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UK ISPs decry anti-file sharing plan

p2pnet news view | P2PPolitics:- Major UK ISPs and consumer organisations are calling for reversal of policies which have caused thousands of people in America to be penalised as accused criminals and thieves without ever having been near a court.

Put another way, they should be presumed innocent until proven guilty, say Charles Dunstone, talktalk; Ian Livingston, BT; Jim Killock, Open Rights Group; Ed Mayo, Consumer Focus; Deborah Prince, Which?; and, Tom Alexander, Orange UK.

“We agree that the creative industries play an important role in the UK and understand the challenge that illegal filesharing presents (letter, Sept 1),” they say in a letter to The Times, going on »»»

We do not condone or encourage such activity, but we are concerned that the Government`s latest proposals on the how to reduce illegal filesharing are misconceived and threaten broadband consumers` rights and the development of new attractive services. Experience in other countries suggests that pursuing such an approach can result in significant consumer resistance. Any new policy must be considered very carefully.

Any decision to move to harsh and punitive measures such as disconnection must be genuinely underpinned by rigorous and objective assessment by Ofcom. Consumers must be presumed to be innocent unless proven guilty. We must avoid an extrajudicial kangaroo court process where evidence is not tested properly and accused broadband users are denied the right to defend themselves against false accusations. Without these protections innocent customers will suffer. Any penalty must be proportionate. Disconnecting users from the internet would place serious limits on their freedom of expression. Usually, constraints to freedom of expression are imposed only as the result of custodial sentences, or incitement to racial hatred, or libel.

The proposal that internet service providers — and by implication broadband customers — should pay most of the cost of these measures to support the creative industries is grossly unfair since the vast majority of consumers do not fileshare illegally. Further, this payment approach would discourage content industries from developing new services.

“We hope that the Government will consider genuinely consumers` rights in its endeavours to protect the creative industries,” they add.

Stay tuned.

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First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi

The Times – Creative industries and consumers` rights, September 3, 2009


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