Pirates to be banned from web

Proposals to ban surfers who illegally download films and music from the internet are being considered by the government.

A report in today's Times suggests that the government will ask ISPs to take action against any customers they suspect of piracy.

A warning email will be sent to first-time offenders, a second offence will warrant a temporary suspension of your internet connection and a third offence will see your contract with your ISP suspended.

The report said that under the new laws ISPs who failed to enforce the three-strike rules would be prosecuted.

The government is expected to propose the new legislation next week, which if passed would see Britain taking a similar stance to the French.

Piracy issues have been in the news recently after a top European court found in favour of Spanish ISP Telefonica after some of its customers were accused of illegally downloading content from file-sharing service Kazaa.

The court decided that Telefonica was within its rights not to hand over information about the alleged pirates as it was important to protect the privacy of its customers.

The British Phonographic Industry (BPI) and International Federation of the Phonographic Industry (IFPI) both recently criticised ISPs for allowing customers to get away with illegal file sharing.

And in response to the proposed new laws, BPI chief executive Geoff Taylor said that it was high time ISPs cracked down on piracy carried out over their networks.

"For well over a year, the BPI has been trying to encourage ISPs to introduce reasonable measures that could remove the need to bring legal action against the six million British broadband customers that regularly use peer-to-peer networks to download music unlawfully," said Taylor.

John Kennedy of the IFPI also welcomed the news.

"The tide of opinion is flowing in favour of ISP responsibility. News of the UK government’s proposed consultation paper is very welcome and we hope for swift action from ISPs to disconnect persistent serious copyright infringers," Kennedy said.

"The UK joins France in providing international leadership on this issue. ISP cooperation has been the top priority for the recording industry for the last three years. ISPs are the gatekeepers of the internet and it is feasible and reasonable for them to take steps against widespread copyright infringement," he continued.

However, some ISPs responded by saying that the task of monitoring all downloads for illegal content, much of which may be encrypted, was prohibitively expensive.

"The technical and commercial implications of ISPs proactively tracking all downloads and blocking copyright material would be too much for any ISP to bear and would have an adverse effect of the industry as a whole. In addition to this, we have an obligation to our customers to protect their personal data," PlusNet's Neil Armstrong told Web User.

Michael Phillips of BroadbandChoices.co.uk also highlighted the problems ISPs faced.

"Even if ISPs could identify copyrighted material flowing over their network, there is a big question over the cost required to monitor it. We would suggest that the government looks for alternatives for policing this problem. Perhaps the music and the film industry should be footing some of the bill?" he asked.

But Tiscali recently came out in support of a 'three-strikes' policy.

"We do not want illegal material travelling across our network any more than the music industry and we have worked with the BPI to suggest a three-strikes policy that is workable for us and them," Tiscali's Jody Haskayne said.

Jupiter Research's Mark Mulligan said that though it was a tricky problem, ISPs needed to ensure that they were prepared to play ball.

"File sharing has taught us over the past decade is that there is no silver bullet. Action must comprise a sophisticated mix of activity. And of course it would be better for the ISPs to be willing partners," Mulligan said.

Rob Barnes, head of broadband and mobiles at Moneysupermarket.com warned that people illegally using wireless networks belonging to others could see the wrong people being banned from the web under the new laws.

"Enforcement of legislation has always been a problem particularly because people can tap into wireless networks without authority. Many wireless routers can reach distances of up to 200 feet. If you can access your network in your back garden then so can your neighbours," Barnes said.

Security firm Sophos warned that many pirates would not think twice about using other's networks to circumvent the laws.

"People who illegally download material from the net aren't going to have any qualms about stealing someone else's internet connection. The widespread scale of the problem not only means that there are likely to be innocent victims, but it also gives those people who have been making illegal downloads a plausible defence," said Sophos' Graham Cluley.

www.bpi.co.uk
www.ifpi.org
www.plus.net
www.tiscali.co.uk