6a2694f3_nt_138____La_Quadrature_du_Net__Wording_of_the_text
[Denomination] Conciliation rewording by Parliament, October 20th 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. - Violates the ECHR given that the reach of the exceptions is substantially wider than what is allowed by the Convention - 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] 
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 such measures liable to restrict those fundamental rights or freedoms may only be taken in exceptional circumstances and imposed if they are necessary, appopriate and proportionate 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. In particular, any measures may only be adopted as a result of a prior, fair and impartial procedure ensuring inter alia that the principle of presumption of innocence and the right to be heard of the person or persons concerned be fully respected. Furthermore, the right to an effective and timely judicial review shall be guaranteed. This shall not affect the competence of a Member State, in conformity with its own constitutional order and with fundamental rights, to establish 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