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Friday, November 06, 2009

Glass half-full? La Quadrature analysis

A lot of lawyers are scrambling to decipher what the new Article 1.3a means - clearly it allows for adjudication and then potentially a fair trial at a later stage - after being cut off or before? Here's La Quadrature's analysis, which is a lot more balanced than some might expect:

The new provision gives2 "effective judicial protection and due process", guarantees "the principle of presumption of innocence and the right to privacy" and the respect of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
However, the text only speaks of "a prior fair and impartial procedure" instead of a prior ruling by the judicial authorities, guaranteed by the original "amendment 138", and contains loopholes and ambiguities. The invalidation of freedom-killer measures such as "three strikes policies" will now depend on interpretation by the European Court of Justice and national courts. Moreover, the text only relates to measures taken by Member States and thereby fails to bar telecom operators and entertainment industries from knocking down the founding principle of Net neutrality.

1 comment:

Gilawrider said...

In the same way: