ISPA is worried that Ofcom are placing too much on the shoulders of ISP's under the initial obligations code being put forward to deal with copyright infringement. The Digital Economy Act requires Ofcom to deal with illegal file sharers and it is implementing a code of practice to define the steps that will be required of ISPs.
Due to the lack of consultation time, and the rushed nature of this code and also the bill that brought it into action, ISPA believe that a soft launch of the code would help make it fairer and more proportionate. ISPA have raised concerns through the consultation process and it is expected that many other parties may have done similar. If this code is to receive proper scrutiny then it will need to be rushed through consultation.
"A soft launch of the Code will mean that a more effective, proportionate and fair Code can be developed on the basis of early experience of a notifications system. This will provide Parliament with opportunities for scrutiny before a fully-fledged Code is introduced.
Ofcom has been put in a difficult position by the Act in terms of the timetable it has been handed, but ISPA is concerned that a code that is rushed out will have a disproportionate impact on the Internet industry and its consumers."Nicholas Lansman, (Secretary General) ISPA