Three-strikes-you’re-off-the-net plans voted down due to concerns over civil liberties
Plans to throw persistent file-sharers off the net were derailed last week, with European politicians choosing to vote against a move that many feared would conflict with civil liberties and human rights.
The so-called “shunning ritual,” an end result of a three-strikes punishment system favored by the content industry, a handful of ISPs, and President Nicolas Sarkozy of France, would see pirates caught three times thrown off the net permanently.
The plan originated in France after a series of discussions between the French government and the country’s music and internet industries. It is believed to have spread beyond France’s borders by evangelists for the International Federation of the Phonographic Industry (IFPI), which represents the music industry in 73 different countries.
“As people spend more time talking and understanding the problems, I think they have generally decided there is no easy solution and this is one of the most attractive,” said IFPI executive John Kennedy.
ISPs aren’t keen to play cyber-cops, however, and the three strikes plan has met a fair amount of resistance, both from internet providers and consumer groups.
While the a French version of the plan is set to hit the country’s parliament this May, similar support in the UK stalled as internet providers expressed their reluctance.
“The complexity of what’s being discussed is being vastly underestimated by most of the parties,” said Joe McNamee of the European Internet Services Providers Association. “There is a right to a fair trial in the European convention on human rights. So what’s permissible?”
Kennedy claims internet providers are filibustering: “Let's talk,” he says. “Let's seem to be talking. If we can set up a committee, cancel at the last minute. Anything but really engage.”
The European parliament vote isn’t legally binding on its member countries, however, and individual nations are free to implement rules however they see fit. The New York Times called the vote “symbolic,” noting that the opposition more or less reflects the overall sentiment of the EU’s members. This could shift when France assumes the EU presidency later this year, with many expecting Sarkozy to heavily promote the plan.
