It's
been revealed in a leaked government green paper
that people in the UK who use their internet connection
to download pirated copyrighted material could
have their internet access cut off. The draft consultation
suggests it will be the Internet Service Providers
("ISPs") who are required to take action in the
fight against online piracy.
It's estimated that six million
people a year download files illegally in the UK
with music and film companies claiming to lose
millions in lost revenues. The leaked proposals
point towards the implementation of a "three strikes" policy.
Users suspected of illegally downloading copyrighted
material will receive a warning email for their
first offence, a temporary suspension from their
internet connection for the second with their ISP
contract terminated for a third offence.
According to the Times newspaper,
who first reported the government proposals, broadband
firms failing to enforce the rules could be prosecuted
with the details of customers suspected of illegal
downloading made available for legal action. According
to the Times, the draft paper states: "We will
move to legislate to require internet service providers
to take action on illegal file sharing".
Of course, these proposals will
not come as a surprise for many. The same solution
to the problem was adopted in principle by the
French in November last year with offenders there
also being given a three strikes and you're out
policy. A Memorandum of Understanding was signed
in Paris on Friday 23 November by more than 40
signatories including music content providers,
audiovisual content providers, ISPs and public
authorities. Under the terms of that agreement,
ISPs committed to experimenting with technologies
to filter out infringing content. At the time it
was noted by many that pressure would build on
our government to take a similar stance and in
turn lean on the ISPs.
In any event, the ISPs themselves
must have seen such a move coming. As well as A
T & T recently acknowledging at CES that they
are looking into filtering technology, companies
such as BT, Virgin and Tiscali have already been
in talks with representatives from the entertainment
industry regarding the introduction of a voluntary
scheme for policing their networks, though no agreement
was reached. Predictably however, they have not
welcomed the latest proposals. The Internet Service
Providers Association was reported as saying that
data protection laws would prevent ISPs looking
at the content of information sent over their networks,
and that "ISPs are no more able to inspect and
filter every single packet passing across their
network than the Post Office is able to open every
envelope". Another argument against the proposals
is that "ISPs bear no liability for illegal file
sharing as the content is not hosted on their servers".
Critics have warned that the system
could prove complicated if customers were to claim
that they were not responsible and that a third
party had been using their connection. There are
also issues as to knowing who was using a computer
at a certain time to download such material. This
touches on the recent debate sparked by Peter Scharr's
(the EU's head data privacy regulator) who stated
that IP addresses should generally be regarded
as personal information.
Not everyone is negative however.
Geoff Taylor, the chief executive of the BPI welcomed
the proposals stating that "For years, ISPs have
built a business on other people's music. Yet they
have paid nothing to the creators of that music,
and done little or nothing to address illegal downloading
via their networks".
The Department for Culture, Media
and Sport stated: "Early drafts of our creative
economy programme documents were circulated to
stakeholders for comment. The content and proposals
for the strategy have been significantly developed
since then and a comprehensive plan to bolster
the UK's creative industries will be published
shortly".
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