agreement on amendment 138.

Members of the "conciliation committee," between the Parliament and the Council reached an agreement on the last outstanding bone of centantion in the draft regulatory framework, namely amendment 138 on the need to have judicial authorization for cutting off consumer's internet access. The all issue is very much linked to the adotpion of the hadopi law in France which allowed to cut off the internet access without ex ante judicial review. The UK is also expected to adopt similar legislation.

The wording of the compromise is not available but it seems to be referring to the need of fair and impartial ex ante procedure (without referring expressly to the judicial courts, thus suggesting an administrative court would be sufficient), the presumption of innocence and the right to be heard. Under those principles, the Hadopi II law risks to be held unlawful, since there is no audition foreseen.

The compromise reached is still subject to final approval by the parliament in plenary and by the Council. The plenary vote is scheduled for 23-26 November and the council's meeting on 26 October.