Europe backs down on piracy plans

The European Parliament has given the green light for member states
to cut persistent file-sharers off from the net. It has dropped an
amendment to its Telcoms Package which would have made it hard for
countries to cut off pirates without court authority. It follows
pressure from countries keen to adopt tough anti-piracy laws. The
French government has just approved plans which could see pirates
removed from the net for up to a year. The UK's file-sharing policy
is also likely to include a clause about disconnecting persistent
offenders. An amendment to the European Parliament's forthcoming
telecoms legislation was designed to protect citizens against being
automatically cut off from the net. Amendment 138 read: "Any such
measures liable to restrict those fundamental rights or freedoms may
only be taken in exceptional circumstances...and shall be subject to
adequate procedural safeguards in conformity with the European
Convention for the Protection of Human Rights.. including effective
judicial protection and due process. " Dropping it effectively means
that individual countries would be able to ask internet service
providers to remove users deemed to be persistent pirates without
needing a prior court order. Persistent problem " Without compelling
services piracy will not be beaten " Mark Mulligan, Forrester
Research There has been much debate around Europe as to whether
internet access is a fundamental right. The European Parliament has
already adopted a provision stating that internet access is "
critical for the practical exercise of a wide array of fundamental
rights". UK prime minister Gordon Brown has said that people are as
entitled to internet access as to gas, water and electricity. At the
same time Business Secretary Peter Mandelson has moved to toughen up
anti- piracy legislation to include the ability to remove persistent
file-sharers from the net. According to figures from analyst firm
Forrester, 14 % of European internet users engage in illegal
file-sharing. Legislation may not be the answer, thinks Forrester
analyst Mark Mulligan. "Piracy will not be solved by legislation
alone. Without compelling services piracy will not be beaten," he
said. There have been a flurry of announcements about legitimate
services in recent months, including Sky's SkyTunes service and
tie-ups between the likes of internet service provider
CarphoneWarehouse and music service Napster. New methods Peer-to-peer
networks are likely to be the main targets of any anti-piracy
legislation. At network level, internet service providers are able,
if asked, to identify the particular machines from which music or
other content is being illegally downloaded. But non-network piracy
methods, including using instant messaging, e-mail, music blogs,
bluetooth and iPod ripping, are on the rise. It is likely that
legislation will be too slow to catch pirates, thinks Mr Mulligan.
"Technology just moves quicker. Already we are seeing around 20
different alternatives to peer-to-peer piracy," he said. This week
France's constitutional court approved its revised anti-piracy plans.
The proposed legislation operates under a " three strikes" system. A
new state agency would first send illegal file-sharers a warning
e-mail, then a letter and finally cut off their connection if they
were caught a third time. Under the revised law, a judge must rule on
the issue of whether to disconnect users. The UK's policy on
file-sharing is due to be revealed next month.