The Constitutional Council censored, Thursday, March 10, thirteen provisions of the Internal Security Act (Loppsi 2) voted Feb. 8 to the Government's initiative to strengthen law enforcement's arsenal against crime and criminality. Among the main passages Retoque text, which has 142 provisions is the possibility of extending the minimum sentences for minors, so far reserved only for repeat offenders, a regulation that was "contrary to constitutional requirements of juvenile criminal justice" depending on the institution.
Section 4 of the text, which establishes a system for blocking sites that disseminate child pornographic content, for its part said "consistent with the Constitution." The statute envisages the intervention of an administrative authority - not a judge - to block these sites. In their decision, the Sages argue "the decision of the administrative authority may be challenged at any time by any interested person before the court, if interim relief".
As part of this article Loppsi, providers of Internet access will be notified to block sites by order of the Minister of Interior, and a decree will establish the "modalities of application", notably to include to additional costs for setting up the device. On this point, the Constitutional Council considers that "in providing that additional costs resulting from obligations imposed on the operators would charge, if any, offset, [the legislature] did not infringe the constitutional requirement of good use of public money.
" DOUBTS ABOUT THE EFFECTIVENESS OF THE DEVICE But the locking device in accordance with Article 4 of the Loppsi 2 is still criticized by several associations, including the group La Quadrature du Net. "The decision on Article 4 is a great disappointment. It is clear that Internet censorship will not solve anything at child pornography, as evidenced by the experiences abroad," explains Zimmermann, carriers Squaring word.
As part of an enterprise "web security", Australia, for example, established in January 2009, a blacklist of addresses to send accused of child pornographic content, but also to incentives to terrorism or apology to the drug. "Filtering the Net Administrative seems contrary to the European Convention on Human Rights, and we can expect an action in this direction," says Felix Tréguer, legal affairs and institutional Quadrature.
During debates in the Assembly, several members have also questioned the filtering section 4. MP PS Paris Patrick Bloche has explained that "if they are pushed to use encryption and anonymity, the child pornography sites will be much less detectable. "In the case of an illegal gaming site, a simple filtering by domain name is enough to make him lose 95% of the clientele, which is the goal.
It is not the same for a site Soil pornographic: it will use very cumbersome methods, such as filtering by URL or DNS, and collateral damage can be significant ", for its part, argues Lionel Tardy, UMP deputy from Haute-Savoie. 
Section 4 of the text, which establishes a system for blocking sites that disseminate child pornographic content, for its part said "consistent with the Constitution." The statute envisages the intervention of an administrative authority - not a judge - to block these sites. In their decision, the Sages argue "the decision of the administrative authority may be challenged at any time by any interested person before the court, if interim relief".
As part of this article Loppsi, providers of Internet access will be notified to block sites by order of the Minister of Interior, and a decree will establish the "modalities of application", notably to include to additional costs for setting up the device. On this point, the Constitutional Council considers that "in providing that additional costs resulting from obligations imposed on the operators would charge, if any, offset, [the legislature] did not infringe the constitutional requirement of good use of public money.
" DOUBTS ABOUT THE EFFECTIVENESS OF THE DEVICE But the locking device in accordance with Article 4 of the Loppsi 2 is still criticized by several associations, including the group La Quadrature du Net. "The decision on Article 4 is a great disappointment. It is clear that Internet censorship will not solve anything at child pornography, as evidenced by the experiences abroad," explains Zimmermann, carriers Squaring word.
As part of an enterprise "web security", Australia, for example, established in January 2009, a blacklist of addresses to send accused of child pornographic content, but also to incentives to terrorism or apology to the drug. "Filtering the Net Administrative seems contrary to the European Convention on Human Rights, and we can expect an action in this direction," says Felix Tréguer, legal affairs and institutional Quadrature.
During debates in the Assembly, several members have also questioned the filtering section 4. MP PS Paris Patrick Bloche has explained that "if they are pushed to use encryption and anonymity, the child pornography sites will be much less detectable. "In the case of an illegal gaming site, a simple filtering by domain name is enough to make him lose 95% of the clientele, which is the goal.
It is not the same for a site Soil pornographic: it will use very cumbersome methods, such as filtering by URL or DNS, and collateral damage can be significant ", for its part, argues Lionel Tardy, UMP deputy from Haute-Savoie.
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