TalkTalk: we will go to court to stop three strikes

 

Gallery

Posted on 29 Oct 2009 at 12:36

TalkTalk has reiterated that it is prepared to take legal action to block any attempt to disconnect internet users accused of illicit file sharing.

Andrew Heaney, the executive director of strategy and regulation at the Carphone Warehouse-owned ISP said that the proposals, set out yesterday by Lord Mandelson, “will lead to wrongful accusations”.

Echoing remarks made by Carphone Warehouse chief executive Charles Dunstone earlier this month, Heaney said that Mandelson’s “three strikes” infringes human rights.

"The approach is based on the principle of 'guilty until proven innocent' and substitutes proper judicial process for a kangaroo court," he told The Guardian. “TalkTalk will continue to resist any attempts to make it impose technical measures on its customers unless directed to do so by a court or recognised tribunal."

Mandelson’s proposal will allow alleged file sharers to appeal to two different tribunals, but neither will be a recognised court of law.

Other ISPs are more circumspect, though none have shown much enthusiasm for Mandelson’s proposals. BT, the UK’s largest ISP, is also concerned that accused internet users should have proper legal redress.

Both BT and TalkTalk, the UK number two, are also concerned that the cost of monitoring users, estimated at £420 million a year, is more than double the £200 million that the music industry claims it loses as a result of sharing.

But that does not concern UK Music, the industry’s new umbrella organisation. Its chief executive, Feargal Sharkey, said that ISPs must accept that the government believes they have a part to play in tackling file sharing.

“For this market to develop and for the UK’s creative industries to meet their goals and aspirations in a digital age, intervention by Government is essential,” he said. “ISPs must evolve beyond a ‘mere conduit’ status and join with us as partners in a shared digital future.”

Author: Simon Aughton