[Infowarrior] - Europe Rejects Broadband ISP Three-Strikes Anti-Piracy Legislation

[Richard Forno]

Europe Rejects Broadband ISP Three-Strikes Anti-Piracy Legislation
By: MarkJ - 7 May, 2009 (7:57 AM) - Views: 340 - Categories: Illegal  
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http://www.ispreview.co.uk/story/2009/05/07/europe-rejects-broadband-isp-three-strikes-anti-piracy-legislation.html

The European Parliament has, in its FINAL vote (there have been five  
so far) on the matter, chosen to retain amendment 46 (138) of the new  
Telecoms Package by a majority of 407 to 57. Amendment 46 states that  
restrictions to the fundamental rights and freedoms of Internet users  
can only be put in place after a decision by judicial authorities,  
which protects ISPs from having to disconnect customers suspected of  
involvement with illegal broadband file-sharing (P2P) downloads.

La Quadrature du Net confirms that the European Parliament has  
nevertheless adopted a soft compromise on issues of network equity: no  
strong protection against "net discrimination" was adopted.

"A formidable campaign from the citizens put the issues of freedoms on  
the Internet at the center of the debates of the Telecoms Package.  
This is a victory by itself. It started with the declaration of  
commissioner Viviane Reding considering access to Internet as a  
fundamental right. The massive re-adoption of amendment 138/46 rather  
than the softer compromise negotiated by rapporteur Trautmann with the  
Council is an even stronger statement. These two elements alone  
confirm that the French 'three strikes' scheme, HADOPI, is dead  
already." explains Jérémie Zimmermann, co-founder of La Quadrature du  
Net.

However it's not all good news as the changes do not prevent similar  
schemes from being introduced by individual member states. Likewise  
nothing will forbid ISPs from turning the Internet away from a neutral  
zone where people have equal access to all content applications and  
services. [geek]We doubt the Romulans would approve.[/geek]

"The strong statement for the access to the Internet as a fundamental  
right demonstrates that the Parliament can be courageous and reject  
the pressure to compromise when essential values are at stake.  
Unfortunately, on issues that appear more technical such as the  
absence of discrimination of services and contents on the Internet,  
the Parliament did not take the full measure of what it is at stake  
yet. Citizens must remain mobilized on these crucial questions,"  
concludes Gérald Sédrati-Dinet, analyst for La Quadrature.

Mercifully we're unlikely to see Three-Strikes style legislation in  
the UK, although some rights holders are still privately pushing for  
it. To date the industry as a whole has failed to agree a concrete way  
forward on the matter, although it's expected that Lord Carter's final  
Digital Britain report (due in another month or so) may present one.  
See our 'To Ban or Not to Ban (Illegal File Sharers)' – article for  
more background to all this.