The French authorities are seriously considering Internet censorship as the next stage in the fight against terrorism. Soon after the attack at the editors office Charlie Hebdo, French Interior Ministry circulated a draft resolution that would allow the agency to require ISPs to block criminal sites at the domain level. These were the first real steps after attacks in Europe to restrict civil liberties for the sake of counterterrorism.
The document in question, is intended to protect Internet users from sites that contain «justification of terrorism and motives to him,» and also with «pornographic images of children.» The purpose of the bill is to create a procedure for the prohibition of such websites that violate the French criminal code.
The bill shall come into force upon signature and publication in the Official Gazette, however, the draft document is already available in the database of the European Commission. In fact, according to the Directive of 1998, all new technical regulations of the member States before the entry into force must pass the test of EU authorities for compliance with European laws. The draft law was sent to Brussels on 8 January, he was ready within a day after the terrorist attacks.
The document will be published on behalf of the Prime Minister Manuel Valls on the basis of the report of the Minister of internal Affairs of Bernina Cazenave, whose office prepared the bill. Responsible state is the Office for combating crime in the sphere of information and communication technologies at the General Directorate of police — the French equivalent of Roskomnadzor.
The office will be obliged to draw up a list of sites with content that violates these two articles of the criminal code. Lists, which then must be sent to the ISP contain either a domain name (DNS) or host name, which is characterized by the name server and domain.
After that day providers are required to block access to specified in the list of addresses. Any way to change the list itself is only entitled them including the police. A domain address can be removed from it under two conditions: either if this website will cease to exist, or if all of its content will no longer be illegal.
In addition, Internet service providers are entitled to financial compensation: the state is obliged to compensate the additional expenses «out of pocket» to work by blocking websites. The effect of the decree will apply to all controlled by the Paris area, including French Polynesia and New Caledonia.
Production, transmission and distribution of child pornography falls under article 227-23 French penal code and is punishable by three years imprisonment and a fine in the amount of €45 thousand If the propagation occurs over a communications network to a wider ‘audience’, the sentence becomes tougher to five years in prison and a €75 thousand fine. As part of an organized group of criminals a fine of up to €500 thousand, and imprisonment up to 10 years.
The management or organization of a group of people, which aims terrorist attacks, the article 421-5-2 is a criminal offence with a penalty of imprisonment for a period of 20 years and a fine of €500 thousand.
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