Will not be vaporized by constitutional council actually
Constitutional council members are 9 appointed members, 3 appointed by the president
of Chamber of Deputies, 3 appointed by the president of the Senate, 3 chosen
by the president plus the 2 former presidents Giscard and Chirac. There might be 3 members
of the constitutional council appointed by a leftist president of the Chamber of deputies
between 2000 and 2002, but the rest belongs to the majority, so there is no risk to the bulk
of the law. There is of course the possibility that the Johnny Hallyday clause will be removed
by the constitutional council as it violates both the right to property (enshrined in the Declaration
des Droits de l'Homme of 1789) and the equal protection under the law of a famous tax-dodger
who has at least one fan in the CC. The clause that prevents ISPs from charging people for
their Internet connection if they have been cut from the Net, or that prevents them from cutting
the phone line in the case of triple play subscription is likely to be also removed, either by
in conference or by the CC as it creates a financial loss to the ISP as a result of the actions
of a third-party for which they are not responsible. The most interesting bit of the law, which is
of course that if the internet connection of one person is used for downloading copyrighted
material, it is this person who will be disconnected from the Net as Internet users are now
responsible for securing their connection will of course stand. The nice bit will be the
Décret en Conseil d'Etat (decree by the Council of State, i.e. by the highest administrative court)
that will declare what are the approved methods to secure an Internet connection.
It will be interestind to see whether the Council of State can realize that WEP is insecure,
and if so whether it will dare to force Orange to adopt WPA. Of course, in any case, Wi-Fi
hackers will be secure...
Biting the hand that feeds IT
