2011-02-02 05:45:07
The UK government has announced that it is to look again at plans to block
websites that infringe copyright.
The controversial measures formed part of its crackdown on net pirates,
outlined in the Digital Economy Act (DEA).
The decision to review it follows a raft of complaints about the workablility
of the legislation.
Culture Secretary Jeremy Hunt has now asked Ofcom to consider the viability of
blocking certain websites.
Right tools
"I have no problem with the principle of blocking access to websites used
exclusively for facilitating illegal downloading of content," said Mr Hunt.
"But it is not clear whether the site blocking provisions in the Act could work
in practice so I have asked Ofcom to address this question," he added.
The rethink was prompted by ideas submitted to the Your Freedom website, which
asked members of the public to nominate laws and regulations they would like to
see abolished.
"When we launched Your Freedom, I promised that the ideas submitted would be
given proper consideration.... we have listened to the views expressed," said
deputy prime minister Nick Clegg.
"The government will look at whether we have the right tools for the job in
addressing the problem of online copyright infringement," he added.
It is not clear how many people complained about the DEA on Your Freedom, but a
spokesman for the Department for Culture, Media and Sport said it was "one of
the most commented on" pieces of legislation.
Among the questions for Ofcom to consider are:
providers?
The Open Rights Group, which has long campaigned against the DEA, welcomed
Ofcom's review.
"It's encouraging that the government is listening to people's genuine concerns
about the Digital Economy Act.
The web blocking provisions are a real mistake - they would stifle freedom of
expression, for unproven benefit, whilst being extremely costly and difficult
to manage," said Peter Bradwell, an ORG campaigner.
Judicial review
The government's attempts to crack down on illegal file-sharing have courted
much controversy.
Ofcom is already planning the first stage of the campaign, which will see
letters sent to those identified as illegal file-sharers.
The DEA is subject to a judicial review, which will look at whether the act is
legal and justifiable.
The review, granted to ISPs BT and TalkTalk, will take place in March.
Opponents claim that the legislation was rushed through parliament without
proper debate and that the methods that would be used to identify net pirates
are flawed and unfair.
In a recent court case brought against 27 alleged illegal file-sharers, it was
argued that the IP address of a computer, the numerical code that identifies
the connection, cannot be used as evidence because it fails to identify the
individual responsible.
The judge is due to rule on the case imminently.
The government needs secondary legislation before it can procced with any plans
to block websites. Ofcom is due to report back in the spring.