World’s first ‘net freedom provision’
p2pnet news view P2P | Politics:- British and French plans to institute the Draconian Three strikes plan drawn up by Big Music and Hollywood to have net users disconnected purely on the say-so of the cartels have met a setback.
European legislators have given the green light to new rules which decree users’ can still be cut off, but only after a “prior, fair and impartial procedure” which gives them “the opportunity to state their case and respects the principles of presumption of innocence and the right to privacy” has been completed.
However, an EU statement outlining the decision doesn’t say what the ‘fair and impartial procedure’ will comprise, or who will decide user rights have indeed been upheld, or by what means.
The revised EU telecoms framework directive, adopted at the third and final reading by 510 votes to 40, with 24 abstentions, will be implemented in the next 18 months, says the EU, promising the legislation will “enhance consumer rights, safeguard internet freedom, protect data, boost competition and modernise radio spectrum use”.
EP President Jerzy Buzek and Swedish minister for communications à sa Torstensson will sign it into effect on Wednesday.
“MEPs … succeeded in affording internet access an equivalent legal protection to that of a fundamental right by adding the world’s first ‘internet freedom provision’ to the EU framework law for electronic communications networks and services,” says the EU, continuing member States will have to adapt their national legislation to comply by May 24, 2011.
The directive includes rules to:
- Harmonise radio spectrum management across the EU, especially with a view to the switchover from analogue to digital TV by 2012,
- Improve co-operation among Member States’ telecoms regulators, and
- Allow “functional separation”, i.e. rules requiring dominant operators to separate their network infrastructure from business units offering services that use this infrastructure.
Parliament and council had already agreed on the other two parts of the telecoms package (telecoms regulators and citizens’ rights), which were approved by MEPs on 6 May 2009 and by the Council on 26 October 2009.
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Draconian Three strikes plan – Hollywood touts ACTA, November 22, 2009
EU statement – Green light for new EU telecoms rules, November 24, 2009
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