[A2k] FT: Whitehall gives ISPs piracy deadline

[Vera Franz]

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The fight over ISPs' characterisation as 'common carriers' is on in Europe.
After France, the UK aims to push ISPs to enforce copyright (see FT article
below). This seems to go against the spirit of the recent Spanish court rul=
ing
that said that a rightsholder cannot force an ISP to hand over a subscriber=
's
identity in a civil copyright infringement lawsuit. Gwen Hinze from EFF has=
 a
good post on the Spanish ruling:
http://www.eff.org/deeplinks/2008/01/eu-law-does-not-require[1]

Whitehall gives ISPs piracy deadline

By Jean Eaglesham, Chief Political Correspondent

Published: February 21 2008 22:00 | Last updated: February 21 2008 22:00

The government will on Friday tell internet service providers they will be =
hit
with legal sanctions from April next year unless they take concrete steps t=
o
curb illegal downloads of music and films.

Britain would be one of the first countries in the world to impose such
sanctions. Service providers say what the government wants them to do would=
 be
like asking the Royal Mail to monitor the contents of every envelope posted=
.

Andy Burnham, culture secretary, told the Financial Times on Thursday that =
the
deadline was a =E2=80=9Cclear signal=E2=80=9D of the government=E2=80=99s d=
etermination to
tackle rampant piracy, which the music and film industries blame for the sl=
ump
in CD and DVD sales.

=E2=80=9CLet me make it absolutely clear: this is a change of tone from the
government,=E2=80=9D Mr Burnham said. =E2=80=9CIt=E2=80=99s definitely seri=
ous legislative
intent.=E2=80=9D

The move is a significant escalation in efforts to make internet providers
take action against the estimated 6m UK broadband users who download files
illegally every year.

A creative industries strategy paper published on Friday commits the
government to consulting on anti-piracy legislation this spring =E2=80=9Cwi=
th a view
to implementing it by April 2009=E2=80=9D.

ISPs say it would be almost impossible to check and stop illegal downloader=
s.
The industry has cited data-protection curbs that prevent them from inspect=
ing
the contents of data files.

The strategy paper will not set out a blueprint for how the legislation wou=
ld
work. =E2=80=9CWe=E2=80=99re saying we=E2=80=99ll consult on legislation, r=
ecognising there are
practical questions and legitimate issues,=E2=80=9D Mr Burnham said.

=E2=80=9CWe=E2=80=99re not saying =E2=80=98here=E2=80=99s one we made earli=
er, here=E2=80=99s a bill=E2=80=99.=E2=80=9D

The concept of a =E2=80=9Cthree strikes=E2=80=9D regime of escalating sanct=
ions, referred
to in reports of a leaked early draft of the strategy, had =E2=80=9Cnever b=
een in
the paper=E2=80=9D, he said.

The Department for Business, which will lead the bill=E2=80=99s development=
, said on
Thursday night that the proposal raised =E2=80=9Cdifficult legal issues=E2=
=80=9D,
particularly in relation to European laws on online privacy and e-commerce.

But the government is adamant that the complexity of the issues involved wi=
ll
not prevent it from legislating if necessary. Ministers are frustrated by t=
he
slow progress of talks between ISPs and the music and film industries.

Mr Burnham said there was =E2=80=9Cno burning desire to legislate=E2=80=9D.=
 But he warned
that ISPs could forestall statutory sanctions only if there were
=E2=80=9Cconsiderable moves forward ... a change in the nature of the dialo=
gue
[with] good and innovative business solutions that can address the problem =
in
a different way=E2=80=9D.

The anti-piracy proposals are part of a series of measures set out by the
government on Friday and designed to support the creative industries. These
include the creation of 5,000 apprenticeships a year, involving the BBC and
Tate Modern among other employers, and an annual Davos-style =E2=80=9Cworld=
 creative
business conference=E2=80=9D in the UK.

Copyright[2] The Financial Times Limited 2008

--
Vera Franz
Program Manager
Information Program
<www.soros.org/ip[3]>
Open Society Foundation
100, Cambridge Grove
London W6 0LE
phone +44 20 7031 0219
fax +44 20 7031 0247

=3D=3D=3DReferences:=3D=3D=3D
  1. http://www.eff.org/deeplinks/2008/01/eu-law-does-not-require
  2. http://www.ft.com/servicestools/help/copyright
  3. http://www.soros.org/ip