Skip to main content

Digital Lifestyle > News

Wed, 11 Nov 2009 TalkTalk: EU law will save downloaders being banned from the web

Amendment to law will protect web users says UK broadband provider

Carrie-Ann Skinner PC Advisor

  • Email to a friend
  • Print this article
  • Bookmark this page
  • RSS feed

UK broadband provider TalkTalk has applauded an EU agreement which could disconnect illegal downloaders from the web, saying the legislation "puts into legal language what fair-minded people instinctively knew was right and just".

The UK government has proposed anti-piracy measures that will see web users accused of illegally downloading sent two warning letters, with repeat offenders being cut-off from the web by their ISP.

While Lord Mandelson said "technical measures will be a last resort" and those facing suspension would be offered a "proper route of appeal", the measures have come in for heavy criticism in particular for its ‘guilty until proven innocent' stance.

However, Under the New Telecoms Reform Package, which was agreed by the EU last week, web users accused of illegally downloading are put through a "fair and impartial procedure" before being disconnected.

"The recently agreed wording is clear. Rights holders cannot act as judge and jury in these matters," said Scott Fairbairn, a specialist in telecoms and intellectual property law at CMS Cameron McKenna.

"They cannot simply instruct ISPs to disconnect their customers or restrict their internet connections. In no way can that be considered to be a 'fair and impartial' procedure".

The ISP, which is behind the Don't Disconnect Us campaign aimed at persuading the government not to disconnect web users without a fair trial, believes that establishing whether an accused illegal downloader broke the law can only happen via an impartial legal process that starts with a presumption of innocence.

"The need for a fair process is critical because the evidence that rights holders use can only identify the broadband connection not the individual file sharer. This means that millions of account holders are at risk of being wrongly punished due, for instance, to unauthorised Wi-Fi hijackers using their connections," he said.

Heaney called for the government to "respect the spirit of what is intended and to drop its draconian plans to disconnect users without a proper judicial process".

Check out our new Macworld Mobile site.

Follow Macworld UK on twitter: www.twitter.com/macworlduk

Email A Friend

Email this article to a friend or colleague:



PLEASE NOTE: Your name is used only to let the recipient know who sent the story, and in case of transmission error. Both your name and the recipient's name and address will not be used for any other purpose.

<<prev article | back to news index | next article>>

Comments

What are your views on this subject? Use the form below to post a comment on this article up to 1000 characters.

Comments received


Steve said on Wed, 11 Nov 2009

What I don't like about this law and what it states in plain English, and I qoute... "users ACCUSED of llegally downloading." Anyone can ACCUSE you of anything, that doesn't make it so.

ARI Boy said on Thu, 12 Nov 2009

Although I'll happily accuse Lord Mandelson of being a menace to British society. He's been sacked twice (he'll say resigned), lost his seat in parliament, yet he's now still here wielding his stick. I'd personally beat him over the head with it...

Anthony said on Fri, 13 Nov 2009

ISP are the weak link in all of this. This is the part of the internet that governments are always going to use to try and gain control over the internet. If only we could somehow get rid of ISPs. Interconnected personal wireless devices? I guess you still need the big pipes somewhere along the line.

Meddleson said on Mon, 16 Nov 2009

No comment. I did have, then Mandleson came to mind. I've had to think about something else before I'm sick.

Click here for the latest reader comments

Disclaimer
Opinions expressed here are those of the writers and do not reflect those of Macworld. Macworld accepts no responsibility legal or otherwise for their accuracy of content.
Click here to read the house rules.

Latest News


More news...