Write to your MEP: say no to “3 strikes” through the backdoor

Antid Oto aorta at HOME.NL
Sun Jul 6 11:32:54 CEST 2008


REPLY TO: D66 at nic.surfnet.nl

http://www.openrightsgroup.org/2008/07/02/write-to-your-mep-say-no-to-3-strikes-through-the-backdoor/

Write to your MEP: say no to “3 strikes” through the backdoor

Posted by Gavin in Copyright, Intellectual Property, Net Neutrality,
Release The Music at July 2nd, 2008

Could Europe be drafting a new law to disconnect suspected filesharers
from the internet? MEPs have already signalled their condemnation of
this approach. But last-minute amendments to telecommunications
legislation could bring the so-called “3 strikes” approach in by the
backdoor. If you want your MEP to stick to their guns on 3 strikes,
write to them today to voice your concerns.

Back in February, we reported that the UK Government was considering a
law to ban illicit filesharers from the ‘net. A promised consultation
on proposed legislation is yet to materialise (although we’re still
hoping it will appear before the Summer recess). Meanwhile, pressure
on ISPs and rightsholders to come to a voluntary arrangement has had
some effect, with both Virgin and BT recently starting to “educate”
those customers they believe are infringing copyright in their use of
p2p networks.

As we pointed out at the time, neither the voluntary nor the statutory
approach will put a penny in artists’ pockets unless accompanied by
viable legal alternatives that deliver consumers what they want. A
recent survey commissioned by British Music Rights [pdf] indicates
that 80% of those currently downloading music would pay for so-called
“legal p2p” - properly licensed and competitive filesharing
alternatives. Rumours that industry is close to developing such an
offer are yet to be confirmed. But without it, any enforcement move is
likely only to drive illicit filesharing further underground.

Over in France, President Nicolas Sarkozy (who also took over the
European presidency yesterday) has put his weight behind legislation
proposed by the Olivennes report. The bill, which has been delayed
until the Autumn, will mandate termination of internet connections. It
goes without saying that it is the subject of much controversy across
the Channel.

La Quadrature du Net - a French pressure group - have been actively
campaigning on the issue. They’re also tracking the progress of the
Telecoms Package, a review of European telecoms law currently in the
European Parliament. Ordinarily this bill would deal with network
infrastructure, universal service and other purely telecoms matters.

But as La Quadrature du Net announced yesterday:

“One week before a key vote in the reform of European law on
electronic communications (”Telecom Package”), La Quadrature du Net
(Squaring the Net) denounces a series of amendments aimed at closing
the open architecture of the Internet for more control and
surveillance of users..

…this set of amendments creates the unprecedented mechanism known as
graduated response in European law; judicial authority and law courts
are vacated in favour of private actors and “technical measures” of
surveillance and filtering. According to rules set forth by
administrative authorities and rights holders, intermediaries will be
forced to cooperate in monitoring and filtering their subscribers, or
they will be exposed to administrative sanctions”

If you want to voice your concerns about 3 strikes legislation brought
in through the backdoor in Brussels, you have until 7 July, the date
of the vote in IMCO and ITRE committees, to contact your MEP and
inform them that the “Telecoms Package” amendments could bring in
disproportionate and ineffective law.

You can find details of your MEPs here. Suggestions for topics to
raise in your letters are here and analysis and commented amendments
with other resources about the Telecoms Package are also available.

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