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Talk Talk fires warning shot over proposed three strikes rule
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Talk Talk slams Government's file-sharing plans

ISP threatens legal action and says plans 'substitute proper judicial process for a kangaroo court'

Dinah Greek, Computeractive 04 Nov 2009
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Talk Talk has warned the Government it will not disconnect users accused of illegal file sharing unless it receives concrete proof of guilt.

The internet service provider (ISP) owned by Carphone Warehouse said the proposals outlined by Lord Mandelson ignored the accepted 'innocent until proven guilty' presumption under British law.

Andrew Heaney, Talk Talk’s executive director of strategy and regulation told Computeractive the ISP was not afraid to stand up for its customers.

“We will not cut off our customers’ internet connection and will take it [the Government] to court if necessary. The process outlined by Lord Mandelson substitutes proper judicial process for a kangaroo court. It is wrong and we also believe it is a breach of human rights, ” he said.

The prospect of internet disconnection for persistent offenders, often called the three strikes rule, is expected to be set out this month in the Digital Economy Bill.

The rights holders will only have access to an IP address, so they must apply to the courts for an ISP to hand over customer details.

The ISP is required to send alleged illegal fire-sharers an initial warning letter. This is the first time the customer will be aware that they have been accused of illegal file sharing. If the ignore the initial letter, the ISP will be required to send futher letters.

Mr Heaney said although people have the right to appeal, He said it is wrong to presume the customer is guilty from the start.

“This is not the way British justice is meant to work,” he said.

He also pointed out that the process is riddled with unresolved issues such as how long a person’s internet service would have to be disconnected.

TalkTalk has started a Don’t Disconnect us campaign and people can sign a petition on the Number 10 website. People can also visit the site to keep up to date with the latest developments on the disconnection proposals.

See also:

photo of nicholas sarkozyCivil liberties group slams draconian measures to tackle copyright issues  24 Sep 2009
image of Lord CarterGovernment asking for comments on Digital Britain report  26 Jun 2009
Telecoms regulator will have central role to play in punishing persistent piracy  05 Jun 2009
Unpopular proposals for copyright policing body may be scrapped  22 Apr 2009
Government looks to offset cost of illegal downloads with blanket charge on all internet users  30 Jan 2009
Image: Amy WinehouseIllegal file sharers in France will be disconnected by ISPs under 'three strikes' law  04 Nov 2008
Letters from ISPs will not stop illegal uploads and downloads of music and movies, it says  31 Jul 2008
Six UK ISPs agree to send out 'informative letters' to customers who share copyrighted material  24 Jul 2008
Disconnection threat an "administration error", says internet provider  03 Jul 2008
Government minister warns current voluntary plans could be too ambitious  26 Jun 2008

All Online
Tags: File-sharing, Peer-to-peer, Carphone-warehouse, Talktalk, Lord-mandelson, 3-strikes-rule, Digital-economy-bill

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