UK anti-piracy approach; "three strikes and you're throttled"?

Stuart Corner
Wednesday, 17 June 2009 12:30

Business IT - Technology

The UK government is taking decisive steps aimed at reducing illegal file sharing copyright material by 70 percent.

The new approach is set out in the Digital Britain report released on 16 June. It stops short of the controversial "three strikes and you are out" approach recently rejected in both New Zealand and France - under which users could be disconnected for allegations of illegal file sharing without the direction of a court of law - but does give industry regulator Ofcom powers that would require ISPs to restrict offenders' Internet access either by URL, protocol, download volume or bandwidth. However these 'backstop; powers will only be invoked if an education approach fails to deliver the desired result.

According to Digital Britain, "the Government...believes, and the evidence suggests, that most people, given a reasonable choice would much prefer not to do wrong or break the law." The objective of the Government's policy is therefore three-fold. Firstly, "to provide a framework that encourages the growth of legal markets for downloading that are inexpensive, convenient and easily accessible for consumers."

Secondly, "Through encouraging suitable information and education initiatives, to ensure that consumers are fully aware of what is and is not lawful." Thirdly "to provide for a graduated response by rights-holders and ISPs so that they can use the civil law to the full to deter the hard core of users who wilfully continue unlawful activity."

The Government intends to provide initially for Ofcom to have a duty to secure a significant reduction in unlawful file sharing by imposing two specific obligations: notification of unlawful activity and, for repeat-infringers, a court-based process of identity release and civil action.

The report says: "There is evidence that most people who receive a notification stop unlawful file-sharing. This is backed up by survey results which found significant numbers of people say they would stop or significantly reduce their file-sharing activity upon receipt of a notification. Separately surveys indicate there is real interest in new business models that offer a similar experience and content to file sharing."

If this campaign of notification, education and the ultimate sanction of legal action fails to make the impact on unlawful file-sharing that that the government wants to see - 70 percent reduction in 12 months - Ofcom wil be required to begin the process of implementing the backstop measures, initially by consulting with the industry.