UK Confirms Plans To Disconnect File Sharers

by Robin Pilgrim, LawAndTax-News.com, London

24 November 2009

The UK government has introduced legislation into Parliament that would place obligations on Internet Service Providers (ISPs) to tackle copyright infringement, including suspending the accounts of persistent illegal file sharers.

Published jointly by the Department for Business and the Department for Culture, Media and Sport, the Digital Economy Bill aims to support growth in the creative and digital sectors and includes measures aimed at tackling widespread online infringement of creative copyright, such as peer-to-peer file-sharing.

The Bill inserts new sections 124A to 124M in the Communications Act 2003, which impose two broad obligations on ISPs. The first would require that ISPs notify their subscribers if the internet protocol (IP) addresses associated with them are reported by copyright owners as being used to infringe copyright. The second would require ISPs to keep track of the number of reports about each subscriber, and compile, on an anonymous basis, a list of some or all of those who are reported on. After obtaining a court order to obtain personal details, copyright owners will be able to take action against those included in the list.

According to the Bill, the obligations will be underpinned by a code approved by the telecommunications regulator OFCOM, or, if no industry code is put forward for approval, made by OFCOM.

However, if these obligations on ISPs prove insufficient to reduce the level of online infringement of copyright, the provisions of the Bill grant the Secretary of State a power to impose so-called "technical obligations” on ISPs. These would be imposed on the basis of reports from OFCOM or any other relevant considerations, and would require ISPs to take measures to limit internet access to certain subscribers. These measures would be likely to include bandwidth capping or shaping, but other more forceful measures may also be considered, such as temporary suspension of broadband connections – although the government assures that this would only be sanctioned in cases of "serious repeat infringers."

In an attempt to balance the legislation and safeguard the interests of consumers, the Bill also requires that an appeals process is set up as part of the code. The code would include the right to appeal decisions of ISPs to impose "technical measures." The appeal would be to a person independent of OFCOM, with a further right of appeal to the First-tier Tribunal.

Other key measures in the Digital Economy Bill would:

  • Modernize the copyright licensing system to make it simpler and quicker for licensing societies to make content available online to consumers and to support innovative commercial services that rely on copyright material.
  • Unlock large volumes of previously unusable cultural content or "orphan works" where the rights holder cannot be identified or found, for public and commercial use.
  • Extend public lending rights to include digital material such as audio and e-books. This will mean producers and artists who have created this content will be rewarded when material is lent out from public libraries.
  • Give Ofcom new duties to promote investment in communications infrastructure where this is needed and to make a formal assessment of the UK’s communications infrastructure every two years. Alongside this, there will be a new duty for Ofcom to encourage investment in public service content where this is needed.
  • Ensure the efficient allocating and registering of internet domain names in the UK by taking reserve powers.
  • Enable development of next generation mobile broadband services by allowing for the charging of periodic payments such as Administered Incentive Pricing on auctioned spectrum licenses and allowing OFCOM to levy monetary penalties for failure to meet certain license conditions.

Commenting on the Bill, Business Secretary Lord Mandelson said: “On current definitions our digital economy accounts for nearly GBP1 in every GBP10 that the whole British economy produces each year – so our creative and digital industries are key to Britain’s future economic success. This Bill will give them the framework to develop competitively and make the UK a global creative leader."

He added: “Better protecting our creative communities from the threat of online infringement will ensure existing and emerging talent is rewarded and will bring new choices for online consumers. Creating the right conditions for investment in our communications infrastructure will bring benefits for households and businesses in all parts of the country.”

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