Ofcom unveil their new anti-piracy policy
The Act requires that the code of practice is implemented no later than eight months from Royal Assent, including approval from the European Commission.
Subject to consultation and approval, Ofcom expects the code to come into force in early 2011.
This would mean that the seven largest ISPs – BT, Talk Talk, Virgin Media, Sky, Orange, O2 and Post Office – will be covered by the code from the outset. Ofcom propose to regularly review evidence of online copyright infringement across all service providers and to extend the scope of the code if appropriate.
The code also sets out the threshold for including subscribers on a copyright infringers list which must be compiled by ISPs.
ISPs will have to record the number of notifications sent to their subscribers and maintain an anonymised list of alleged serial copyright infringers.
Copyright holders can then request information on this list and pursue a court order to identify serial infringers and take legal action against them.
Ofcom is proposing a three stage notification process for ISPs to inform subscribers of copyright infringements and proposes that subscribers which have received three notifications within a year may be included in a list requested by a copyright owner.
Ofcom say thier approach is guided by the need to protect the interests of consumers and citizens.
Ofcom will establish an independent, robust subscriber appeals mechanism for consumers who believe they have received incorrect notifications, arrangements for enforcement and dealing with industry disputes, as well as sharing the costs arising from the code.
This could spell bad news for online privacy, you can read the full summary on Ofcom’s site.
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