The EU Parliament has dropped a proposed changed in the Telecoms Package relating to protection of consumers from being cut off for unlawfully sharing files online. Amendment 138 sought to safeguard the rights of individual users against being cut off or having their access restricted.
"Any such measures liable to restrict those fundamental rights or freedoms may only be taken in exceptional circumstances and imposed if they are necessary, appropriate and proportionate within a democratic society, and shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with general principles of Community law, including effective judicial protection and due process.
In particular, any measures may only be adopted as a result of a prior, fair and impartial procedure ensuring inter alia that the principle of presumption of innocence and the right to be heard of the person or persons concerned be fully respected. Furthermore, the right to an effective and timely judicial review shall be guaranteed."Amendment 138, as originally proposed
ISPreview quotes Jérémie Zimmermann from La Quadrature du Net, arguing that ministers of national governments "want to be able to regulate the Net without interference from the judiciary, were rushing to kill amendment 138 and put an end to the negotiations." Meanwhile, TheRegister reports that the UK's intelligence services are worried that these plans will result in increased used of encryption, which in turn will make it more difficult for them to intercept and analyse Internet traffic.