Internet Cutoffs Won’t Stop Piracy, U.K. Parliament Group Says
LONDON -- Disconnection is an “inappropriate way” of dealing with Internet pirates, and the U.K. government should halt moves in that direction until pan-EU law emerges, the All-Party Parliamentary Communications Group said on Thursday at a Parliament and Internet conference. Its report looked at online privacy, behavioral advertising, ISP responsibility for “bad” traffic and Web sties involving sexual abuse of children. It recommended a mix of industry and government regulation. Office of Communications CEO Ed Richards said dealing with illegal downloaders is “clearly a matter for government.” He urged lawmakers to make any legislation clear enough to encourage commercial deals.
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Rights holders are the main cause of unlawful file- sharing, and the music industry has been too slow in making popular legal alternatives available, the communications group said. It acknowledged that the report predated a change of heart by Business Secretary Peter Mandelson in favor of cutting off infringers’ Internet access and a European Parliament debate on revamping telecom regulation. The parliament and the Council of Ministers are wrangling over an amendment to bar states interfering with individual’s Internet rights and freedoms without a judicial ruling, except in national-security cases.
Internet regulation is a term “we've always shrunk away from” because it seems undesirable to stifle creativity and impose broadcasting rules on an entirely different form of communication, Richards said. Instead, countries have taken a “preliminary stance” in favor of regulation through the EU audiovisual directive which allows regulation of TV-like services online, a renewed push for digital inclusion and debate over Internet access termination, he said.
Online copyright infringement is a significant issue with complex solutions, Richards said. Ofcom awaits the results of the government’s inquiry on disconnection, he said. He sought a balance between the rights of copyright owners and ISPs that ensures consumers are treated fairly and asked legislators to “draw a line” to clarify the issues.
The government originally proposed a combination of solutions involving collaboration between rights owners and ISPs to identify repeat offenders, the use of court orders against infringers and technical measures, said Communications Minister Stephen Timms. It’s now proposing account suspension and is reviewing comments on the idea, he said. Content owners shouldn’t wait for the government to intervene but should come up with new business models, he said.
The communications group’s report recommended simplifying the maze of EU and national privacy regulation into an easy-to-understand act that applies online and off. Behavioral advertising should be based on express opt-in consent so online activity is monitored only with a user’s clear approval, it said. The panel also recommended that the “notice and take-down” regime used by the U.K. Internet Watch Foundation to remove images of the sexual abuse of children go global, or that a similar system be created. But it rejected calls for the IWF’s blocking scheme to be regulated, saying that would discourage self-regulatory solutions to other problems.
The panel also suggested that Ofcom monitor developments on net neutrality and report annually on any changes. It recommended that the regulator require ISPs to advertize a minimum guaranteed broadband speed to give consumers more clarity. And it proposed the ISPs develop a voluntary code for detecting and dealing with malware-infected machines of its subscribers, an approach Australian ISPs recently adopted.
The group also asked the government to change the law to allow ISPs to find and remove inappropriate content from their pipes without completely losing their legal immunity as “mere conduit” intermediaries. Either providers collectively come forward with an agreement “or you'll get legislated,” said Derek Wyatt, joint chairman of the communications group.