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Eircom’s ‘three-strikes’ may be out
14 March 2010 By Adrian Weckler
Eircom has not yet implemented its controversial three strikes rule against any file sharers, according to a spokesman for the company.
The rule, which was adopted over a year ago by Eircom in answer to legal pressure from music companies, compels Eircom to disconnect customers who are suspected of downloading or swapping copyrighted work online, such as films or music.
Music companies are currently seeking to apply legal pressure on other Irish internet service providers (ISPs) to follow the three-strikes principle. However, the European Parliament has thrown a roadblock in the way of a three-strikes law being adopted in Ireland.
In a vote last week, the parliament censured the European Commission’s rumoured plan on including a three-strikes law as part of a new global treaty on fighting copyright theft, the AntiCounterfeiting Trade Agreement (Acta).
The three-strikes principle has been criticised by ISPs and internet freedom advocates, as it operates outside the jurisdiction of a court of law.
In censuring the European Commission, the European Parliament’s motion stated that ‘‘the proposed [Acta] agreement should not make it possible for any so-called ‘three-strikes’ procedures to be imposed’’ and that it ‘‘must include the stipulation that the closing-off of an individual’s internet access shall be subject to prior examination by a court’’.
This echoes lobbying efforts by Irish and European ISP organisations to resist a disconnection law outside the purvue of a legal court. The parliament’s move reflects concerns voiced by Europe’s telecoms commissioner, Viviane Reding, earlier this year." Three-strikes laws, which could cut off internet access without a prior fair and impartial procedure or without effective and timely judicial review, will certainly not become part of European law," Reding said.
UPC is under similar legal pressure from music companies in Ireland to follow Eircom’s example, but has so far resisted implementation of the three-strikes rule.
When the Acta treaty is concluded by the European Commission, it must be presented before the European Parliament for ratification. The parliament cannot amend the legislation, but it can reject it, scuppering any global anti copyright treaty.
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