[Updated] European Union Cracks Down on File-Sharers

If you live in the European Union, and you like to share pirated files, you may want to start thinking about just how much your access to the Internet really means to you.

Although it has been threatened for ages, the European Parliment has finally given the go ahead for member states to start cutting persistent file-sharers off from their Internet connections according to the BBC. This follows a plan that the government of France has already adopted that could see people who trade pirated files lose their Internet connections for up to one year under a three strikes system.

Originally the European Parliament had put an amendment forward in its Telcecoms Package that would have required governments to get a court order to remove the pirate’s net connections, but that portion of the package has now been removed. The United Kingdom is also looking into similar legislation that is expected to be unveiled next month.

Originally the Telecoms Package included the following wording, but it has now been removed:
"Any such measures liable to restrict those fundamental rights or freedoms may only be taken in exceptional circumstances…and shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights.. including effective judicial protection and due process."

Part of the issue now, according to Forrester analyst Mark Mulligan, is that the new rules only target peer-to-peer file sharing as Internet Service Providers can detect that traffic. However, piracy is now moving past that to people sending files via instant messenger programs, in emails, using file sharing sites and so on. Mr. Mulligan feels that legislation will never be able to move at the speed with which the pirates and technology do so.

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It is estimated that 14 percent of Internet users in Europe have engaged in some form of illegal file-sharing, now it is just a matter of catching them, which sounds as though it is easier said than done. But, here are seven reasons why the three strikes plan fails:

1. It's unfair
Broadband connections aren't per person; they're per building. Should dad's home business be booted off because his kids have been sharing music? Is a café responsible for what its customers do with its Wi-Fi?

2. It's a kangaroo court
Remember "innocent until proven guilty"? Mandelson clearly doesn't. Under the proposed plans, the only time you'll be able to defend yourself against disconnection is to appeal to Ofcom once the decision to cripple your connection has been made. Apparently, appeals will be heard within 30 days. It's not hard to imagine Ofcom being overwhelmed by appeals and that 30 days becoming 60, 90 or 120 days. Not great if you've been wrongly accused.

3. The French are behind it
Oh yes they are.

4. The bad boys will evade it
Encryption, proxies, VPNs, piggybacking other people's Wi-Fi so innocent people get the blame… you can be sure that by the time disconnections start in 2011, there will be all kinds of ways for dedicated downloaders to evade detection. And sheer force of numbers means the plans will never catch more than a minority of file sharers.

6. It'll mean censorship
Given the choice between investigating rights holders' complaints - which will cost time and therefore money - and just blocking anything that might be used for dodgy downloading, which option do you think ISPs are going to choose?

6. Labour won't be around to make it happen
Does anybody other than Mandelson really think Gordon Brown will still be in charge by 2011? If there's sufficient public outcry over the proposed file sharing ban, the Conservatives could make dropping it a election pledge.

7. It's actually pointless
Oh no! You've been cut off or slowed down by your ISP! Oh look! Your wife/brother/flatmate/space alien who just happens to live in your house has signed up to a different ISP and is letting you use their broadband!

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Comments welcome.
-daveyy.