The District attorney's office criticizes frontalmente the Law of Sustainable Economy

Today, an office of the agency Efe has reported that the Fiscal Advice thinks that from a definitely juridical and constitutional optics it is "doubtful" that the protection of the intellectual property could be compared to the rest of protected juridical goods and to be treated like a fundamental right. If the considerations of the advice - organ not suspicious at all of antigubernamentalismo - prosper and are born in mind, the texts of the Law of Services of the Information society (LSSI) and of the Law of Sustainable Economy (THEY) should be reformed of substantial form. The report of the advice criticizes without detours that there has placed the safe-conduct of a right of property at the same level as the public order, the penal investigation, the public safety, the national defense, the public health, the dignity of the person or the protection of the youth and of the infancy. The authors of the report support the rational thesis of which the intellectual property is treated like what it is: a right of property, like a fundamental right. An organism with extraordinary powers Moreover, the public department warns that it allows THEM to the called Commission of Intellectual property (CPI, organ of new creation) to demand from the "lenders of services of the information society" the information delivery to identify the persons in charge of supposed infractions of the rights of intellectual property. The report does not raise objections to which a public organ needs the identity of the natural or juridical person (company or entity) that appears as starter of a web page, for example, but she underlines that when it should be necessary to obtain more information legally correctly it is to obtain the judicial previous authorization. Said otherwise, THEY - as well as all the applicable laws - it should be modified so that it does not infringe on fundamental rights and artillar a judicial procedure that allows to value "the proportionality of the measurement of interfering" as regards the interests that tries to be protected (that of the property, which is not a fundamental right). The district attorney's office also criticizes the regulation and competitions that grant themselves the CPI, on having pointed out that he is provided of "an enormous potential of invasive incidence in the sphere of fundamental rights". The political geography limits the effectiveness and the equity of the law Finally, it is necessary to emphasize that the report affects in an aspect more than onlooker: he foresees THEM that the courts of the Contentious of the National Hearing can - at the proposal of the CPI - close web pages or binnacles, or arrange the contents retreat, but this measurement remains limited to the cases in which the lender of the service is established in Spain, in the State member of the European Union or of the European Economic zone. The saying, curious...