In an important decision the French Constitutional Court has declared the core elements of the proposed three strikes law in France (Hadopi) unconstitutional, considering the freedom of expression and communication, the presumption of innocence, the right to privacy and confidentiality of communications.
This puts further pressure on the Council of Ministers to respect the EP’s adoption of amendment 138, requiring member states to respect the fundamental rights of internet end-users in the context of internet access. The Dutch minister of economic affairs recently wrote a letter to the Dutch parliament, stating the Dutch government did not consider the three strikes strategy to be acceptable. The letter also refers to the new (constitutonally problematic) Dutch notice and takedown code of conduct (my translation):
In the Dutch context, a procedure to deal with end-users with bad intentions is also not necessary, because, partly at the government’s urging, we have adopted a code of conduct on the basis of which internet providers, at the initiative of law enforcement authorities, take action themselves against criminal activity such as child pornography (notice and takedown code of conduct). It will have to be clear that the amendment does not interfere with this code of conduct. The Netherlands wants further clarification of the amendment before it can take a definitive point of view. In particular, it will have to become clear in which cases there should be a prior judicial decision and ion which cases not.
The Dutch government expects the Council to reject the Telecom package as adopted by the EP and the negotiations in third reading to be restricted to amendment 138.