Post Tagged with: "graduated response"

Estimating The Cost of a Three-Strikes and You’re Out System

Canadian officials travel to Guadalajara, Mexico this week to resume negotiations on the still-secret Anti-Counterfeiting Trade Agreement.  The discussion is likely to turn to the prospect of supporting three-strikes and you’re out systems that could result in thousands of people losing access to the Internet based on three allegations of copyright infringement. Leaked ACTA documents indicate that encouraging the adoption of three-strikes – often euphemistically described as "graduated response" for the way Internet providers gradually send increasingly threatening warnings to subscribers – has been proposed for possible inclusion in the treaty.

My weekly technology law column (Toronto Star version, homepage version) notes that while supporters claim that three-strikes is garnering increasing international acceptance, the truth is implementation in many countries is a mixed bag.  Countries such as Germany and Spain have rejected it, acknowledging criticisms that loss of Internet access for up to a year for an entire household is a disproportionate punishment for unproven, non-commercial infringement.

Those countries that have ventured forward have faced formidable barriers.  New Zealand withdrew a three-strikes proposal in the face of public protests (a much watered-down version was floated at the end of last year), the UK's proposal has been hit with hundreds of proposed amendments at the House of Lords, and France's adventure with three-strikes has included initial defeat in the French National Assembly, a Constitutional Court ruling that the plan was unconstitutional, and delayed implementation due to privacy concerns from the country's data protection commissioner.

Much of the three-strikes debate has focused on its impact on Internet users, yet the price of establishing such systems have scarcely been discussed.  That may be changing due to the UK government's own estimates on the likely costs borne by Internet providers and taxpayers in establishing and maintaining a three-strikes system.

Read more ›

January 26, 2010 14 comments Columns

Three Strikes and You’re Out System Would Come At a Big Price

Appeared in the Toronto Star on January 25, 2010 as Three Strikes And You're Out System Draw Cries of Foul From Governments Canadian officials travel to Guadalajara, Mexico this week to resume negotiations on the still-secret Anti-Counterfeiting Trade Agreement.  The discussion is likely to turn to the prospect of supporting […]

Read more ›

January 25, 2010 Comments are Disabled Columns Archive

Verizon Reportedly Terminating Subscriber Access Following Repeat Infringement Claims

CNET reports that U.S. ISP Verizon has begun terminating service for some subscribers alleged to have repeatedly infringed copyright.  While this is not quite three strikes and you're out – a subscriber can always go to another ISP – the lack of due process is very disturbing. Update: Comment notes […]

Read more ›

January 21, 2010 2 comments News

Opposition Mounts in Europe To Three-Strikes Proposals

Multiple reports today indicate that opposition is growing in Europe to plans for three-strikes policies that could lead to the termination of Internet access for some subscribers.  In the U.K., protests are mounting over those plans in the recently introduced Digital Economy Bill.  The BBC reports that thousands of people have signed a petition urging the government to reconsider its approach, while the Open Rights Group says it has seen a big spike in membership.  The UK's Internet Service Provider Association has unsurprisingly voiced its opposition, stating "rather than focusing blindly on enforcement, the government should be asking rights holders to reform the licensing framework so that legal content can be distributed online to consumers in a way that they are clearly demanding."  The Telegraph reports popular author Stephen Fry has lent his support to opposing the bill, vowing to urge people to sign the petition until a million people have signed on.

Meanwhile, European Union Telecom Commissioner Vivianne Reding has warned Spain against adopting a three-strikes model without a procedure before a judge.  Reding added:

Read more ›

November 24, 2009 2 comments News

UK To Introduce Three Strikes Policy

UK Business Secretary Peter Mandelson has announced that his government will go ahead with a three-strikes and you're out policy similar to the one recently introduced in France.

Read more ›

October 28, 2009 4 comments News