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UK?s Proposed Internet Anti-Piracy Rule for File-Sharing: Three Strikes and You Are Out

By IBLS Editor

The British government has introduced an Internet Anti-Piracy rule that would require Internet Service Providers ("ISP") to suspend Internet services from those who engage in illegal downloading of copyrighted material and illegal file-sharing.  The proposed rule is similar to a controversial bill presented in France in November 2007 against Internet piracy, and have received the same opposition from ISPs and digital right advocates.  If ISP cannot manage to stop illegal downloading or music and movies in the UK, the Government is going to intervene and force ISP to take action against Internet piracy, the UK Government said.

The Internet Anti-Piracy bill would require ISP to send a warning e-mail to those subscribers engaged on illegal file sharing and music/movies copyright violations.  If this first e-mails is ignored, ISP will send a second warning e-mail and have the subscribers' internet connection temporarily suspended.  If despite the two warnings the Internet subscriber continues illegally downloading copyrighted material, the ISP must terminate his Internet contract.     

The Anti-Piracy bill does not address the issue of whether the subscriber is banned from any Internet connection and what the term on this ban is.  In UK, there are currently 13.3 million people holding broadband connection and it is estimated that about 29% of these subscribers have at some point engaged in downloading copyrights materials, even without knowledge of the illegality of their conduct.

If successful, this UK Internet Anti-piracy Bill will be in force by April 2009.  Consultation and comments on this bill will start on Spring 2008.  Hence, opposition from the Internet Services Providers Association ("ISPA") was prompt; specially, because some precepts of this bill subject ISPs to criminal liability if ISPs do not cooperate with the authorities in its endeavor against illegal downloading and enforcement of this bill.  ISPA has questioned ISPs becoming the policing authority against Internet piracy since ISPs are only conduits of information.  ISPA argues that ISPs should not be liable for illegal file sharing if the material is not hosted in their servers and the material is only 'passing" through their networks.   

This three-strike internet piracy policy is getting momentum in the EU Member States.   France was the first EU country to adopt this law at the end of 2007 and has positioned as the international leader in the issue of illegal downloading.  Shortly after, the UK presented its similar bill which is currently under consideration and expected to be fully in force by 2009.   Australia is another Member State currently considering a three-strike piracy bill.  On February 2008, the Australian government expressed its plan to "examine any UK legislation on this issue [including any three-strikes policy] with particular interest." Like in the UK, opposition from ISPs in Australia and France has been clear.   

Thus, even if the three-strike Internet piracy rule does not become an internationally policy adopted by most of the governments in the world, it is definitely the first step on addressing the issue of file-sharing and copyrights.  In UK and Australia, ISPs are determined to fight against illegal downloading and support copyright holders but they are proposing ways to address the issue without imposing this policing responsibility on them.  These legislative attempts may be the way to bring the interested parties together and reach a consensual solution to what seems to be the greatest obstacle for copyright holders in the Internet age.        

Full post as published by IBLS Internet Law Blog on March 11, 2008 (boomark / email).