6a2694f3_nt_138____La_Quadrature_du_Net__Wording_of_the_text
[Denomination] Conciliation rewording by Commission, Oct 8th(?) 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 - Violates the ECHR given that the reach of the exceptions is substantially wider than what is allowed by the Convention - Would grant administrative authorities with dangerous policing powers over the Internet - No mention of people's rights regarding the access and use of content on the Internet (only services and applications) - ALLOWS FOR "THREE STRIKES" POLICIES IN EU and other anti-Net neutrality practices [Wording of the text] 
Article 1.3.a of the Framework directive. Measures taken by Member States regarding end-users' access to or use of services and applications through electronic communication networks shall respect the fundamental rights and freedoms of natural persons, including in relation to privacy, freedom of expression and access to information and due process and the right to effective judicial protection in compliance with the general principles of Community law. Any such measures shall in particular respect the principle of a fair and impartial procedure, including the right to be heard. This paragraph is without prejudice to the competence of a Member State to determine in line with its own constitutional order and with fundamental rights appropriate procedural safeguards assuring due process. This may include requirements of a judicial decision authorising the measures to be taken and may take account of the need to adopt urgent measures in order to assure national security, defence, public security, and the prevention, investigation, detection, and prosecution of criminal offences.
An evolution of "amendment 138" | La Quadrature du Net
Wording of the text