There is no doubt that the new Hadopi law is a violation of the citizen rights. A group of people has been given the right to track the users activity and its content. Despite all these explanation there is no other way to describe this law. But it doesn’t mean we cannot do anything to maintain our privacy and legally.
The new Hadopi law is practically a violation of our privacy, because a group of people representing the government has been given the right to see what we are doing online. Effectively there is no other way someone can make a different between a pirate and an ordinary citizen.
File sharing uses the same ports as skype for example, both are peer to peer. and If you are conducting a video conversation the data transfer you produce is big enough to be considered downloading mass of illegal files. So in order to distinguish between the two types of users there is a need to actually know what is the data you are transferring and this is where they violate our privacy. Every mp3 song is in the size of a small software, how can anyone tell if you downloaded a song or a software ?
During the time this HADOPI was in a debut all over France, we never heard the HOW (will it be done) only the WHY (of course to support the multi million companies). But this HOW is very important, and even the constitutional court didn’t ask this question, obviously lack of knowledge and or technical advisory. If they would have asked "how" this law would never had the chance to pass.
So the government has the right to follow the citizen online, knowing how complex is this mission, i am sure that either this HADOPI is just an empty threat or completely against the constitution. What can we do to maintain our privacy ? The "Tor Project" is one solution. This is a project that was designed to mask our presence online and to allow us to change identity often.
The software is available at the project site ( http://www.torproject.org/ ) and its completely legal, and provide the user a proxy and identity via a network of users.