Government’s DEA plans were outlined before consultation ended, emails reveal

Former Secretary of State for Business Lord Mandelson was keen on introducing the measures as part of the then proposed Digital Economy Bill, according to the documents from summer 2009.

A public consultation on the proposed laws was held between 16 June and 29 September 2009.

The recently released documents detail correspondence between Lord Mandelson's office and representatives of the creative industries. The partially-redacted emails revealed that by August 2009 Lord Mandelson was keen to introduce laws that would result in ISPs suspending customers' internet access in order to combat online copyright infringement.

"[Lord Mandelson] wants to go further on technical measures to include suspension," one email sent on 6 August 2009 from a Government official said, according to the released Government documents (16-page / 636KB PDF).

The finalised Digital Economy Act (DEA) was pushed through Parliament in the period shortly before the 2010 General Election and has led critics to claim the laws had not been properly scrutinised.

Provisions within the DEA allow the Culture Secretary to draw up new regulations that would see courts decide whether to force ISPs to block access to pirated copyright works.

The DEA also allows Ofcom, the UK's communications regulator, to draw up new regulations to detail how internet service providers (ISPs) should be involved in attempts to stop copyright infringement.

In a draft code of practice published in May last year, Ofcom said that internet users should receive three warning letters from their ISP if they are suspected of copyright infringements online.

Details of illegal file-sharers that receive more than three letters in a year would be added to a blacklist, the draft code said. Copyright holders would have access to the list to enable them to identify infringers, it said.

Under the draft code, ISPs could also have to suspend users' internet access if they are found to be illegally downloading copyrighted material.

The Government is expected to approve Ofcom's draft code next year.

BT and TalkTalk demanded a judicial review of the Act, claiming that it violated EU laws on privacy and electronic communications. In April the High Court rejected their claim and the Court of Appeal refused to hear an appeal in June.

A report into a whether website blocking measures are viable is to be published shortly, the Culture Minister said last month.

Ed Vaizey said the Government would publish a report by Ofcom into sections of the Digital Economy Act (DEA). Sections 17 and 18 of the Act state conditions under which new regulations could be drawn to help combat online copyright infringement.

The Act allows for regulations to be drawn up to permit courts to issue blocking injunctions to internet service providers (ISPs). The injunctions would force ISPs to stop customers using their service to access pirated copyright works.

"We will publish Ofcom’s report into the workability of sections 17 and 18 of the DEA shortly, and our reaction to it," Vaizey said in a speech at the British Recorded Music Industry (BPI) annual general meeting.
 
The Government emails detailed that Lord Mandelson had taken advice from the chairman and chief executive of Universal Music Group, Lucian Grainge.

Grainge had advised Lord Mandelson that the Government should push website blocking measures into the Bill, according to the documents.