We already have (maybe) a concrete case: https://www.econologie.com/forums/post205952.html#205952
Info revealed by Gaston here: https://www.econologie.com/forums/post205942.html#205942
The term "FranChine" was made by analogy with Francafrique: http://fr.wikipedia.org/wiki/Fran%C3%A7afrique (most of you will understand I think ...)
Shields raised against a government project to filter the internet
A draft government decree authorizing the authorities to filter or even block websites without going through justice raises an outcry in the French digital community which fears a drift towards arbitrariness and censorship.
The controversial text, which comes from the Ministry of Digital Economy, should allow the application of article 18 of the Law on Confidence in the digital economy (LCEN), passed in 2004.
It provides that the administrative authorities can on their own initiative give notice to the publisher of a site, the host or, where applicable, the internet access providers, to cease any "activity" which in their view poses a "risk. serious and serious breach of public order ".
Seized of this project on June 12, the National Digital Council (CNN) set up last month by the Elysee Palace published a negative opinion on Monday saying that "any blocking measure can only take place at the end of a debate adversarial under the discretion and prior control of the judge ".
"The public authority can not be able to obtain the blocking of a content diffused on Internet only by judicial way", asserts it.
"The Minister of the Digital Economy, Eric Besson, decided to refer the matter to CNN on this text, being perfectly aware of the difficulties posed", replied his services, referring to a simple "working document" submitted for opinion to the Council, which will be received Wednesday at Bercy.
"Several requests from CNN already seem to be able to be taken into account," it was added.
The National Digital Council received the support of UMP deputy Laure de la Raudière, author with her counterpart PS Corinne Erhel of a report submitted in April on the neutrality of the internet and networks which recommended "to strictly supervise Internet blocking obligations "and above all to provide for" the systematic intervention of the judge "before any blocking.
"I am against any measure that puts in place filtering or blocking obligations on the Internet without going through a judge," Ms. de La Raudière told AFP.
The secretary general of the Association of Community Internet Services (ASIC), Benoit Tabaka, reminds him that "there must be a preliminary appeal to the judge and that filtering is really only the ultimate solution, it is what we said when the LOPPSI law was voted ".
Guillaume Buffet, co-president of Digital Renaissance, a center for studies on the net-economy, denounces for his part in this draft decree "one more element to point the finger at the internet and its ecosystem as responsible for all evils of the earth, without any objective data ".
"In France, justice issues are the responsibility of the judge and there is a principle of separation of powers. Why should it be different for the Internet?", He wonders
CNN is also concerned that the draft government decree is "intended to offer administrative authorities powers of injunction against any + electronic commerce activity", which according to the definition of the LCEN, concerns all internet players.
For the spokesperson for the association La Quadrature du Net, Jérémie Zimmermann, the text "aims to give the government a power of censorship over all sites and contents of the Net which would be totally disproportionate.
It must "at all costs be rejected", he said, denouncing "an extremely worrying drift, in line with the government's security policies on the Internet".
Source: http://actu.orange.fr/high-tech/levee-d ... 49696.html
