Sarkozy vs. the pirates of the Internet

The principle of proportionality allows the legal authorities to act against an individual only if the means do not cause more harm than necessary and whenever a worthy result is intended. This principle is recognized in international law; in recent years it has become more widespread in European jurisprudence and in High Court rulings, and has recently captivated the public in France.

This leads us to a decision by French President Nicolas Sarkozy to authorize drastic measures in combating so-called Internet pirates - people who download books, movies and music from the Web without permission from the rights holders.

The subject is preoccupying many countries, yet none have passed a law banning from the Internet people who have committed copyright violations. Sarkozy offered a proposal that was enthusiastically supported by artists and big entertainment companies. Civil rights groups who campaigned against the proposed changes accused the president of bowing to powerful special interests and of "seriously infringing on the rights of the individual."

Last week, something in particular happened in France. Not only was the president's Creation and Internet Law defeated in a vote, but, according to Le Figaro, the National Assembly set a precedent when it voted down a piece of legislation proposed by the government.

The law was voted down in part because some lawmakers from the president's party were absent that day. Opposition deputies led by the Socialist Party burst into parliament during the vote after they, too, were not present initially. The rejection of the bill, which called for establishing a supreme governing body to wield authority in protecting artists' rights, stemmed mainly from opposition to the clause that allows the cutting off of Internet use to anyone found guilty of copyright infringement, even after being warned beforehand.

Nonetheless, other aspects of the bill were seen as problematic, among them the possibility that record companies could obtain lists of suspected "Internet pirates" in a bid to enforce the law.

The government, for its part, refused to bend. A government spokesperson called the scene in parliament "a sad comedy." The president condemned the law's defeat and reaffirmed his commitment to organizations representing artists. Another vote is expected in the National Assembly toward the end of the month. In the meantime, talks aimed at softening the methods used to fight Internet piracy are also expected.

The European Parliament long ago passed a law against the widespread practice of illegally downloading book excerpts from the Internet. If France adopts the Creation and Internet Law, which would include the drastic measure of cutting off Internet use to anyone caught violating copyright laws, the law's constitutionality could be called into question on appeal to the European Court of Human Rights. The court has the power to strike down laws passed by European Union member states.

Legal experts in France say the law is likely to serve as a litmus test in determining parliament's authority to use extreme methods that harm the rights of the individual. Sarkozy is leading a revolution in criminal law enforcement that includes doing away with the institution of the investigating judge, who had previously held the power to bring criminal charges against suspects. This revolution puts deep-rooted, traditional concepts to the test and provokes a public discussion.

The precedent set in the National Assembly's thwarting of Internet piracy legislation authored by the president can have consequences on other issues as well. France's presidential system of government is based on a delicate balance and modus vivendi among those who wield authority - the president, prime minister, National Assembly and Senate. This balance was upset recently.