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TalkTalk: Piracy proposals 'impossible to uphold'
Tuesday 10th November 2009, by Daniel King
TalkTalk's latest comments on the issue of government plans to crackdown on the illegal use of broadband for piracy have highlighted some of the difficulties the enforcement of such policies will create.
According to the internet services provider (ISP), which is now the largest in the UK following its acquisition of Tiscali earlier this year, European Union (EU) proposals will not give the type of powers over to copyright holders than has been suggested.
It explained the regulatory agreements would "make it almost impossible" for those in the film and music industry to prosecute those thought to be sharing files online without obtaining court documents.
TalkTalk explained that warrants would be needed if the EU was to successfully get ISPs to disconnect consumers who were found to be in breach of the law and this was the belief of telecoms and copyright lawyers that had contacted the group.
In addition, the company said that not only was it the largest provider of broadband services to homes across Britain, but it was also the most "consistent critic" of the government's approach to fighting piracy.
Scott Fairbairn, a telecoms law and intellectual property specialist for CMS Cameron McKenna, said it was clear that the film and music industry would have no right to act as "judge and jury" when it comes to dealing with the public.
"They cannot simply instruct ISPs to disconnect their customers or restrict their internet connections. In no way can that be considered to be a fair and impartial procedure as article 1(3)a of the new Framework Directive demands," he added, noting an independent tribunal would be the very least these industries could hope for in individual cases thought to be connected to illegal downloading.
Previously, TalkTalk pointed out that the ease with which around seven million homes and small businesses in the UK could be caught out by Wi-Fi hijacking means government proposals could end up with many being wrongly disconnected.
