A conciliation delegation meets tonight at 8pm tonight
EU decides fate of illegal downloaders tonight
/v3-uk/news/1965272/eu-decides-fate-illegal-downloaders-tonight
04 Nov 2009, Rosalie Marshall , V3
The fate of the European Telecoms Reform Package and what kind of action member countries can take against illegal downloaders is likely to be decided in Brussels this evening as the European Union's conciliation procedure draws to a close.
Five EU directives, collectively known as the EU Telecoms Rules of 2002, are currently being reworked in an attempt to make the European telecoms market more unified.
There has been broad EU agreement on four of the directives. However, the Framework Directive, which has raised the possibility that illegal downloaders may lose access to the internet, has caused so much disagreement that it had to enter an EU process whereby it is further debated and negotiated.
The final details are likely to be ironed out tonight when the EU conciliation delegation meets at 8pm. The debate could last into the early hours of the morning, according to an EU spokeswoman.
The disagreement is between the European Council, formed from ministers from each of the EU member states, and the European Parliament, which holds the EU's elected members.
In two votes, 88 per cent of the European Parliament decided that internet service providers (ISPs) and regulators, such as Ofcom in the UK, cannot restrict individuals' access to the internet, even if they are illegal file sharers and downloaders.
The European Parliament formed what is known as Amendment 138, which reads: 'No restriction may be imposed on the fundamental rights and freedoms of end users without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened in which case the ruling may be subsequent.'
Since the beginning of the conciliation procedure in September, the amendment has been watered down by both EU bodies as they have tried to reach a compromise.
The Parliament's version of the amendment promises to protect citizens' access to the internet, but the Council's version leaves room for private corporations to restrict an individual's internet access.
If the Council version of the amendment is accepted, business secretary Peter Mandelson will be able to continue with his plans to introduce a three-strikes rule to tackling illegal downloading, under which the cost of enforcement will fall to copyright holders and ISPs.
Jérémie Zimmermann, co-founder of citizens' rights group La Quadrature du Net, warned the Parliament not to bow to any pressure from the Council.
"What will citizens think if, after having seen their representatives defending them on two occasions before the elections, when they had everybody's attention, they now witness the Parliament giving in to the Council in closed-door meetings," he said.
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Do you agree?
Allot of Innocent will be made to feel like a criminal
I am completely against this proposal, have been from day one.
My problem is so many networks are not secured and so many people who have internet at home don't know how to secure a network or don't secure them enough, usually using old encryption standards, allowing hackers to hack into there home networks where they can download illegally using some innocent persons internet.
Where my uncle lives, every wireless network in not encrypted, over 15 in one street. The only one is encrypted is my uncles and that is only because i secured his network for him.
Then that innocent person receives a letter saying to stop downloading illegal content etc. They contact there ISP for example explain they are completely confused to what they are talking about. They get hacked again and again, three times then there interent is turned off, being made to feel criminal and left without no internet. It is like sentencing someone to prison for a crime they have not comitted.
It is awful. The internet cannot be controlled and if this plan goes ahead there is going to be a huge number of complaints and angry people.
Also it seems illegal downloaders spend more money on media such as music, software etc than non illegal downloaders as different press releases has stated. If i want something i pay for it but it makes me laugh in some sence.
I think they are defeating the object. I can't see this lasting if it does go ahead. They might aswell shut the internet down as so many innocent people will have there internet shut down.
Posted by Mathew, 04 Nov 2009
Illegal File Downloaders
Many of the files downloaded are films which have already been shown on television and therefore already in the public domain. I
have downloaded some of these films only because I do not have a DVD recorder connected to my TV..is this going to be made illegal..a custom that has been going on for as long as I can remember.It's a whole new can of worms just waiting to be opened.
Posted by Harry Veal, 04 Nov 2009
Illegal Downloading?
Where has freedom gone that was fought for?
Well if this goes through and people will be cut off,then thats a lot of money saved by customers,and a lot of money lost by companies.
No computer sales,no internet,no telephone line needed.
What a saving!!!
Even saves on electricity,so its back to writing letters and posting through a post box again!!
What a Step Back!!
Chuck it out as the net can regulate itself!!
Look at the businesses that have gone bust because of the NO Smoking Ban...bit like that now with internet if this goes ahead.
Think it through .
Posted by david childs, 04 Nov 2009