Local ISPs must stop illegal downloading, says regulator
Wednesday 2nd September 2009, 2:29PM BST.
GUERNSEY’S internet providers must take their own steps to try to prevent people downloading material illegally, the island’s regulator has confirmed.
John Curran (pictured), director-general of the Office of Utility Regulation, said local internet providers had to satisfy themselves whether their services might be facilitating illegal activity.
‘While we have received no complaints relating to the type of activity referred to, should the situation arise we would have to consider whether removing access to the internet for offenders is an appropriate or proportionate penalty, particularly as the OUR may only impose a sanction on the licensed operator and not on its individual customers,’ he said.
‘The universal service obligation set by the States requires that all consumers in the Bailiwick can have access to a connection capable of accessing the internet.
‘Therefore, we would need to consider how such a penalty, if it were to be considered, would sit with the USO requirements.
‘We would also have to consider how, from a purely practical perspective, such a penalty could be enforced.’
Both Wave and Cable and Wireless said they would closely monitor the developments in the UK.
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I’d like to see the proposals for monitoring so called “illegal activities” and how the OUR propose the ISPs implement such monitoring.
As an IT engineer myself I can’t help but feel that the less technical savvy people will end up being punished here whilst those who have a clue will still easily find ways to access illegal downloads regardless yet everyone will suffer the performance, restrictions and intrusion forced upon them by these bandwagon regulators, with minimal knowledge of the long term impact passing regulations like this will have.
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Just how would the checking be done and by whom. Doesnt that go against the invasion of privacy, and even more so the data privacy act? Just how far would you take the term “illegal downloads” and just what would be classed as illegal downloads.
Would it not be a case of mainly downloading the odd bit of software or a film or a song from certain sites such as peer to peer file shares that would be in this class, but please feel free to correct me but…. Guernsey doesnt have ANY copyright laws! so you cant be tried in a guernsey court for piracy.
Whom ever is putting the pressure on would have to take you to a court in which ever country which means costs etc. Costs wont stop that from happening as whom ever is claiming WILL have the pennies to persue through the right channels. it would also mean a heavy pressure on the ISP as well.
Think the OUR need to think things through clearly before they mention any more, and make it clear to every one how they intend to monitor who downloads what, where and when.
When all is said and done by the OUR, it should be the turn of the ISP to send out the information on how it intends to monitor and what they are looking for exactly in each of its 1000′s of users that are online all at once. Surely, there must be a cost involved in that, and if there is, who is going to pay for it?!?
Just my thoughts is all so feel free to correct if im wrong.
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It is good to see that instead of sorting out the local monopoly on ADSL lines, insane data roaming charges and other well known issues that the OUR are wasting time putting out useless press releases about items they “have received no complaints relating to the type of activity referred to”.
How about they investigate the complaints they already have before speculating on new regulation.
However while on the subject of illegal downloaders.
a) If somebody is downloading illegally then the Police should be dealing with it, not the ISPs
b) Any ISP will turn over customer information relating to an investigation should the Police provide a court order
c) There is an urban myth that Guernsey has never had this type of copyright case tested in court, I’m not sure on this – maybe somebody of the legal profession could clarify.
d) Any system put in place to attempt to monitor and block specific activity on the internet is a waste of time – anyone competent will find a way round it and once the techniques are known will filter down to the general population. This will propagate an “arms race” between providers and customers and benefit nobody.
I’ve been following recent discussions on privacy, censorship and activity monitoring related to the internet and would rather see the existing legal framework used properly instead of a “Big Brother” network activity monitoring system.
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