Don’t cut net access, EC warns Spain

Tuesday, November 24, 2009 5:31 PST -08:00   News  


The European Commission says it’ll get tough with Spain if the country tries to disconnect “content pirates”.

Earlier today, “European legislators have given the green light to new rules which decree users’ can still be cut off, but only after a ‘prior, fair and impartial procedure’ which gives them ‘the opportunity to state their case and respects the principles of presumption of innocence and the right to privacy’ has been completed”, said p2pnet.

But, “an EU statement outlining the decision doesn’t say what the ‘fair and impartial procedure’ will comprise, or who will decide user rights have indeed been upheld, or by what means”, we pointed out.

Now, “Repression alone will certainly not solve the problem of internet piracy; it may in many ways even run counter to the rights and freedoms which are part of Europe’s values since the French Revolution,” says information society commissioner Vivian Reding (right).

She was addessing the Spanish Telecommunications Market Commission (CMT) in Barcelona telecoms, today, says the EU Observer, going on, “France introduced new legislation that cuts off internet access to copyright scofflaws and the UK is expected to present similar legislation in the coming weeks.”

However, whether Britain will indeed be able to launch its version of the corporate entertainment industry’s Three Strikes scheme is very much open to question.

Meanwhile, Spain is “also understood to be looking into such measures, but the government has yet to announce any new laws,” says the story.

Reding has been “following with interest the discussions in Spain” and has warned the government not to consider measures that ran afoul of the European-level protections of the rights of internet users, says the EU Observer, continuing »»»

The commissioner then went on to criticise France’s ‘Hadopi’ law, so-called for the government agency tasked with the struggle against internet piracy. The agency first sends a warning email to a suspected pirate, then a letter in the post and then a special copyright judge orders the suspension of access.

“The case of France has shown that national constitutional law may raise even more immediate barriers,” she said.

“I therefore invite the Spanish authorities to consult very closely with the European Commission before heading into a direction which could soon turn out to be a blind alley,” she adds the story.

“Repression alone will certainly not solve the problem of internet piracy; it may in many ways even run counter to the rights and freedoms which are part of Europe’s values since the French Revolution,” information society commissioner Reding told a conference of the Spanish Telecommunications Market Commission (CMT) in Barcelona telecoms on Monday.

Viviane Reding has warned that internet cut-off runs counter to EU telecoms law (Photo: Flickr)

“If Spain cuts off internet access without a procedure in front of a judge, it would certainly run into conflict with the European Commission,” she said.

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