HADOPI 2 is (Mostly) Constitutional Decided Conseil Constitutionel

France’Conseil Constitutionnel validated most of the HADOPI 2 bill yesterday, and the law should be promulgated very soon. We will have to see now how it will be implemented. Who will be the first judge to use an ordonnance pénale in order to prosecute an Internet user who has allegedly illegally downloaded protected materials?

Using an ordonnance pénale is constitutional: Article 6 establishes a procedure applicable to specific criminal offenses of infringement committed over the Internet (single judge trial and simplified procedure of the penal order). The Constitutional Council had already had a chance to decide this procedure complies with the Constitution .

It may be constitutional, but is it wise? Will it be efficient in preventing illegal downloading? The question of efficiency is essential, as we know that trade-off is a key concept to evaluate how the general public will welcome laws which are taking away some of their privacy.