[e-privacy] French group to monitor p2p
pinna
pinna at autistici.org
Thu Apr 14 16:09:24 CEST 2005
French group to monitor p2p
http://p2pnet.net/story/4521
[...scusate il copia e incolla, pieno di errori, credo]
ciao
pinna
CNIL, Franceâs data privacy agency, says itâs giving SELL, the
countryâs leisure software industry âwatchdog,â permission
to âautomate the process of identifying infractions to the copyright
lawâ.
What this means is: SELL (Syndicat des Editeurs de Logiciels de Loisi)
will now be allowed to both track and monitor p2p downloads.
âSpecifically, it will allow SELL to send warnings of infractions to
those who make available online illegally obtained copies of
softwareâ and, âIn a second stage, in particular cases, will be
able to maintain in its records filesharers' IP addresses,â says the
agency.
Warning messages will be sent to filesharers who download or make
available software whose copyright belongs to a SELL member, states CNIL
(Commission Nationale de l'Informatique et des Libertés), going on:
âThe messages will inform the recipient that he/she has committed an
illegal act and the possible legal consequences of their actions. CNIL
has been assured that, in the course of sending out these messages, SELL
will make no attempt to keep records of the recipients' personal
information with a view to eventual legal action.â
Oh. Thatâs OK, then
However, SELL will be allowed to identify and obtain IP addresses,
âwhere the gravity of the infraction warrants itâ.
CNIL doesn't say who decides what's grave or not, or how it'll be
defined.
SELL will also be able to initiate legal action,with approval from the
CNIL.
âThe CNIL feels it has adequately performed its role to both protect
individuals' rights to privacy and uphold the rights of intellectual
property developers,â it states.
No control
However, Quentin Renaudo doesn't think it's such a good idea.
"The ADA is opposed to the decision of the CNIL and we want to point out
that the 2002 report of the CNIL mentioned that even the databases
created by the French Department of Justice contained more than 25% of
errors and omissions," he writes on the audionautes blog, continuing:
"What will it be like under the direction of industrials who are not
even Police Officers?
"We also express our worries that there will be no control for the
"prevention" messages sent by the industrials to P2P users. Nothing will
assure that theses messages will be legally valid and reflect reality.
"Also, the ADA is impressed that industrials will be allowed to track
and monitor P2P users without any warranty for citizens.
"The decision is immediately applicable but the ADA is looking forward a
possible appeal to the French Supreme Administrative Court."
Stay tuned.
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