Submission + - UK Digital Economy Act judicial review (bbc.co.uk)
rescendent writes: TalkTalk and BT's challenge of the Digital Economy Act has now been granted judicial review by the High Court. A judge will now scrutinise whether the act is legal and justifiable, and could make wide-ranging recommendations. BT and TalkTalk argued that the legislation had been "rushed through parliament" before the election.
A judge will conduct a full review in February, considering whether the parts of the act that deal with illegal file-sharing are in breach of the e-commerce directive, which rules that ISPs cannot be held liable for traffic on their networks. The act will also be measured against EU privacy and technical standards legislation. Depending on the judge's ruling, the government may be forced to change or even scrap the legislation.
A judge will conduct a full review in February, considering whether the parts of the act that deal with illegal file-sharing are in breach of the e-commerce directive, which rules that ISPs cannot be held liable for traffic on their networks. The act will also be measured against EU privacy and technical standards legislation. Depending on the judge's ruling, the government may be forced to change or even scrap the legislation.