The examining magistrate's control would be a positive thing as the examining magistrates are independent from the Ministry of Justice and are free to take decisions, in terms of the gravity of the investigation. However, if the justice reform project of the French Government comes into being, the examining magistrates will disappear which means that the responsibility to authorize spyware will come to the prosecutor of the Republic.
The law also obliges ISPs to block access, "without delay", to sites included on a list drafted under the authority of the Ministry of Internal Affairs. The list will not be made public and therefore it will be impossible to contest and this will create the risk of abuses.
In order to prevent contestations, for the beginning, the law will target the paedophilic contents with the declared purpose to "protect the Internet users from child pornography images". The operators will have to introduce in their network software that will stop any connection to sites having a pedophile character that will be listed by the police. The French Government will always be able to extend the target by a simple decree.
The text also stipulates severe sanctions for the ISPs that do not observe the law providing a fine up to 75 000 euro and a year of imprisonment.
