EC Compromise Allows Mandelson Net Cut-Off Plan

European regulators have agreed a new telecoms package that they claim will protect Internet users who face having their internet connection cut off for alleged copyright theft. But Internet freedom groups say the plan falls short of what is needed.

The new telecoms package includes an “Internet Freedom Provision”, which the authorities claim will strengthen the rights of internet users. It was formally agreed after extended debate between the EU Parliament and the Council of Ministers, concluded at around 12.45am on Thursday morning.

The provision appears to allow proposals such as those by Lord Mandelson in the UK to cut off Internet file-sharers, because it stops short of making Internet access a fundamental right. However, it follows intense debate over recent months – and that debate is not over yet.

The provision did not include “Amendment 138”, backed by the European Parliament, which would have required European ISPs to get judicial approval before cutting off any file-sharers. European national governments – including the UK – are in favour of a system that allows the police or a regulator to sever Internet access.

There have also been calls from campaigners to make Internet access a legal right, as already approved in some member states such as Finland.

But despite the conflict over how far the measures should go, EU telecoms commissioner Viviane Reding said the agreement on Internet Freedom Provision was an important victory. “It is very good news for Europe’s citizens that negotiators of the Parliament and Council last night reached agreement on a new internet freedom provision to be included in the telecoms reform package,” she said.

“This internet freedom provision is unprecedented across the globe and a strong signal that the EU takes fundamental rights very seriously, in particular when it comes to the Information Society. The agreement on the new internet freedom provision, which has the unanimous support of all negotiators, now paves the way for a swift entry into force of this telecoms reform.”

According to a statement from the European Commission, the Internet Freedom Provision – Article 1(3)a of the new Framework Directive – states that: “Measures taken by Member States regarding end-users’ access to or use of services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law.”

Although the internet freedom provision has been agreed in principle, there will be a further vote between Parliament and Council in a plenary session of the European Parliament and in the Council of Ministers by the end of November, according to the EC statement.