The new anti-piracy law is voted: the Arcom will replace the Hadopi

Parliament has definitively approved a new law against pirating works on the Internet. It is preparing the replacement of the Hadopi by a new authority, the more powerful Arcom. Streaming, sports piracy and mirror sites are its new priorities.

49 votes in favor, 4 against and no abstentions. The parliament has adopted definitively, Wednesday, September 29, 2021, the bill relating to the regulation and protection of access to cultural works in the digital age, after a review by the National Assembly and the Senate – followed by a mixed commission parity to lead to a common text between the two chambers.

Behind an obscure name hides a text that reorganizes the fight against piracy on the Internet. Among the projects that are open is the installation of a new entity, the regulatory authority for digital audiovisual communication (Arcom), the result of the merger between the Superior Audiovisual Council (CSA) and the High Authority for dissemination of works and protection of rights on the Internet (Hadopi).

Piracy is always looting: looting of a work and looting of the rights of creators. We are creating the tools to put an end to these practices. We will continue this fight “, welcomed Aurore Bergé, deputy and rapporteur for the text. As early as 2018, the person concerned looked into these issues, submitting a report proposing avenues for the future of Hadopi and the fight against pirating of cultural works.

New targets against piracy

This overhaul of the anti-piracy fight retains its graduated response mechanism, which consists of gradually warning Internet users that their IP address has been seen retrieving a pirated cultural work. Through this device, the law seeks to force the owner of the Internet line to take measures to prevent it from being used for these purposes, in the event that the Internet user claims to have done nothing.

While the Hadopi was limited to exchanges occurring on peer-to-peer (P2P) networks, such as BitTorrent or eMule, Arcom must be able to deploy against illicit streaming sites and disputed Internet television (IPTV) offers. . In other words, the legislator wishes to adjust the arsenal to take into account the evolution of uses: Internet users have in fact abandoned P2P for streaming or direct download (DDL).

Against these new practices, which have flourished over the past ten years, it is planned to use blacklists addressed to Internet service providers (ISPs), so that they block criminal sites, and search engines. so that they dereference them. At the same time, a system to fight against mirror sites is planned, to counter, or at least limit, the efforts made to circumvent these measures.

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Internet users have changed their practices. Now it is the turn of the law to change. // Source: Kevin Spencer

The text comes in a context where, however, the legal offer has developed considerably over the past ten years. You just have to see the extent of the offer in terms of video games, SVOD or music. But paradoxically, the multiplication, especially in SVOD, of platforms could end up relaunching piracy, with Internet users refusing to subscribe to ten services at the same time.

Beyond cultural works, the piracy of sports competitions is also an axis on which the new regulation intends to be deployed. And with speed: the objective is to be able to block, dereference or remove flows immediately or almost. Unlike a movie or a series, once the match is broadcast, it hardly offers any more interest. This subject has also been the subject of another piece of legislation.

For Internet users who engage in piracy, the cracks are tightening a little more. But will they be thin enough to catch them all? It remains to be seen: Hadopi has been able to push Internet users to abandon P2P in favor of DDL or streaming. The Arcom could well lead to messy DNS changes, to increase the use of VPNs and to change search engine.

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