In the last hours of the night

Everywhere in Europe, the war against sharing is sinking. One after the other, those who care for freedoms and culture severe themselves from this approach, and call for building synergy between free non-market exchanges on the Internet and the funding of creation. The defenders of the centralized control on the access to works launch ultimate and vain assaults, each more absurd and dangerous for freedoms and fundamental rights. It seems that the French government wishes to be at the forefront of this obscurantism. In France, if develops burlesque efforts to force the adoption of the three-strike approach HADOPI law. In Europe, no effort is spared to prevent the adoption of a text stressing the fundamental rights and freedoms of which the Internet has become the concrete instrument can be restricted only by a judiciary decision following the due process of law. The European Parliament has voted three times to this effect: the Bono-Roccard-Fjellner amendment of April 2008, the Bono-Cohn-Bendit-Roithova amendement of last September (also known as amendment 138/46) and the recent Lambrinidis report. However, the French governement is desperate to prevent a new adoption in second reading of the amendement 138/46. It exerts strong pressure on rapporteur Catherine Trautmann, using her desire to see the directive she is in charge of adopted before the end of the present Parliament mandate. The intention of the French governement and some lawyers in the Council is clear: to make her accept drafting that they could claim to be compatible with massive restrictions of fundamental rigths and freedoms on the basis of simple administrative decisions.

Mrs. Trautmann faces a critical decision. She must decide today and tomorrow if she trusts the representative democracy and its alliance with the civic society, or if she searches for a compromise at any cost. She has to recognize that the update to the telecom regulation, however important, is worth nothing if obtained by sacrifying the freedoms of all. If she chooses to defend amendment 138/46, she will tie her name to a new affirmation of rights. If she consents to its weakening, she will meet an important resistance in Parliament, and this waste it will be in vain, as industry does not develop itself by tramping the rights of its customers. Let’s help this courageous woman to dare trusting the power of democracy.

This post is also available in: French

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