offense that you need evidence to demonstrate prejudice and so on. So this became an administrative offense.
29:01
The funny thing is the Ministry of Culture now has to publish a list of tools that will allow you to secure your internet access against it being used for IPR infringement, which is very funny because it's not technically feasible. And until they do this, there will be no sanction at all.
29:21
So for now, Adobe is a lame duck, a dead duck or whatever duck or just dead. So it will not practically be executable? No, it won't. Next question. Jeremy, I'd just like to come in
29:42
on where I differed with you just earlier. The two provisions that I, can you hear me from this one? Okay, yeah, the provisions which I presented are having been through this
30:00
and spent months and months peeling through the amendments that were presented in the telecoms package and what we ended up with. The ones that I presented were the important ones that the MPA and the IFP lobbied for. They are in a very slightly different form from the original form that they lobbied for,
30:20
but they are actually the important ones. The lawful content, it would have made things worse, arguably, it would have strengthened what they wanted, but the two important provisions were those two and they were in there right at the beginning and they're still there. So that's kind of what I meant, I wasn't meaning to be contradictory. There were more than this, there was also the thing about the sending of messages
30:40
and the type of sanctions and also the fact that the actress interested in the protection of lawful content might not be the same as the promotion and also the positive parts and overall the political context around it that will guide the interpretation in the member states is at least as important, I think. The political context is very important, but how they will do it, they do it in two,
31:00
it's so simple, it's amazing. They literally change your contract and they make this general obligation and that's actually all they need to do and that is what is actually quite scary. Are there some other questions? Yeah, there is one here. Yeah, this is a very interesting point is that they will use restriction,
31:21
there's a question. Restriction through contract law. With ACTA, they will make such a burden on the internet operators up to help them liable for the transmission or storage of copyrighted material that the operators themselves will be forced to implement policies
31:42
restricting access or publication or so on. So this is a very interesting point is that now they intend to force operators to use contract laws and thank you for reminding me because I forgot to talk about it earlier. So we have to be very, very careful of those contracts and what the operators do and under which pressure.
32:04
Oh, there would be so many things to talk about what can we do positively with the net, but after hearing you and my only question is what are we going to do against the vampires in Geneva in June live, I mean is there any,
32:21
I mean we have to be there and we have to show out because I think that put more pressure on them and put so, what are we doing against the vampires live in Geneva in June? I can tell you about the state of my reflection on the topic which is not definitive and as usual it might be decided in the very few hours before. Maybe building a nice image of ourselves
32:43
in front of those big buildings, opaque and close to us, being chained to whatever laptop or Mickey Mouse head or looking like we're censored or restricted in any way and just build images, bring journalists to say look what we have to show about what they are doing
33:01
or something like this. I don't believe in huge protest because you know in France we do huge protests with millions of people and we cannot achieve that. But building images and spreading them around is a way of giving our interpretation of the facts and therefore we write the story
33:21
and this is very important. This is what we did on the Adopilo. It was passed in a kazi dead form and everybody in France, in the general public, you ask oh you know the Adopilo, oh yes that dead thing that won't work. Oh yeah that thing that is obsolete already. There was an opinion poll asking a representative
33:42
in the panel, people what they thought about the overturn of the law and 66% of them said oh it's a good thing. Have you ever heard of opinion polls about what people think of a decision of the Constitutional Court of their country? So it really gives an idea on how strong
34:01
the public debate was on this. So we are building the public debate. We are building the public opinion. We are the public and we are the voters in the end. So I think we should use this kind of tools. Are we going to Geneva? Yeah sure, let's go.
34:22
Any questions? Please. I got free stickers for people asking questions. Very cool stickers. Yeah Mickey Mouse stickers indeed.
34:47
No question? Ah there's one, there's one. Thank you. Is this on? Thank you. So first I want to thank you and congratulate you with your great work in France which is really fantastic because France was kind of the cannery in the coal mine
35:01
for what's going to happen all over the world now. And I think, I guess my question is you guys have been successful in France because you're a number of talented people. You have all the different mechanisms needed to both do the stuff in the legislative level and also the PR, et cetera. But there seems to be no institution that can match the tenaciousness and the power
35:24
in the people lobbying for ACTA both in Europe but also worldwide. So I guess my question is how can people unite to get a strength that is equal to that which is behind ACTA? Thank you. It is a very good and tough question.
35:43
It's indeed at the heart of our reflection on how to build our action. And on the telecoms package we have been very successful at communicating what there was to do when there was, it was time to do it and who had to do it and so on.
36:00
So we build those packaged actions and spread them. Sometimes people think yeah it is a good thing to do and just do it. One parameter and we saw this over and over again and we have difference of interpretation with some people around this is that I think it's no use to try to centralize the action. We don't want at all to become the center of all this
36:23
because at some point I will need some vacation badly. The thing is to show people how to do it and at the image of the internet itself try to parallelize, distribute and explore and exploit the variety.
36:41
Yes, I'm over time, yeah. Yeah, just to finish, explore the variety of opinions and actions and yeah use the creativity. When we issued some logos people remixed them, put them into movies, put them on top of the letters or mail they send and so on. So let's reuse collectively all we can produce about it
37:02
and try to do our best and try to parallelize our tiny LEDs.