01.11.2009 Amendment 138 against 'three strikes'

01.11.2009: Amendment 138 against "three strikes"... and the Council of the EU

Der Kampf um die Netzneutralität geht weiter.

La Quadrature du Net sent this proposal to the Parliament last week.

It takes into account the good-faith concerns expressed against the original version of amendement 138 (see our memo), which was voted twice by 88% of the European Parliament. Located in article 8.4.h of the Framework directive, it gives National Regulatory Authorities shall promote the interests of the citizens of the European Union by:

"applying the principle that restrictions to the access and usage of electronic communications services, in that they prevent the practical exercice of freedom of expression and communication and in order to ensure the proportionality of any such restriction, may only be imposed subsequentely to a decision by the judicial authorities1, in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms."

More http://www.laquadrature.net/en/indisputable-wording-of-amendment-138

The history
An amendment has been pushed by citizens and signed by a wide coalition of Members of the European Parliament including Guy Bono (PSE, FR), Daniel Cohn-Bendit (Greens, DE), and Zuzana Roithova (EPP, CZ), numbered at that time "amendment 138", was put to vote. It guaranteed a protection for EU citizens against arbitrary and disproportionate restrictions of their Internet access, by requiring the Member States' network regulatory authorities to "applying the principle that no restriction may be imposed on the fundamental rights and freedoms of end-users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened where the ruling may be subsequent.".

On September 24th first reading plenary, amendment 138 was adopted by 88% of the European Parliament, including rapporteur Catherine Trautmann, convinced by a last minute modification in the wording, who eventually invited her political group to vote it as well.

More http://www.laquadrature.net/en/net-freedoms-in-europe-recapitulating-the-capitulation