ISPs Challenge Digital Economy Bill - There is a Better Way

The Act proposes to disconnect persistent illegal file-sharers from the web, and to give copyright holders the power to block access to websites with illegal content. Ofcom has stated that any such plans would not come into place before at least 2012, and a last-minute caveat added that several rounds of consultation would be required before such measures were taken.

While BT and TalkTalk suggest such proposals may affect "basic rights and freedoms", Mishcon de Reya's Adam Morallee says that the focus should be shifted to the victims of IP crime, and not the perpetrators.

"There are lots of people out there stealing content: it's no different to someone going to Sainsbury's and stealing a DVD or a CD. If Sony asked Sainsbury's for the shoplifter's name, they would expect to be given it. The only issue is that IP addresses are evidentially not a great way to connect a file sharer to his crime - he could be using anyone's IP address and this could lead to an innocent person having sanctions applied against them. Technology exists which, if adopted by the music and film industries, would allow them forensically to identify the major file sharers that feed all the others. Once you know you are pursuing the real offenders the argument changes and the Digital Economy Act could in years to come be viewed as a vital tool in fighting online piracy, and not just a controversial rush job."

For further information please contact Adam Morallee on
+44 207 440 7176 or by e-mail.