Government plans to cut off illegal file sharers
Posted on 25 Aug 2009 at 08:27
Updated 11:50am The Government has announced draconian plans to cut off the broadband connection of illegal file sharers.
Barry Collins on why you could lose your broadband connection for doing absolutely nothing wrong
The Government's own Digital Britain report, published earlier this summer, stopped short of stripping file sharers of their broadband connection.
It's become clear there are widespread concerns that the plans as they stand could delay action, impacting unfairly upon rights holders
However, Digital Britain Minister Stephen Timms - who replaced Digital Britain report author Lord Carter last month - has been persuaded of the need to take urgent action by the film and music industry. "We've been listening carefully to responses to the consultation this far, and it's become clear there are widespread concerns that the plans as they stand could delay action, impacting unfairly upon rights holders," Timms claims.
In an echo of the French three-strikes-and-you're-out scheme, individuals identified as file sharers will be sent warning letters before having their connection suspended if they persist.
"This does not necessarily mean that suspension would be used - this step would obviously be a very serious sanction as it would affect all members of a household equally, and might disrupt access to other communications, so it should be regarded as very much a last resort," the Government claims in a statement.
"Accordingly a thorough examination of the proportionality and effectiveness of the measure (as with any of the other measures) would have to be undertaken before ISPs would be required to implement it, even if the decision to move to technical measures is taken."
Measures "won't work"
TalkTalk - one of the more vocal opponents of cutting off alleged file sharers - says the measures simply won't work.
"Introducing measures such as disconnection at the instigation of the Secretary of State will sidestep proper scrutiny, likely breach fundamental human rights and result in innocent people being disconnected or, worse, prosecuted," the ISP claims.
"What's more, they will not work. Disconnecting alleged offenders will be futile given that it is relatively easy for determined filesharers to mask their identity or their activity to avoid detection.
"The evidence that is used to identify offenders is unreliable due to the prevalence of multi-users per account and Wi-Fi-hijacking and so will result in innocent customers being cut-off from broadband."
Robust evidence?
The new proposals will raise a number of questions, not least the issue of exactly who will be responsible for identifying and punishing alleged file sharers.
Until now, ISPs have largely acted at the behest of copyright owners. However, consumer watchdog Which reported one copyright law firm to legal authorities earlier this summer after claiming that it "bullied" innocent people "into paying compensation for something they didn't do".
In August, Which claimed to have discovered 20 people who were mistakenly targeted as illegal file-sharers by another law firm sending out threatening letters.
Author: Barry Collins
hmmm
So the government is well and truly in the back pocket of the film and music industry? Well there's a surprise.
I just hope they have a robust way of identifying who is illegally sharing copyright material. If they are just going to target anyone using torrents, then there will be a lot of legitimate users who are going to get screwed over.
And anyway who is going to make the decision on who gets cut off? oh wait, that'll probably be the music industry too..... im shocked
By hjlupton on 25 Aug 2009 
Pointless
Well seeing as i could get the latest DVD's and CDs from the library free and rip them makes the above artical pointless from my perspective.Lets see the industry sort that one out.
The words pipe ,smoke & put that in immediately spring to mind.
By Jaberwocky on 25 Aug 2009 
Plain stupid. This will just drive illegal file-sharing further underground at a faster rate. What will the government do when most file-sharing programs and sites are fully encrypted? It's not particularly hard with the existing techonology to prevent even the ISPs from finding out the download contents.
We'll just end up with innocent people who may accidentally download copyrighted contents a few times a year taking the cut. While illegal file-sharers can safely upload/download hundreds of times a day.
By zeevro on 25 Aug 2009 
Isn't this illegal?
Didn't the EU ban this sort of thing? That's one reason France couldn't go ahead with the 3 strikes rule isn't it?
Either way it's another brilliant idea to regain some of the Govs. popularity...
By jamesyld on 25 Aug 2009 
yep the EU did ban it. I'm sure that the EU will once again overturn this decisionbefore it gets implemented
By TimoGunt on 25 Aug 2009 
"Darth" Mandelson bows down before the Rothschilds
Looks like Lord Mandy has been taking his orders from the Rothschilds again, judging by what is reported in the Guardian.
And this man is tipped as a successor to Brown?
By Lacrobat on 25 Aug 2009 
How much
So, Digital Britain Minister Stephen Timms has been "persuaded" by the film and music industry to take urgent action. How much does it take to persuade a Government Minister?
By tycalch on 27 Aug 2009 
adfadfa
Its not always black and white into what is illgel or not. i know of various file sharing sites were part of the terms and conditions nothing can violent copyright law which is uploaded so is that illgel or not?
By danzx1 on 27 Aug 2009 
I know this has been said before but until the media companies start to embrace new technology and make their content available for down load at a reasonable price then people will get it for free.
The problem is that it’s very hard to down load new titles and very expensive and full of DRM plus as with Microsoft and HMV your content which has been legally paid for suddenly won’t be available anymore.
The media companies are happy to keep the same old business model and get you to buy Blue ray movies to replace your DVD's at over inflated prices and more important people don’t want this anymore they don’t want loads of DVDs in racks they want to select anything they want when they want it.
Much of this illegal download issue is of their making through their greed, the only light is things like Spotify but how late is that? and wait til the adverts get so long and frequent you wont want to use it cause the media companies will want so much money for their stuff that the ads will be needed to pay for it or more likely they wont sign up, to deliberately ruin it so they can keep on screwing everyone for as much as they can make, probably to pay off some government officials.
By adw99 on 27 Aug 2009 
Complain!
If you feel strongly about this so-called "consultation" (ie justifying a decision already taken) don't just write here; here are the guys managing the responses to whom you should write at the Dark Lord's Castle:
mike.klym@bis.gsi.gov.uk,
adrian.brazier@bis.gsi.gov.uk
(Heaven forfend that you could actually submit an opiniom direct to a politician.)
By thancock3 on 27 Aug 2009 
It seems that although the Government is happy to ride roughshod over us in order to implement the latest draconian EU measure, when the EU does something to actually safeguard our human rights, they suddenly aren't being listened to.
By qwertyqwerty87 on 27 Aug 2009 
Complain!
If you feel strongly about this so-called "consultation" (ie justifying a decision already taken) don't just write here; here are the guys managing the responses to whom you should write at the Dark Lord's Castle:
mike.klym@bis.gsi.gov.uk,
adrian.brazier@bis.gsi.gov.uk
(Heaven forfend that you could actually submit an opiniom direct to a politician.)
By thancock3 on 27 Aug 2009 
It'll all go wrong, beacuse they won't manage it properly.
I have it on good authority that there will be nothing like deep packet, statefull inspection and that file sharers will be targeted based purely on the amount of traffic going over their connection.
The Gov are already setting levels as to what is considered a "Normal" amount of data usage for a home user, and anything over that limit will be classed as file sharing.
This is going to seriously impact people like myself that run various servers and community web projects of our own equiptment.
I already know of 2 digital internet radio stations that have been cut off and had to fight to get back on air, beacuse automatic software for monitoring usage deemed the connection as a file sharing connection.
What about the many of us who have our own little enterprises like internet radio, or community web sites.
I can quite easily move 50gb's of data in a 30 day period, and I know some that routinely come close to 100gb's
I guess the Gov will probably make people like us go through a million levels of red tape and "official paperwork" and want to know how many times a day we fart, before we'll be allowed to have a "special license" which then probably used as an avenue to get more tax & money out of.
I'm gonna say it if no one else will....
Westminister: I'm calling you out, get your heads out of your arses, wake and smell the coffee and stop being so stupid, it's about time you ALL stopped being so spineless and stopped letting all these "I want, I want" peer groups from stomping all over you... LISTEN TO YOUR CITIZENS, NOT TO THE MONEY GRABBING CORPORATIONS.
By shawty_ds on 27 Aug 2009 
Complain!
If you feel strongly about this so-called "consultation" (ie justifying a decision already taken) don't just write here; here are the guys managing the responses to whom you should write at the Dark Lord's Castle:
mike.klym@bis.gsi.gov.uk,
adrian.brazier@bis.gsi.gov.uk
(Heaven forfend that you could actually submit an opiniom direct to a politician.)
By thancock3 on 27 Aug 2009 
sorry
don't know where these multiple posts are coming from - seems like every time I refresh my browser window.
By thancock3 on 27 Aug 2009 
I've also blogged my own post on this.
http://cid-4515677bdf99b35f.spaces.live.com/blog/c
ns!4515677BDF99B35F!268.entry
@thancock3 : click in your address bar, and delete the '#lastpost' bit from your URL, then press return, from then on your last comment won't get reposted everytime you refresh ;-)
By shawty_ds on 27 Aug 2009 
Every time Mandy has dinner with someone rich, we get an announcement about a new proposal, it seems. Is there a pattern emerging here?
By mikejdcastle on 27 Aug 2009 
Online theft is real
The Government seem to be extremely keen to punish a “theft” that consists of a potential loss of sales income for wealthy corporations. Does anyone really believe all these downloads would translate into real world sales and are thus a genuine loss of revenue?
Yet having had my credit card cloned and real money stolen (refunded), I find it galling that the theft of nearly £1,000 was regarded as unimportant and not worth getting the case investigated by the police – great from the Government’s perspective as there is no record of a crime, so no effect on the crime rate. Whereas with “download theft” the criminal is caught before the crime is reported. A guaranteed 100% clear-up rate! If you manage to prove your innocence this does not affect the 100% clear-up rate as there would be no crime either - brilliant!
With a General Election due next year being able to cosy up to these powerful, and wealthy, Corporations can, from this Government’s point of view, only be a win-win situation. As such they should be applauded for the seer cynical nature of this policy!!!
By rex42 on 28 Aug 2009 
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