The Telecoms Packagee and the Copyright Amendments A European Legal Framework to Stop Downloading, and Monitor the Internet

Abstract

This paper considers how imminent changes to European telecommunications law will permit the monitoring and blocking of websites and peer-to-peer exchanges by ISPs, in a way that is currently not legally possible. These legal changes will also permit ISPs to sanction users by suspending or terminating Internet access. And they are essential in order for the French ‘riposte graduee’ or ‘3 strikes’ copyright enforcement measures to be implemented.The changes are a series of hidden amendments related to copyright, and contained in the so-called ‘Telecoms package’. This paper argues that these amendments will effectively erode the ISP’s legal status of ‘mere conduit’, which currently protects individual rights and liberties on the Internet. It argues that the ‘mere conduit’ status should be preserved, and the copyright amendments rejected.The proposed copyright amendments will result in the loss of individual freedom and privacy on the Internet – in breach of fundamental principles of human rights law in Europe. Ultimately, they could open the door to wider political or commercial censorship, and this is the real danger of permitting them to get into law. The risk is that this will happen without proper legislative scrutiny or public debate. The European Parliament committees responsible for the Telecoms package voted on July 7th and the Parliament as a whole voted on September 2nd.