European Parliament Rejects Anti-File-Sharing Proposals

Tosses out “three-strikes-and-your-out” proposal to disconnect users as well as plans to force ISPs to filter copyrighted material from new Telecom package.

Today brings another bit of good news for file-sharers with word that the European Parliament has decided to formally reject several anti-piracy proposals included in a recent effort to reform the EU framework on electronic communications (telecom package).

The first was the controversial “three-strikes-and-your-out” plan whereby users would face increasing sanctions that would begin with a warning, followed by throttling, and would ultimately lead to a permanent loss of ones Internet connection.

Amendment 138 now reads:

(ea) In paragraph 4, point (ga) is added:

“(ga) applying the principle that no restriction may be imposed on the rights and freedoms of end-users, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, without a prior ruling by the judicial authorities, except where dictated by force majeure or by the requirements of preserving network integrity and security, and subject to national provisions of criminal law imposed for reasons of public policy, public security or public morality.”

Internet subscribers now don’t have to worry about having their rights and freedoms curtailed via unsubstantiated charges by copyright holders. With it virtually impossible to accurately identify a user by IP address innocent people would certainly have been caught up in the file-sharing dragnet.

“What’s important about this decision is that now it’s clear that you can’t force [internet service] providers to ban people from the internet without a legal process,” said Moderate Party EU parliamentarian Christofer Fjellner to the TT news agency.

The second anti-file-sharing proposal to face defeat is the effort to have ISPs begin filtering their networks to ferret out pirated material.

Amendment 139 now reads:

(g) applying the principle that end-users should be able to access and distribute any content and use any applications and/or services of their choice, subject to national provisions of criminal law imposed for reasons of public policy, public security or morality.

It used to read that end-users could only “…access and distribute any LAWFUL content and use any LAWFUL applications.”

Moreover, with file-sharing setbacks in France and the UK, it’s nice to see that at least the EU is allowing member countries to decide how best to address the problem rather than mandating draconian solutions like content filtering and Internet disconnection.

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