Technical measures in the context of the Hadopi Law (France) EC Stakeholders’ meeting Brussels, 2 June 2010

Technical measures (France) The new legal environment (1) The Hadopi authority has been given a mission of regulation and surveillance of technical measures relating to the protection of copyright and neighbouring rights. The Hadopi can propose any legislative or regulatory measures in relation to this mission (article 331-13 of the IP code) The Hadopi authority must evaluate the experiments made regarding identification of content and filtering technologies (article 331-23 of the IP code)

Technical measures (France) The new legal environment (2) The Hadopi authority must establish the specifications of technical measures that should prevent the illicit use of an access to the Internet (article 331-32 of the IP code) The Hadopi authority must establish a list of the available technical measures made to prevent the illicit use of an access to the Internet (article 331-32 of the IP code) The ISPs must inform their new customers and their existing customers (when renewing their subscription) of the existence of technical measures made to prevent the illicit use of their access to the Internet (article 331-35 of the IP code)

Technical measures (France) The new legal environment (3) The judge can, at the request of right holders or organisations representing them, order, including using the special urgency procedure (référé), any measure that can prevent or put an end to a copyright infringement, to any person that can contribute to remedy it (article 336-2 of the IP code) During the debate at the parliament, it was made clear that this article enabled to request from an ISP, a host or any other technical intermediary, to implement filtering technologies

Technical measures (France) The Elysée agreement of 23 November 2007 In this agreement, all the major French ISPs agreed, within 24 months, to cooperate with right holders on possible ways to experiment available network filtering technologies and to deploy them if the results of the experiments were convincing and the general deployment of these technologies was technically and financially realistic In order to prepare these experiments, the French right holders have prepared several tests of filtering technologies

Technical measures (France) The tests of filtering technologies made by the French right holders (1) 2 series of tests were made: Technologies filtering P2P protocols were tested in 2007 The Vedicis technology for filtering content was tested in 2009 All tests were made by EANTC, a german tests laboratory located in Berlin

Technical measures (France) The tests of filtering technologies made by the French right holders (2) 2 technologies were validated for the filtering of P2P protocols (Ellacoya E30, Ipoque PRX-5g): Above 90% of the P2P traffic detected (both encrypted and non-encrypted) No significant impact on the network performance (throughput of 973 Mb/s and 952 Mb/s to be compared to a maximum throughput of 1000 Mb/s for the network)

Technical measures (France) The tests of filtering technologies made by the French right holders (3) The Vedicis technology (VP10G) was validated for the filtering of content on P2P protocols: No impact on the network performance (no impact on throughput) 99.91% of p2p traffic detected 99,98% of illegal content blocked No impact on “legal” content

Technical measures (France) Filtering technologies: next steps for the French Music industry Support tests of the Vedicis technology (next presentation) on actual networks Evaluation of the technology by the Hadopi authority Implementation on a voluntary basis by ISPs for voluntary customers (as a technical measure preventing the illicit use of their Internet access)