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A new proposal shows that the UK Government has given in to the pressure of right holders who have complained that the measures proposed by the 'Digital Britain' report were not powerful enough "to have a significant deterrent effect on infringing behaviour".

The new proposals would allow Lord Peter Mandelson, UK Secretary of State, to approve automated sanctions against file-sharers (so basically a three strikes scheme) and thus, practically, placing the regulator Ofcom under Mandelson's orders. Apparently, this follows a meeting between Lord Mandelson and the David Geffen, head of Steven Spielberg's Dreamworks Studio.

The new proposal also takes into consideration British Recorded Music Industry's amendment addressed to the Copyright, Designs and Patents Act proposing that ISPs should be made liable for copyright infringement and obliged to introduce measures against infringers.

BIS seems to take for granted the opinion of the industry that all file-sharing is unlawful and that the right solution is represented by technical measures which actually imply automated network technology to block websites and user connections.

One of these technical measures is what is called the deep packet inspection implying the opening by the ISP of each data package. After checking out the package content, the ISP can decide on interrupting the communication. This is actually legal interception and is not allowed under EU laws including the UK law. Technical measures are infringing Amendment 138 of the EU Telecoms Package but all this does not seem to concern the UK Government.

In line with EU Commissioner Viviane Reding's opinion expressed in July at the Ludwig Erhard Lecture 2009 Lisbon Council in Brussels, UK MEP Tom Watson, who has joined the online copyright enforcement debate, believes drastic measures such as the automated suspension of the Internet connection are not the best methods to deal with illegal file-sharing. In his opinion, the policy-makers should rather consider assisting companies in creating new business models and setting up efficient alternative distribution structures for online music and entertainment works.

Mr Watson considers the technical measures are only in favour of an industry that is not ready to change and that the government should find ways to promote innovation and deal with the changes in the entertainment business which develop along with the development of the IT technology.

UK 3-strikes - MP urges consultancy not censorship (20.08.2009)
http://www.iptegrity.com/index.php?option=com_content&task=view&am...

Mandelson to sit in judgement on UK file-sharers (25.08.2009)
http://www.iptegrity.com/index.php?option=com_content&task=view&am...

Government details how Digital Britain Report will become reality (18.08.2009)
http://www.out-law.com/page-10300

UK anti-filesharing plans get the Mandelson touch (17.08.2009)
http://www.iptegrity.com/index.php?option=com_content&task=view&am...

Digital Britain: Government vows to cut illegal file-sharing by 70% (16.06.2009)
http://www.out-law.com/page-10097

BIS Implementation Plan of Digital Britain (08.2009)
http://www.culture.gov.uk/images/publications/DB_ImplementationPlanv6_...

Internet cut-off threat for illegal downloaders (25.08.2009)
http://www.guardian.co.uk/technology/2009/aug/25/file-sharing-internet

EDRI-gram: EU Commissioner: Current business models encourage illegal file-sharing (15.07.2009)
http://www.edri.org/edri-gram/number7.14/reding-business-models-encour...