EU Rejects 'Guilt Upon Accusation' (sort of)..







(crossposted from CreativeFreedom.org.nz)


The New York Times reports that the European Union has rejected Guilt Upon Accusation laws (known as "Three Strikes") and guaranteed a "fair and impartial" procedure before any punishment such as internet termination. “This is a very fundamental step,” said Catherine Trautmann, a member of parliament from Strasbourg, France, who sponsored the amendment “It is the first time that we affirm that access to Internet is an essential tool to exercise fundamental rights and freedoms. It is progress for the rights of citizens.” Ms. Reding said “This Internet freedom provision is unprecedented across the globe and a strong signal that the E.U. takes fundamental rights very seriously”. While talking about basic freedoms such as freedom of speech the amendment does still allow internet termination, effectively removing a mechanism for free speech. The text of the amendment is available on Christian Engström's site . The wording of a "fair and impartial procedure" stops short of guaranteeing a trial, although the amendment also guarantees "The right to an effective and timely judicial review". This is good news for Europe but there's no word yet on how this will affect the French or UK plans.