File sharing rights adopted by the EU

2nd December, 2009 by adina
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On November 25, 2009, the European Parliament officially announced the approvement of the main measure for its telecoms package, which will also require legal rights for the persons involved in piracy cases, threatened with losing their Internet access. EU member states will only be allowed to cut off the Internet access, if it is viewed as appropriate, proportionate and necessary in a democratic society. All decisions will need a certain procedure, which allows the accused to defend themselves, but also the right to privacy and the presumptions of innocence.

This key rule is a partial reaction to the three-strikes law, in France; this doesn’t cut off access immediately (only after a third notice) and only has a “fast track” defense system. The law meets the self-defense requirement, but it is still unknown if the EU tested the compliance of the French law with its new standards.

The package also include a centralized telecoms authority, which can easier mandate EU-wide regulation; it requires the consent to use cookies for storing private data and it also requires that carriers port cellphone numbers in 24 hours of one switch. The new rules are important for the future too: they show how wireless frequencies are distributed for new services; this also includes the frequencies that will disappear when the switch to digital over-the-air TV will take place, somewhere in 2012.

All EU member states are bound to adopt the new rules before May 24th, 2011.


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