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Government responds to illegal downloading outrage

by Rosalie Marshall

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28 Aug 2009

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Houses of Parliament
The government has put proposals on how to curb illegal downloading up for public consultation

The government has responded to negative public feedback following its announcement that it may cut off illegal downloaders from the internet in a new effort to curb piracy.

If the proposals are enforced, the UK will be the first country in Europe to restrict citizens' access to the internet. Some citizen rights groups have criticised the move, arguing that internet access should be considered a fundamental human right.

The government has now responded to accusations that it has abandoned its previous piracy policy outlined in the Digital Britain report, which was published and opened for public consultation in June.

Digital Britain outlined an agenda to reduce illegal downloads by allowing Ofcom to work with internet service providers (ISPs) to target individuals sharing files with peers, and send them written warnings. If a warning does not work, the identity of the downloader will be given to the copyright holder which will then be able to take legal action.

But the Tuesday report from the government added stricter three-strikes measures to the consultation, whereby individuals may be cut off from their ISP if they commit three illegal download offences. Such a policy will only be introduced nationally if the softer measures scheduled to be introduced next spring fail to bring down illegal downloading by 80 per cent, the government's target set in the report.

In a new post on the Digital Britain Forum, the government said that the Digital Britain report was merely meant to be a package for consultation, and that it has simply added more ideas.

"The core proposals of notification of those who seem to be breaching copyright, with a sanction of technical measures if that is not working, remain in place," it said.

In response to criticism that the new proposals had been influenced by powerful entertainment industry lobbyists and US record executive David Geffen, the government said that the issue is probably not on Geffen's radar, and that the proposals had been well thought through.

"As we listened to people's views and considered the consultation responses that we've already received, it simply became clear to us that we needed to add more ideas to the discussion for people to consider," said the forum post.

The government also rejected accusations that it was criminalising young people, as younger generations are more likely to download illegally.

"Copying copyrighted material without permission or payment is already unlawful," the government said. "Recognising that fact and enforcing existing rights is not criminalisation."

However, the government did acknowledge the need for more legitimate online music products to be made available.

Finally, the government responded to sceptics who had said that the policy of cutting off downloaders would be too difficult to enforce.

"We realise that it is possible for mistakes to occur or for people to have their wireless connection hi-jacked. We will set up an appeals mechanism so that the consumer has an easy appeals route at each stage," the forum post said. " The identification process will need to be as robust as possible."

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