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What is the Digital Economy Act?

Published By Summer Murawski      Last updated on 29 March 2011

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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."

Digital Economy Act

Categories: Broadband

Tags: BT  TalkTalk  law  dea  uk isp 

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