Government proposalsto force internet service
providers (ISPs) to block illegal peer-to-peer file-sharers are
contrary to impending legislation in Europe designed to create a
single market in telecommunications, says a telecoms law
expert.
The government wants to force ISPs to block individual repeat
infringers' access to download sites, restrict their broadband
speeds, or suspend their internet accounts. The government calls
these "technical measures".
Monica Horten, who is
studying the development of the
Telecoms
Package for a PhD at Westminster, said the measures involve the
application of network filtering and deep packet inspection
technology.
"They clearly contravene the EU Telecoms Package Amendment 138,
which states that users may not be sanctioned without a court
judgement," she said.
"Specifically, Amendment 138 says that users rights to freedom
of expression may not be restricted without a prior judicial
ruling.
"In the internet context, the right to freedom of expression is
interpreted as the right to use all applications and services, in
addition to the right to have an internet connection," Horten
said.
"The right to freedom of expression, without interference from
the state, is guaranteed under EU and UK human rights laws law. The
key words here are 'without interference'. Technical measures would
constitute interference."
Horten said other amendments in the Telecoms Package that were
now Articles (clauses in the law) provided the legal foundation for
the proposed UK measures.
"That is why Amendment 138 is so important; it is currently the
only thing stopping them," Horten said.