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.

The following is an excellent explanation of Net Neutrality and why it is important from savetheinternet.com.

Support Net Neutrality!

What is this about?
When we log onto the Internet, we take a lot for granted. We assume we’ll be able to access any Web site we want, whenever we want, at the fastest speed, whether it’s a corporate or mom-and-pop site. We assume that we can use any service we like watching online video, listening to podcasts, sending instant messages anytime we choose. What makes all these assumptions possible is Network Neutrality.

What is Network Neutrality?
Network Neutrality or “Net Neutrality” for short is the guiding principle that preserves the free and open Internet.

Put simply, Net Neutrality means no discrimination. Net Neutrality prevents Internet providers from speeding up or slowing down Web content based on its source, ownership or destination.

Net Neutrality is the reason why the Internet has driven economic innovation, democratic participation, and free speech online. It protects the consumer’s right to use any equipment, content, application or service on a non-discriminatory basis without interference from the network provider. With Net Neutrality, the network’s only job is to move data not choose which data to privilege with higher quality service.

Who wants to get rid of Net Neutrality?
The nation’s largest telephone and cable companies including AT&T, Verizon, Comcast and Time Warner want to be Internet gatekeepers, deciding which Web sites go fast or slow and which won’t load at all.

They want to tax content providers to guarantee speedy delivery of their data. They want to discriminate in favor of their own search engines, Internet phone services, and streaming video while slowing down or blocking their competitors.

These companies have a new vision for the Internet. Instead of an even playing field, they want to reserve express lanes for their own content and services or those from big corporations that can afford the steep tolls and leave the rest of us on a winding dirt road.

The big phone and cable companies are spending hundreds of millions of dollars lobbying Congress and the Federal Communications Commission to gut Net Neutrality, putting the future of the Internet at risk.

The End of the Internet?
Make no mistake: The freewheeling Internet as we know it could very well become history.

What does that mean? It means we could be heading toward a pay-per-view Internet where Web sites have fees. It means we may have to pay a network tax to run voice-over-the-Internet phones, use an advanced search engine, or chat via Instant Messenger. The next generation of magical new inventions will be shut out of the top-tier service level. Meanwhile the network owners will rake in even greater profits.

Read more about Net Neutrality at the any of the following websites:

savetheinternet.com | openinternetcoalition.com | eff.org