Download Legally or Get Cut Off

By Abigail Radnor
Published on 17 Feb 2008
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In the latest bid to crack down on pirating downloading illegally could soon mean saying goodbye to your internet connection.

Three strikes and you’re offline. This could be the punishment facing those who download illegally from the internet under new legislative proposals.

Ministers are set to unveil plans that make Internet Service Providers (ISPs) legally required to take action against their customers who are accessing pirated films and music. A first time abuse would result in an e-mail warning, a second would amount to a suspension and a third violation would lead to a termination of access to the service.

Broadband companies who fail to comply with these regulations will be prosecuted and suspected abusers’ details will be shared with the Courts.

Confirmation of legislation is expected to be announced in the Government published Green Paper on the creative industries this week. A draft copy of the paper, as seen by The Times, reveals “We will move to legislate to require internet service providers to take action on illegal file-sharing.”

Six million internet users in the UK download illegally, a practice that is said to be costing the film and music industries billions each year. Pressure to legislate on the issue comes amidst international action against the crime as France and the USA are set to implement their own ‘three strikes’ policies.

There has been much discussion over how to stem the tide of illegal downloading. The four major UK broadband companies – Tiscali, Orange, BT and Virgin Media – have been in discussions with Hollywood’s major studios and distribution companies for six months and similar discussions with the British music industry have been drawn out for nearly two years.

There is little sign of voluntary regulation yet Ed Vaizey, the Shadow Arts Minister, puts little faith in Government action: "The credibility of the Government’s latest threat is undermined by the fact that ministers have spent so many years dithering on whether to legislate."

The proposed legislation is not without flaws. The issue of ‘wi-fi piggybacking’, where a user accesses someone else’s internet subscription, would lead to disputed allegations of misuse. Plus, there is disagreement over how many punishments the ISPs would be expected to put into effect and how quickly they could send the warning e-mails.

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