Take me to the European Parliament: Is French Three Strikes Law Out?

The European Parliament reinstated yesterday Amendment 138 of the “Telecom Package” that had been rejected by the Council, which would prevent government to restrict user’s access to the Internet without prior ruling by the judicial authorities. According to the initial wording of the amendment “no restrictions may be imposed on the fundamental rights and freedoms of end users, without a prior ruling of the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights", but it was replaced by "and the right to a judgement by an independent and impartial tribunal established by law and acting in respect of due process in accordance with Article 6 of the ECHR."

France had fought hard against Amendment 138 which would protect users’ rights against the three-strikes sanctions that is at the core of the hotly debated French Internet and Creation bill. The government did not succeed of having it voted on April 9, and a new version of the bill is currently debated by the French Parliament. If voted, article L. 331-25 of the French IP Code would allow that the Internet access of a customer having infringed his obligations can be suspended “for a period of two months to one year with the impossibility for the subscriber, to subscribe for the same period another contract for access to a communication service to the public online at any operator.”

The law created the HADOPI, the « Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet » (High Authority for the Diffusion of works and protection of rights on the Internet), an independent Administrative Authority. The HADOPI is in charge of enforcing the « three strikes and you’re out” law. It would fist send an email to the user downloading protected materials, then a registered letter, before finally made the decision to cut access for two months. But the HADOPI is not an “independent and impartial tribunal established by law and acting in respect of due process in accordance with Article 6 of the ECHR" so, according to amendment 138, has no right to cut Internet access.

So, as of today, the future of the HADOPi bill is bleak. Did I hear a sight of relief?