Surveillance and Regulating Code: An Analysis of Graduated Response in France

Abstract

This paper analyzes a recent policy initiative in France to deter copyright infringement. In 2009, France passed two laws aimed at fighting online piracy through graduated response, a warning and sanction system. Graduated response depends on surveillance of internet uses and encourages technological regulation (code), such as internet filtering and blocking. We analyze the rationales advocated for copyright and the internet and the argumentation for surveillance and technical protection measures. In the French debate on graduated response, much attention was given to the policy goal – reducing piracy, while the means of reaching the policy goal – surveillance and code, were rarely discussed. Graduated response deals with much more than copyright. It promotes informational control by copyright holders and contributes to the normalization of surveillance and to an increase of centralized control on the internet.