You may have recently heard of the Digital Economy Act (DEA),
but do you know what it is about? And do you know how it might
affect you?
The new legislation may easily confuse people who have been
freely surfing the web without interference before.
But, it was only a matter of time before the law attempted to
step into cyber space in order to monitor and restrict our web
usage.
Customers' casual attitudes to illegal file sharing, such as
downloading and uploading music, which may feel like a victimless
crime, could get them in trouble.
The planned enforcement of the Digital Economy Act (DEA), would
illustrate the first steps in curbing repeat offenders by
prosecuting those who breach copyright laws over the net.
Furthermore, it would be wise to make sure that if this
legislation does come into force you don't get caught red handed,
sharing your favourite episode of House, as it is not
entirely legal.
A brief history of the DEA Act
This piece of legislation was initially rushed through
parliament by Peter Mandelson, after just two hours of debate due
to the breakdown of the previous Labour Government.
Shortly after, the DEA Act received Royal Assent on the 8th of
April 2010.
It was introduced as a measure to stop illegal file sharing that
massively cost the creative industry.
A study by economics firm, TERA Consultants, estimated that in
just a year the losses for the creative industry had tipped over
£1bn.
However, since the legislation was drafted, it has never been
finalised and the creases are still being ironed out.
From online to fine:
• Imagine that you have illegally downloaded a file whether it
is the new JLS music album or an old horror movie - downloading any
file could put you at risk.
• It is important to be careful of any file on the web as it is
sometimes hard to tell whether downloading something is
illegal.
• The law-breaking part actually comes specifically from the
source not having the permission of the copyright holder to put it
online in the first place.
• Whilst you are leisurely enjoying the content, providers could
be on the hunt ready to pounce on copyright breaches.
• Once discovered the ISPs may be asked to reveal your IP
address which could uncover your location.
• With this information action could then be taken against
you.
• The first step is a notification letter sent to your home.
• If this warning is not heeded then you could have your
internet speeds slowed down.
• Persistent offenders may have their connection temporarily
suspended.
The criticisms
The DEA Act is currently being reworked after it faced a barrage
of criticisms from ISPs, such as TalkTalk and BT.
The broadband providers went to court and won a judicial review
as they called for the Act to be revoked due to being "seriously
flawed", and because according to them the method of pinpointing IP
addresses was "unreliable".
BT and TalkTalk suggested the accuracy of the detection method
was marred due to the use of public Wi-Fi networks and unlocked
connections could lead to innocent customers becoming the
target.
Furthermore, the ISPs said that the Act wasn't compliant with EU
law, as it breached subscribers' privacy.
Moreover, to add insult to injury, if this was to go ahead, the
broadband providers would incur a quarter of the costs outlined by
the DEA Act.
Also, ISPs would be required to react when illegal file sharing
was merely suspected, which could potentially lead to dead
ends.
The future of the DEA Act
Currently the Act faces another two years of tweaks before it
will becomes implemented.
In addition, the Coalition Government has made it clear that it
had no plans to revoke the Act.
In an interview with PC Pro, Eric Joyce, Labour MP for Falkirk
and Chair of the Digital Economy All Party Parliamentary Group
said:
"With the rights holders having won all the battles when it
went through, they may now have to accept some
adjustments."
