Posted: 03rd Jun, 2011 By: MarkJ
The
United Nation's Human Rights Council (UNHRC), which was first setup in 2007 to help address situations of
human rights violations, has waded into the already muddy waters of
internet copyright infringement enforcement (i.e. "
illegal" internet P2P file sharing) by warning that the UK's controversial
Digital Economy Act (DEA) is in serious breach of its rules; due to how it could disconnect ("
suspend") some broadband ISP customers from the internet.
The DEA itself was "
rushed" (wash-up process) through parliament prior to last year's
May 2010 General Election. Many ISPs and consumer groups believe that this resulted in insufficient scrutiny of its rules. At the extreme it could lead to potentially innocent users having their internet access "
suspended", due in no small part to an over reliance upon
unreliable IP address based "
evidence". IP's are frequently shared between many users but only the connection owner would be punishable.
The UNHRC's Special Rapporteur, Frank La Rue, said:
While blocking and filtering measures deny access to certain content on the Internet, States have also taken measures to cut off access to the Internet entirely. The Special Rapporteur is deeply concerned by discussions regarding a centralized “on/off” control over Internet traffic.
In addition, he is alarmed by proposals to disconnect users from Internet access if they violate intellectual property rights. This also includes legislation based on the concept of “graduated response”, which imposes a series of penalties on copyright infringers that could lead to suspension of Internet service, such as the so-called “three strikes-law” in France and the Digital Economy Act 2010 of the United Kingdom.
While blocking and filtering measures deny users access to specific content on the Internet, States have also taken measures to cut off access to the Internet entirely. The Special Rapporteur considers cutting off users from Internet access, regardless of the justification provided, including on the grounds of violating intellectual property rights law, to be disproportionate and thus a violation of article 19, paragraph 3, of the International Covenant on Civil and Political Rights.
The Special Rapporteur calls upon all States to ensure that Internet access is maintained at all times, including during times of political unrest. In particular, the Special Rapporteur urges States to repeal or amend existing intellectual copyright laws which permit users to be disconnected from Internet access, and to refrain from adopting such laws.
The Open Rights Group (ORG) has already leapt on the report by writing to the UK governments Culture Secretary,
Jeremy Hunt, in the hope that he will move to follow the UNHRC's advice and repeal relevant parts of the Act. Past experiences suggest that the government would be highly unlikely to budge and appear to be firmly embedded in their support.
Jim Killock, Executive Director of the Open Rights Group, said:
"Cutting people off the Internet for copyright infringement is clearly the wrong thing to do. The Digital Economy Act is so bad that highly respected institutions are calling on the UK to repeal it. Jeremy Hunt should take heed, and ditch this embarrassing and repugnant legislation."
It's worth pointing out that the Special Rapporteur is also
scathing of any measures that block or filter access to internet content, albeit only when criminal law is used to inhibit "
legitimate expression".
UNHRC's Special Rapporteur Report
http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf