6a2694f3_nt_138____La_Quadrature_du_Net__Wording_of_the_text
[Denomination] Revised proposition by the Council, October 28th 2009 [Quick analysis and references] - Only includes "measure taken by Member States". Hence, the wording does not protect against anti-Net neutrality restrictions of people's access to the Internet that could be imposed by ISPs - No mention of a "prior decision" by a competent judge before measures are implemented - Would grant administrative authorities with dangerous policing powers over the Internet - No mention of people's rights regarding the access and use of content (only services and applications) - ALLOWS FOR "THREE STRIKES" POLICIES IN EU and other anti-Net neutrality practices [Wording of the text] 
Text to be inserted in Article 1: "3a. Measures taken by Member States regarding end-users' access to or use of services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law. Any of the above measures liable to restrict those fundamental rights or freedoms may therefore only be imposed if they are appropriate, proportionate and necessary within a democratic society, and shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with general principles of Community law, including effective judicial protection and due process. Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and shall respect the requirements of a fair and impartial procedure including the right to be heard of the person of persons concerned and the right to an effective and timely judicial review. This shall not affect the competence of a Member State, in conformity with its own constitutional order and with fundamental rights, to establish, inter alia, a requirement of a judicial decision authorising the measures to be taken."
An evolution of "amendment 138" | La Quadrature du Net
Wording of the text