In a court case involving the establishment of a ruling council and set of stringent copyright rules that included a possible penalty of Internet disconnection, a French court has ruled that Internet access is a ‘Basic Human Right’. This ruling stands as a landmark decision in the support and defense of Net Neutrality.  We congratulate the French for their foresight into the information needs of humanity in the twenty-first century.

“The law was supported by the industry and many artists. They saw it as a model for the USA and Europe in the fight to keep earning a living from their music and film. Net libertarians saw it as the creation of a sinister Big Brother. Many called it technically unworkable. Some artists saw it as hostile to the young consumers who are their main customers.

The Socialist opposition appealed to the council on the grounds that the constitution was breached by the creation of an extra-judicial agency with powers to punish internet offenders.

The council, which includes two former presidents and is usually seen as elderly and out-of-touch, gave the Left more than it was hoping for.

Les sages – the wise men – as the council is known, took the teeth out of the law. They ruled that “free access to public communication services online” is a right laid down in the Declaration of Human Rights, which is in the preamble to the French constitution. It also said the law breached privacy by enabling the HADOPI agency to track people’s internet activity.

It agreed that the law reached the separation of powers because if gave an administrative authority power to impose justice. And to boot, it violated the presumption of innocence because alleged pirates would be cut off without being able to defend themselves, the council said.” Top French court rips heart out of Sarkozy internet law [London Times Online].

[Click to read Top French court rips heart out of Sarkozy internet law at timesonline.co.uk]

In the shadow of the Olympics and the 7th anniversary of 9-11, the US National Security Agency and Communist China are jointly proposing a new set of technical standards that threaten to end net neutrality once and for all.  According to a report, the UN’s International Telecommunication Union will be meeting in closed door sessions to discuss adopting the IP Traceback drafting group, named Q6/17.  If adopted, these measures would remove all anonymity from the web and they appear designed to allow a government to control the Internet-based free speech of their populations.” U.N. agency eyes curbs on Internet anonymity, cnet news

“Critics point out the newfound powers that would strip users of their anonymous identities could be misused, and in many cases violate an individual’s human rights that are protected by law particularly in the United States and internationally by the Council of Europe.

A document submitted by China and obtained by CNET News proposes to log essential information about the originator to ensure traceability. Another reportedly leaked document would give government reign over free speech, allowing it to quash their opposition and violating the UN‘s Universal Declaration of Human Rights, though at least one member of Q6/17 does not recognize the political document as being part of any Q6/17 meetings.” Internet anonymity endangered by UN agency project, macnn/electronista

In lieu of these and other recent disturbing trends, one can’t help but fear that our trade with China is indeed more two-way than the financials portend.  The Chinese seem to be getting our technology, manufacturing, jobs and know-how and in turn, our NSA and assorted security agencies are embracing the more effective tactics of a totalitarian régime.  China has a true bounty to offer in its wisdom, rich heritage and people.  It is sad that while trading our best we choose to take their worst.