[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, France’s data privacy agency, says it’s giving SELL, the
country’s leisure software industry “watchdog,” permission
to “automate the process of identifying infractions to the copyright
law”.

What this means is: SELL (Syndicat des Editeurs de Logiciels de Loisi)
will now be allowed to both track and monitor p2p downloads.

“Specifically, it will allow SELL to send warnings of infractions to
those who make available online illegally obtained copies of
software” and, “In a second stage, in particular cases, will be
able to maintain in its records filesharers' IP addresses,” 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:

“The 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.”

Oh. That’s OK, then

However, SELL will be allowed to identify and obtain IP addresses,
“where the gravity of the infraction warrants it”.

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.

“The CNIL feels it has adequately performed its role to both protect
individuals' rights to privacy and uphold the rights of intellectual
property developers,” 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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