Thread by @edri

1/8 Yesterday, @edri member @laquadrature pled at the @EUCourtPress against the French system that puts the internet under #MassSurveillance to fight against the sharing of copyrighted content. The #CJUEHadopi case is important for several #DigitalRights debates at the EU level.

2/8 #HADOPI was created in 2009 to sanction users suspected of sharing protected content without authorisation. It collects IP addresses shared by rightsholders & requests civil identity data (name, postal & email addresses) from telecom operators to identify & contact suspects.

3/8 @laquadrature’s goal is to challenge access by #HADOPI to this sensitive information, as only serious crimes could justify such access according to @EUCourtPress. Yet, downloading a movie is not a serious crime.

https://twitter.com/laquadrature/status/1544202985240141824

4/8 The Court's decision could impact the future of the #eEvidence Regulation. The legislation could allow an investigative authority to order a foreign service provider to disclose IP addresses without the need to have such access to fight serious crimes.
edri.org/tag/e-evidence/

5/8 The Parliament & the Council justify this lack of safeguard by arguing that IP addresses “constitute a crucial starting point for criminal investigations” to identify unknown suspects.

6/8 In the upcoming #HADOPI judgment, it will be crucial to see if the CJEU maintains or not its requirement that, for serious interference with the right to privacy and data protection, the offence must be serious too.

7/8 #HADOPI system can only function if IP addresses are retained by telecom providers.

As France continues to ignore the CJEU case law by maintaining a general & indiscriminate #DataRetention obligation, #HADOPI currently relies on a surveillance regime contrary to EU law.❌⚖️

8/8 📢 Follow @laquadrature to learn more about #CJUEHadopi and @edri for updates on EU surveillance legislation.