The first reactions to the decision of the censorship of the offense of consultation-as-usual sites, terrorists are going to applause, side Quadrature du Net and the Union of the judiciary, the quest for a “plan B” for the senator Philippe Bas.
The censorship of this provision on the altar of the Declaration of the rights of Man elicits mixed reactions. For the Union of the Judiciary, no doubt, ” behind this offense, it is at once a method, and legislative and philosophy criminal who must be condemned “.
crimes evanescent
The union slaps first is the practice of submitting texts safe and above all counter-terrorism ” emergency procedures stifling any possibility of democratic debate, distancing and assessment “. The tragedy of this race at the time, which has limited the number of shuttles between the national Assembly and the Senate, reached its climax to the extent that the control of a priori of the constitutional Council has systematically been rejected.
Another criticism : the deployment of an arsenal of anti-terrorism preventive in our criminal law, which tends to rely on elements essentially material, here the consultation usual sites that have been considered terrorists. “More than just facts, the criminal justice is ordered to judge a potential danger, without demand or terrorist intent, or attempted commission of a crime or an offense, or even preparatory acts of a project terrorist. Easily made, these crimes are no less evanescent “.
protect Themselves from terrorism, without forgetting the fundamental principles
La Quadrature du Net welcomes with relief the censorship, claimed for a long time. This decision is “further evidence of the danger of anti-terrorist legislation minimizing the interference with the fundamental rights in the name of security “according to the organization for that” the protection of society against terrorism may not, in any way, be detrimental to the fundamental principles of the law “.
While remembering that many texts have ” attacked ” the fundamental rights, it welcomes the nine Sages who were recalled, ” in its attachment to the freedom of use of the Internet to find information “.
in The Senate, a new text in preparation
Among the supporters of this offense, borne initially by The Republicans, the time is not really contrition. In the columns of Public Senate, Philippe Bas, president of the law Commission warns that it will file in a few days a bill to restore to this crime deemed to be ” essential “. “We will take into account the decision of the constitutional Council, in particular on the exemption of good faith. We will better characterize this offense to comply with the decision of the Constitutional Council “.
Marc Rees
Journalist, editor-in-chief Right, LCEN, private copying, terrorism, personal data, surveillance, privacy, and all these things…
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