All major ISPs (Wanadoo, Free, AOL, Tiscali, ...) for home users in France do not block P2P (legally they can't do it, because it would require inspecting private traffic).
This will not be the case for ISPs that offer Enterprise services that will include traffic shapers. But they don't do it without an explicit subscription agreement with the organization, and the organization MUST inform its employees that the Internet access is monitored (the same is true for surveillance cameras installed in work places or in shops, and even at home: the surveillance must be announced). Same thing for cameras in streets: they are illegal unless they have been publicly announced.
Same thing for automatic speed control on roads: they are announced, and their location is known and published (This restriction does not apply to speed controls operated by trusted agents of the national police and gendarmerie, but these controls must still be visible).
The rule is that if you don't know you are monitored, any monitoring becomes illegal, and its result is unusable face to a court, unless this control is done by trusted agents with judiciary injunctions (there are more freedom for anti-terrorist control, for national security, which may allow law enforcement agents to monitor P2P traffic, they can't do anything about private rights like copyrights and author rights, but they can act for tax-related crimes, like illegal sales and imports of tobacco and drugs on the Internet: the "douane" can monitor networks and colect proofs for such illegal sales and traffic).
Also child protection against sex abuses is severely controled and all French ISPs collaborate to finance a common non-profit monitoring service to fight against such abuses, collect proofs and initiate law actions. For this reason, P2P networks are monitored |