EU agreement puts a dampener on UK piracy plans

A new EU agreement focussing on telecoms regulation could make it impossible for even the most established film studios or music labels to force internet service providers to disconnect suspected pirates from their broadband connection.

According to telecoms and copyright lawyers contacted on behalf of TalkTalk, it will be very difficult for label big shots to cut the connections of customers without first obtaining a court order now new EU Telecoms rules, agreed in Brussels last Thursday have been given the go ahead. This won't go down too well with the UK Government as it's been working hard to legislate anti-filesharing measures which would mean suspected pirates could be cut from their broadband disconnection without a legal process.

Speaking on the EU agreement and explaining what it means for the UK Government , Scott Fairbairn, a specialist in telecoms and intellectual property law at CMS Cameron McKenna, said: “The recently agreed wording in the draft EU Telecoms Package is clear. Rights holders cannot act as judge and jury in these matters. 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.”

Fairbairn continued: “At the very least there would need to be some kind of independent and impartial tribunal to consider the merits of each case. If such an essential safeguard is not part of the UK measures then BIS would be in contravention of the new European law.”

Telecoms lawyer at Towerhouse Consulting, Paul Brisby is in agreeance that many of the UK government's proposals on tackling piracy would be illegal and would contravene the EU agreement. He added: “For the UK to impose a requirement to cut off end-users without a prior hearing would not be permissible.”

Andrew Heaney, director of strategy and regulation at TalkTalk, an internet service provider who hasn't shyed away from expressing its views on the Government's internet piracy plans, commented: “These European rules have now out into legal language what fair-minded people instinctively knew was right and just... The need for a fair process is critical because the evidence that rightsholders use can only identify the broadband connection not the individual filesharer. 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.”

Passionate about campaign against the Goverment's proposed anti-piracy measures, internet service provider TalkTalk has set up a petition on the No. 10 website  

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