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British file-sharers could yet be disconnected
25 Aug 2009 | 13.06 Europe/London
The Government's outlined new proposals that include cutting the Internet connections of persistent file-sharers of movies and music, bulldozing through the framework it had laid down in its own Digital Britain report. As recently as June, disconnecting people had been seen as going too far and was ruled out. Now, with the apparent personal involvement of Lord Mandelson, the .gov wants to be seen to get tough on illegal file-swappers.
Also amongst the proposals, which come during the consultation phase of implementing Digital Britain, are measures that could see ministers grabbing powers to target illegal file-sharers from regulator Ofcom - which would in turn be given greater powers to tackle the file-sharing itself. It is the so-called "hard-core copyright pirates" that could ultimately see their Internet accounts suspended; in line with the supposedly finalised Digital Britain blueprint, they would have only had their connections forcibly slowed after 2012. According to the Department for Business, Innovation and Skills, terminating Internet connections would only be used as a “last resort."
Coming so soon after the news that the 50p-a-month landline levy could be delayed until after the election - or even scrapped altogether - it appears the whole Digital Britain process could be coming off the rails. “We’ve been listening carefully to responses to the consultation this far, and it’s become clear there are widespread concerns that the plans as they stand could delay action, impacting unfairly upon rights holders,” says communications minister Stephen Timms - the man brought in to get that process moving again after it had stalled. “Technology and consumer behaviour is fast-changing and it’s important that Ofcom has the flexibility to respond quickly to deal with unlawful file-sharing," he continues.
The cost of taking action against hardcore copyright offenders would be split down the middle between the rights holders and the Internet Service Providers - and the ISPs aren't happy. “Introducing measures such as disconnection at the instigation of the Secretary of State will sidestep proper scrutiny, likely breach fundamental human rights and result in innocent people being disconnected or, worse, prosecuted,” reads a TalkTalk statement. “What’s more, they will not work. Disconnecting alleged offenders will be futile given that it is relatively easy for determined filesharers to mask their identity or their activity to avoid detection.”
And, of course, campaigners like the Open Rights Group aren't impressed either by the threat of disconnecting anyone - arguing that it would “restrict people’s fundamental right to freedom of expression.” “It would also fly in the face of the government’s policy of universal broadband access,” Jim Killock, the group’s executive director, told The Telegraph. “It smacks of a knee-jerk reaction at a time when copyright infringement is reducing and online revenues are increasing.”
What's perhaps surprising is that these proposals for cutting-off file-swappers have emerged after European politicians - in a wrangle with the French government over its infamous "three strikes" law - have indicated disconnecting a person's Internet connection may be a breach of their human rights. Because of that, it is possible that the whole idea is empty posturing on the part of the Government, which may want to be seen to be getting tough on illegal downloading but also aware Europe will intervene if it gets too brutal. Meanwhile, a spokesman for the Department for Business, Innovation and Skills has denied Lord Mandelson conjured up the whole idea after meeting record label supremo David Geffen.
Further details at [BBC News] & [The Guardian]
Also amongst the proposals, which come during the consultation phase of implementing Digital Britain, are measures that could see ministers grabbing powers to target illegal file-sharers from regulator Ofcom - which would in turn be given greater powers to tackle the file-sharing itself. It is the so-called "hard-core copyright pirates" that could ultimately see their Internet accounts suspended; in line with the supposedly finalised Digital Britain blueprint, they would have only had their connections forcibly slowed after 2012. According to the Department for Business, Innovation and Skills, terminating Internet connections would only be used as a “last resort."
Coming so soon after the news that the 50p-a-month landline levy could be delayed until after the election - or even scrapped altogether - it appears the whole Digital Britain process could be coming off the rails. “We’ve been listening carefully to responses to the consultation this far, and it’s become clear there are widespread concerns that the plans as they stand could delay action, impacting unfairly upon rights holders,” says communications minister Stephen Timms - the man brought in to get that process moving again after it had stalled. “Technology and consumer behaviour is fast-changing and it’s important that Ofcom has the flexibility to respond quickly to deal with unlawful file-sharing," he continues.
The cost of taking action against hardcore copyright offenders would be split down the middle between the rights holders and the Internet Service Providers - and the ISPs aren't happy. “Introducing measures such as disconnection at the instigation of the Secretary of State will sidestep proper scrutiny, likely breach fundamental human rights and result in innocent people being disconnected or, worse, prosecuted,” reads a TalkTalk statement. “What’s more, they will not work. Disconnecting alleged offenders will be futile given that it is relatively easy for determined filesharers to mask their identity or their activity to avoid detection.”
And, of course, campaigners like the Open Rights Group aren't impressed either by the threat of disconnecting anyone - arguing that it would “restrict people’s fundamental right to freedom of expression.” “It would also fly in the face of the government’s policy of universal broadband access,” Jim Killock, the group’s executive director, told The Telegraph. “It smacks of a knee-jerk reaction at a time when copyright infringement is reducing and online revenues are increasing.”
What's perhaps surprising is that these proposals for cutting-off file-swappers have emerged after European politicians - in a wrangle with the French government over its infamous "three strikes" law - have indicated disconnecting a person's Internet connection may be a breach of their human rights. Because of that, it is possible that the whole idea is empty posturing on the part of the Government, which may want to be seen to be getting tough on illegal downloading but also aware Europe will intervene if it gets too brutal. Meanwhile, a spokesman for the Department for Business, Innovation and Skills has denied Lord Mandelson conjured up the whole idea after meeting record label supremo David Geffen.
Further details at [BBC News] & [The Guardian]