Digital Britain plans amended: Government proposes disconnection for filesharers

Just when we thought the government had come to an agreement on how to tackle illegal file-sharers the BBC reports new measures have been put in place to amend the Digital Britain publication and cut off the broadband connection of those who illegally download films and music.

Originally, the Digital Britain report suggested a tactical approach would be put in place, addressing illegal filesharing through education and only punishing the most persistent offenders with court-based action. Now though, the BBC suggests Business Secretary Lord Mandelson has stepped in to whip up the punishment and “beef up the policy”.

Speaking to the broadcaster, Stephen Timms, minister for Digital Britain, explained the reasoning behind the policy tweaks: “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.”

It now proposes internet service providers will be held responsible for taking action against persistent offenders and that the cost of hunting down these files sharers and punishing them will be split between the providers and the rights holders.

For the internet service providers though, this news comes as a unexpected blow. In an official statement a TalkTalk spokesperson commented: “Introducing measures such as disconnection at the instigation at the Secretary of State will sidestep proper scrutiny likely breach fundamental human rights and result in innocent people being disconnected or, worse, prosecuted. What's more, they will not work.” Additionally the provider expressed concern this new tactic would “breach fundamental human rights to privacy, data protection and basic freedoms from intrusion and monitoring.”

Similarly, The Internet Service Providers' Association (ISPA) expressed disappointment at the proposal to force ISPs to suspend customers' accounts if they were suspected of file-sharing. In a statement it said: “ISPA and consumer groups consider disconnection o users to be a disproportionate response, a view that was recently supported by the European Parliament.”

In contrast of course, the BPI sees this new approach as a positive step: “Digital piracy is a serious problem and a real threat to the UK's creative industries,” it said in a statement. “The solution to the piracy problem must be effective, proportionate and dissuasive.”

Speaking to the BBC, Rupert Goodwins, editor of ZD Net hinted this unexpected U-turn in policy came after Lord Mandelson returned from a holiday where he met up with record label founder David Geffen. However, a spokesperson for the Department for Business, Innovation and Skills denied there was any link.

For TalkTalk though, if this new policy is put into place it could have a serious effect on UK telecommunications industry: “...we are worried that this intrusive approach will prevent cooperative new business models from evolving as internet service providers will be effectively set against each other, and there will be less incentive for rights holders to adapt. This will mean that the underlying problem will perpetuate for much longer and the development of internet services in the UK will be detrimentall affected.”

The Department for Business, Innovation and Skills has denied it has completely scrapped the proposals put forward in the original Digital Britain publication and said the new recommendations were open to consultation.