Attempted Liberticide in France

I just wrote about the disturbing trend of Internet censorship in democracies around the world, and this story is a case in point. A bill supported by President Sarkozy that would have cut off Internet access to people was defeated, but may be resurrected next month. What crime must you commit to lose your Internet connection?

The measure would have created a government agency to track and punish those who pirate music and film on the Internet. Analysts said the law would have helped boost ever-shrinking profits in the entertainment industry, which has struggled with the advent of online file-sharing that lets people swap music files without paying.

So a department of Internet monitoring and censorship, empowered to cut of your Internet connectivity with the full force of the French government, would be established to help boost a flagging industry. How long before the censorship agency would be used for other sorts of control over Internet freedom?

Legislators and activists who opposed the legislation said it would represent a Big Brother intrusion on civil liberties -- they called it "liberticide" -- while the European Parliament last month adopted a nonbinding resolution that defines Internet access as an untouchable "fundamental freedom."

I am very sensitive to the rights of copyright holders, but let's remember that it is not a natural right, such as freedom of expression or even physical property rights. It is a man made right -- an artificial monopoly created by government fiat to provide a limited economic incentive for creators to produce.

In the US, you don't find copyright in the listed in the Declaration of Independence as an "unalienable right," such as "life, liberty, and the pursuit of happiness," but rather its justification is found in Article 1 of the US Constitution that "The Congress shall have Power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

Your copyright comes at a cost of my freedom, and so it is a right that should only be very carefully applied when there is a compelling societal interest, and in a limited fashion. I'm not against punishing lawbreakers, but this bill is beyond the pail.


UPDATE: NYT covers this story.