LSE report slams DEA as court hearing nears. Digital Economy Act: Judicial review begins this week News. A judicial review that will see TalkTalk and BT challenge the Digital Economy Act is set to begin this week.
In July last year, the UK ISPs called for the High Court to launch the review, stating the Act was "rushed through" and had "insufficient scrutiny". The Digital Economy Act (DEA), which covers a number of issues including measures designed to tackle internet piracy, became law in April last year. Under its net piracy measures, copyright holders will collect IP addresses of web users thought to have illegally downloaded material. The details will then be passed to ISPs, who will be responsible for issuing warning letters and emails.
This 'mass notification system' will be trialled for a year. TalkTalk and BT believe these plans could be in breach of "basic rights and freedoms". "Since the DEA passed into law there has been a considerable amount of work to do to implement the mass notification system," said the Department for Culture, Media and Sport. Pyright crackdown delayed by judicial review. The implementation of the Digital Economy Act, a piece of legislation designed in part to crack down on unlawful file-sharing, is being severely delayed by a judicial review.
The High Court review is being carried out at the behest of BT and TalkTalk, who say the Act falls foul of EU laws on privacy and ISP obligations. According to the original schedule for the Act's implementation, Ofcom is already supposed to have published an obligations code, telling ISPs what they will have to do to help rights holders identify infringers, but the judicial review has delayed this occurring.
The obligations code is supposed to precede a year-long letter-writing campaign, in which suspected unlawful file-sharers are warned that their misdeeds have been spotted and logged. Once that year is over, the government is then supposed to examine the results. If online copyright infringement has not been sufficiently cut by that point, a three-strikes-and-you're-out policy is then supposed to kick in. DEA Judicial Review - Day 1. March 23, 2011 | Jagdeep Bahra Today was the first day of the judicial review of the Digital Economy Act 2010, which passed into law in the final days of the Labour Government.
The review has been brought by BT and TalkTalk, two of the UK's largest ISPs. Further interventions have been made by the Open Rights Group, Consumer Focus and Article 19. Judge may take months to consider DEA review. The court hearing into the Government’s much-troubled Digital Economy Act (DEA) has come to a close, but it may take as long as two months for a decision to be made on the judicial review, sources close to the situation told IT PRO.
The High Court in London heard the closing remarks of both the defendants and the claimants yesterday, as it was stressed the issues need to be dealt with now rather than in several years’ time. BT and TalkTalk brought the case to court after querying whether the legislation was compatible with EU law. Others have protested against the DEA’s allowance to block internet access of those suspected of repeatedly downloading copyright material. Defendants of the Act pointed to the fundamental right to property, saying copyright is included in that. Claimants questioned the impact the legislation would have on ISPs, claiming they would face increased pressure from obligations imposed by Ofcom. Digital Economy Act: further delay to illegal downloading measures. Communications minister Ed Vaizey is attempting to get ISPs to introduce new measures to appease the creative industries.
Photograph: Martin Argles for the Guardian Plans to send thousands of warning letters to alleged illegal downloaders have been delayed until next year as the government's embattled Digital Economy Act is held up by a high court judicial review. Internet users across the UK were due to start receiving warning letters from their broadband provider later this year, but a legal challenge by BT and TalkTalk has significantly derailed the plans. Under the government's controversial anti-filesharing scheme, internet service providers send notification letters to customers accused of illegal downloading by music and film companies.
Repeat copyright infringers could have their internet access slowed or even blocked under secondary measures in the act. "We are working to implement the system as soon as possible.