European Parliament says court order required for ISP disconnection

Rich Fiscus
11 May 2009 1:07

The European Parliament has blocked a proposal that would clear the way for internet users to be disconnected on nothing more than accusations by copyright holders. Their amendment to a proposed telecom reform directive states "No restriction may be imposed on the fundamental rights and freedoms of end users, without a prior ruling by the judicial authorities."
This language is clearly directed at legislation which lobbyists for the recording industry have been demanding for some time. In last year's Digital Music Report the IFPI (an international equivalent of the RIAA) said "In 2008 [ISP Responsibility] must become a reality."
They were referring to proposals in several countries that would force ISPs to disconnect customers who have been accused of copyright infringement via P2P network.
The legislation being considered, most notably French President Nicolas Sarkozy's 3 strikes plan, hasn't become a reality yet. But proponents of disconnecting internet service from accused copyright infringers are still trying hard to push the legislation through.
In France they have even gone so far as to suggest ISPs should be allowed to continue billing disconnected users, hoping to win support from that industry.
The debate among EU officials isn't done yet either. The MEPs' overwhelming vote to amend the proposed directive means they will attempt to reach some compromise with the Council of Ministers and European Commission.
Viviane Reding, commissioner for Information Society and Media and the EU's highest telecom official, has come out in support of Parliament's decision.
"This amendment is an important restatement of the fundamental rights of EU citizens," she said. "For many, it is of very high symbolic and political value. I call on the Council of Ministers to assess the situation very carefully."

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