Communiqué du 11/06/2009
The decision of the French Constitutional Council of the last June 10 was one more victory for digital freedoms, after the election of the first Pirate Parliament Euro-deputy.
Censorship of the principle of graduated response by the Constitutional Council was intelligent decision.
This decision is from our point of view legitimate and justified.
By upholding the appeal filed against the law “Creation and Internet”, the Constitutional Council reinforces many of our convictions.
Indeed, the privacy is at the heart of the concerns of the Pirate Party.
Monitoring of Internet connections is a breach of human rights and citizens, especially the universal right to expression and communication. Communicating is a vector of development for all and should be accessible to everyone and it can deprive citizens without solid legal basis.
History has shown that botched justice is nonsense and does the resentment of citizens.
The Constitutional Council has agreed that all sanctions must be taken by a judge and not by a pseudo public administrative entity controlled by lobbyists. The independent justice has won the fight against the principle of “judge and party.”
The recognition of the right to access the Internet as a human right is a historic event. We are still facing to the consequences of that decision by extending this recognition to the right of free sharing of culture. This right goes hand in hand with the remuneration of artists, which is not fully secured by intellectual property, since very few artists are paid.
Respect for the presumption of innocence is another important point in this decision. By making the proof beared by the internet owner (with all abuses as consequence, government spyware and other), the legislature has violated this principle and it is only right if this part of the law has been simply censored.
Today, the Law “Creation and Internet” is emptied of substance but the government refuses to see the reality. How much defeat must it takes in order to make the government understand that this law is a failure ?
We will remain vigilant on the way that this affair could go.
The government will have again many opportunities to interfere with the freedoms of Internet users, we must remain each time mobilized to resist facing the surveillance of networks.
Let’s talk about the future now. The law known as Loppsi 2 is coming and probably the Government will make it an emergency, which would lead him back to the vote of simplified botched procedures that everyone knows. We still have a chance to prevent this law from passing. We need to alert and inform citizens about the risks that exist when filtering the Internet, so that France will never look like China. We must defend our digital freedom, which are fundamental, and act.
This government has no legitimacy to restrict civil and digital liberties.
The Pirate Party needs new forces to spread the need of justice and freedom.
We are calling all the pirates of France to fight under the banner of the 3 historical points of the International Pirate Party : Reform of Copyright, Free movement of scientific knowledge and promotion of Human Rights.
Posted in Communiqué PPF-CH |


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