The Closing of the Net  "original and valuable"  Times Higher Education

The "Telecoms Package" comprises reviews to 5 sets of directives, but for the copyright issue there are two which are important: Amendments to the Electronic communications: common regulatory framework for networks and services, access, interconnection and authorisation ( Directives 2002/19/EC to 2002/21/EC]) and the Electronic communications: universal

service, users' rights relating to networks and services, processing of personal data, protection of privacy, consumer protection cooperation (Directives 2002/22/EC, 2002/58/EC and Regulation (EC) No 2006/2004.

The package is currently under review in the European Parliament. Amendments proposed will alter the framework of telecoms legislation. These amendments taken together do appear to make specific changes which are needed to pave the way for '3 strikes' proposals to be brought in. Under EU law as it stands, '3 strikes' would not be legal, hence why these changes are being lobbied for. 

The amendments will:

- weaken privacy rules, enabling data retention in some form for the purposes of pursuing copyright infringers and altering the principle of data protection which currently prevents ISPs from divulging user identity and other personal information

- enable member states to set up a process for pursuing and sanctioning copyright infringement outside the domain of the courts (ie a privatised law enforcement process for copyright, where ISPs will act on the basis of information supplied by copyright owners)

- oblige ISPs to alter the terms and conditions in their contracts with end users, enabling them to sanction and cut off users who infringe copyright

- do away with the right of users to freely distribute content (including their own)

-legally block access to websites and web content

Committee votes are scheduled for July, and a plenary vote in September.

 

 

 

 

 

 

The Copyright Enforcement Enigma tells the story of the 2009 Telecoms Package and how the copyright industries tried to hijack it.

'accurate and absorbing account of the story of the Telecoms Package' -Journal of International Commercial Law and Technology

'...a must read for those interested in knowing in depth about copyright enforcement and Internet.' -Journal of Intellectual Property Rights.  

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Copyright Enforcement Enigma launch, March 2012

European Parliament launch for Copyright Enforcement Enigma

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Iptegrity.com is the website of Dr Monica Horten, European expert on Internet policy and Visiting Fellow at the London School of Economics & Political Science. She is an independent expert on the Council of Europe Committee on Cross-border flow of Internet traffic and Internet freedom (MSI-INT). She was shortlisted for The Guardian Open Internet Poll 2012. Iptegrity  offers expert insights into Internet policy. Iptegrity has a core readership in the Brussels policy community, and has been cited in the media. Please acknowledge Iptegrity when you cite or link.  For more, see IP politics with integrity

Reads like a legal thriller!


The Copyright Enforcement Enigma - Internet Politics and the ‘Telecoms Package’

by Monica Horten

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