ISP body slams "anti-democratic" moves to fight counterfeiting

Leaked ACTA documents show calls for a graduated response from ISPs

European ISP industry body EuroISPA has warned that the Anti-Counterfeiting Trade Agreement (ACTA) currently being negotiated behind closed doors in Seoul, South Korea, could "threaten the openness of the internet".

The ACTA is being hammered out by the EU, the US, Japan, Australia and several other countries in an effort to combat trade in counterfeit goods and copyright infringements.

Leaks from the meetings suggest that some of the options being considered include disconnecting users from the internet through a "graduated response", according to the EuroISPA.

A leaked version of the ACTA - Internet Chapter seen by V3.co.uk states: "ISPs need to put in place policies to deter unauthorised storage and transmission of IP infringing content. (ex: clauses in customers' contracts allowing, inter alia, a graduated response)."

While ISPs are not currently liable for illegal activities that users undertake on their networks, the US is said to be in favour of making ISPs provide third-party liability for times when subscribers illegally share files and that this should be introduced via self-regulation by ISPs.

EuroISPA has said that it is concerned the attempt to implement such measures through a trade agreement, rather than legislative process, will not allow the various stakeholders such as European citizens’ representatives to enter the debate.

Andrea D’Incecco, public affairs manager from EuroISPA, argued that "access to the internet is a fundamental right" and as such EuroISPA was "firmly opposed to anything like a graduated response being introduced as is being discussed in the leaked documents".

"Any measures concerning people's right to go online need to be brought in through the proper democratic channels, not via self-regulation, and made into EU law," he added.