[Nettime-bold] Re: FRENCH LAW :

[Christine Treguier <lagadu@altern.org>]

PLEASE NOTE THAT THE ADRESS FOR THE SIGNATURE HAS CHANGED
IT IS NOW :
  www.lantre.org/vospapiers

Chris

Christine Treguier wrote:

> Hi,
>
> The Assembly has not voted the bill of law "Liberty of Audiovisual
> Communication" last night. It will go back to Senate on june 27th and Assembly
> for vote on june 28th (last day of the parlementary session).
>
> It leaves 12 days to act and react against a law which intends to regulate
> public individual expression, by imposing a BEFOREHANDS OBLIGATION OF
> IDENTIFICATION, and should be aim only at defining rights and duties of
> companies involved in audiovisual and internet field. And this WITHOUT ANY PRIOR
> PUBLIC DEBATE.
>
> A communique can be found on
>
> www.altern.org
>
> and a call for signature is lauched towards associations and groups defending
> individual liberties.
>
> Please advertise and circulate widely.
>
> ----------
>
> Translation of the actual bill of law:
>
> BILL OF LAW MODIFYING THE LAW OF SEPTEMBER 30 1986 RELATIVE TO AUDIOVISUAL
> LIBERTY OF COMMUNICATION (Last lecture at the assembly )
>
>  Article 1er A
>
>  CHAPITRE VI
> « Clauses relative to on line communication services other than private
> correspondance »
>
>  Art. 43-6-1.- Physical and moral persons, whose activity is to provide access
> to on line communication services other than private correspondance, have to, on
>
> one side inform their subscribers about the existence of technical means
> allowing to restrain access to certain services or to select them, on the other
> side to propose them these means.
>
>  Art. 43-6-2.- Physical and moral persons who handle, freely or commercially,
> the direct and permanent storage of signals, texts, images, sounds or messages
> of all nature accessible through their services and at the disposal of the
> public, are responsible at the penal or civil level for the content of these
> services only if :
>
>  - having been seized by a judicial authority, they have not acted promptly to
> forbid access to these contents;
>
>  -or having been seized by a third party estimating that the content they host
> is illicit or causes him a prejudice, they have not proceeded to the appropriate
>
> diligences;
>
>  Art. 43-6-3.- The providers mentionned in articles  43-6-1 and
>  43-6-2 have to hold and keep the datas allowing identification of the person
> having contributed to the creation of a content of the services they are
> providing.
>
> They also have to provide people who publish an on line communication service
> other than private correspondance, technical means allowing them to satisfy to
> the identification conditions determined in article  43-6-4.
>
> Without prejudice of the eventuel application of the clauses of article 226-22
> of the penal code', the fact of using the dats mentionned in the first alinea
> for ends other than responding to requests of judicial authorities, which can
> order communication to the providers mentioned in articles 43-6-1
> and  43-6-2 , is punished by the penalties determined by article 226-21 of the
> penal code.
>
> A state Council decree defines trhe datas mentionned in the first alinea and
> determines the duration and modalities of their conserving.
>
>  Art. 41-6-4.-I. Persons whose activity is to publish an online communication
> service other than private correspondance, have to hold at the disposal of the
> public :
>
>  -  if they are physical persons, their name, first name and adress;
>
>  - if they are moral persons, their denomination, or their name, and registered
> offices;
>
>  -the name of the director or co-director of publication, and eventually, the
> name of the editor in the sens of article 93-2 of the law n° 82-652 of july 29
> 1982 on audiovisual communication.
>
>  -the name or denomination and registered offices of the provider mentionned in
> article 43-6-2.
>
>  II.  Persons non professionnaly publishing an online communication service can,
>
> to protect their anonymity,  hold at the disposal of the public only the name or
>
> denomination and registered offices of the provider mentionned in article
> 43-6-2, with reservation of having communicated him the elements of personnal
> identification mentionned in the present article.


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