Submission + - EU telecom package done. No three strikes and out!
a_n_d_e_r_s writes: The battle was hard but the final text do ensure that people in EU are not disconnected from the Internet without a chance to get a prior fair and impartial hearing. The important part are:
"Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy. A prior fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with European Convention for the Protection of Human Rights and Fundamental Freedoms. The right to an effective and timely judicial review shall be guaranteed."
This means that if someone is accused of copyright infringement they can't just be disconnect from Internet. It let the accused get a chance to disagree and take it to court before being disconnected. The urgency clause also means that if a computer is part of a ongoing DDOS it can get disconnected from the Internet. Now this has to be implemented into the EU nations own national law so the final ruling how this will be implemented is not out yet. But overall it looks like a great success in stopping informal three strikes and then you are disconnected since it gives the consumers the right to stop this by going to a court of Law too keep their Internet connection.
You can read the full text on Christian Engströms Pirat MEP blogg at http://christianengstrom.wordpress.com/2009/11/05/telecom-package-final-agreed-text/
Now only the administrative tasks to get a final approval from the member countries ministers and the EU parlament — but that looks to be like more of a formality then a real hinder since the text has been approved by all important parties in these assemblies.
"Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy. A prior fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with European Convention for the Protection of Human Rights and Fundamental Freedoms. The right to an effective and timely judicial review shall be guaranteed."
This means that if someone is accused of copyright infringement they can't just be disconnect from Internet. It let the accused get a chance to disagree and take it to court before being disconnected. The urgency clause also means that if a computer is part of a ongoing DDOS it can get disconnected from the Internet. Now this has to be implemented into the EU nations own national law so the final ruling how this will be implemented is not out yet. But overall it looks like a great success in stopping informal three strikes and then you are disconnected since it gives the consumers the right to stop this by going to a court of Law too keep their Internet connection.
You can read the full text on Christian Engströms Pirat MEP blogg at http://christianengstrom.wordpress.com/2009/11/05/telecom-package-final-agreed-text/
Now only the administrative tasks to get a final approval from the member countries ministers and the EU parlament — but that looks to be like more of a formality then a real hinder since the text has been approved by all important parties in these assemblies.
