The Government belatedly added the possibility of
disconnection into a pre-existing consultation on the Digital
Britain report on how the UK should deal with emerging
technologies.
The Report had not backed the disconnection of internet access
used by people suspected of illegal file sharing but the Government
later extended the consultation process and asked for views on the
move.
The u-turn has been widely reported as having been the
brainchild of business secretary Lord Mandelson. Now Bradshaw has
reassured MPs that no disconnections will happen without the
involvement of a court.
"It wouldn't just happen on the basis of an accusation. Firstly
there would need to be a court order for any of the technical
measures," he told the House of Commons Culture, Media and Sport
Committee last week, according to news service the Press
Association.
"The suspension … would be as a very last resort for serial and
serious infringement; [it] would be subject to a strict two-stage
process," said Bradshaw.
"I hope you would not go away with the impression that innocent
teenagers are going to be cut off willy-nilly on the basis of an
accusation," Bradshaw said, according to news service ZDNet. "That
is not our intention and is not the effect of what we will propose
when we come to publish the bill."
The original plan did not guarantee court oversight and the
Government was criticised for not involving the courts.
"Cutting people off the internet for allegedly infringing
copyright is disproportionate," said Larry Whitty, chairman of
Consumer Focus, when the plan was announced. "And to do so without
giving consumers the right to challenge the evidence against them
undermines fundamental rights to a fair trial."
Bradshaw's statements to MPs appears to signal a change in
policy on the role of courts in possible disconnections.
European legislators are locked in battle on the same issue. The
European Commission and Council wish to pass a reforming Telecoms
Package but the European Parliament has inserted into it a
requirement that any cutting off of internet connections used by
alleged file sharers only be done with a court's permission.
The Council and Commission rejected the amendment but in doing
so had to reject all the other Telecoms Package measures that they
want to see implemented. The three parties have until February to
agree a deal on the issue of court oversight of disconnections or
the whole Package will have to be renegotiated from scratch, a
Parliament spokeswoman told OUT-LAW.COM last week.
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