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Digital Economy Act will be reviewed by High Court
Wednesday 10 November 2010 15:16:50 by John Hunt

The Digital Economy Act will be reviewed by the High Court following a campaign by the UK's two largest ISPs, BT and TalkTalk, who appealed against it. A judicial review will evaluate whether the Act is legal following concerns that cutting off persistent file-sharers would be in breach of European human rights laws.

The Act has been very controversial after it was rushed through parliament without proper scrutiny at the end of the Labour government. Many ISPs and consumers have spoken out against some of the rules which were planed to help curb illegal file sharing.

"We are very pleased that the Court has recognised that our concerns about the copyright infringement provisions in the Digital Economy Act should be considered in a full hearing. The Act was rushed through Parliament in the 'wash-up' with only 6% of MPs attending the brief debate and has very serious flaws.

The provisions to try to reduce illegal file-sharing are unfair, won't work and will potentially result in millions of innocent customers who have broken no law suffering and having their privacy invaded.

We look forward to the hearing to properly assess whether the Act is legal and justifiable and so ensure that all parties have certainty on the law before proceeding."

Andrew Heaney, (Executive Director of Strategy and Regulations) TalkTalk

It is understood that the high court granted 3 of the 4 claims that the ISPs were protesting about. Full details are expected to be released later today.


Posted by cyberdoyle over 6 years ago
The whole act is a farce and can never be implemented. Chuck it out and start again?
Posted by otester over 6 years ago
Great step forward if the DEA is stuck down.
Posted by GMAN99 over 6 years ago
Another waste of taxpayers money.

1) Creating the act in the first place
2) Putting it up in court with all of the evidence & people's time that goes into it

Then ditching it altogether.

And people wonder why the country is in a mess
Posted by useful over 6 years ago
This was the brain child of Peter Mandelson. It was hatched on a boat with David Geffen. He would pocketed a lot of money & now wasting tax payer's money. Typical labour Govt. policy.
Posted by davolente over 6 years ago
I have always been extremely suspicious of Mandelson's motives after his meeting with the media mogul allegedly spawned this extremely controversial and nigh-on unworkable act. After having been previously disgraced, I believe the man is not to be trusted.
Posted by Legolash2o over 6 years ago
What happens when IPv4 addresses run out and start making users share IP addresses?
Posted by tommy45 over 6 years ago
He should of never been allowed to work in government again,what they should do is stop intervening and leave the film &music industries to their own devices after all they are powerful enough to look out for themselves aren't they no need to waist the tax payers money fighting copyright infringement
Posted by otester over 6 years ago

The whole agenda is about complete control over media, the elite doesn't like what it can't control.
Posted by Btcc22 over 6 years ago

You mean like we already do? IPV4 has been predicted to run out for a long time. There are so many wasted ranges that should be pulled back for use.

I'm sure we'll have v6 by the time it really matters anyway.
Posted by GeeTee over 6 years ago
Perhaps while they are at it they can review the current music broadcasting licensing legislation as well. Archaic to say the least and in the UK predicated on the "range" of transmission. Yet the same laws are apparently supposed to cover internet radio which can attract an international audience.

Don't expect either aspect of this to go anywhere. Too many invested interests involved.

The whole thing needs tearing down and re-writing from ground up with the current reality in mind. But no-one with the position to do so will do so as it would be career suicide.
Posted by tommy45 over 6 years ago
I know,but they will never get control of the inter webs, they can censor ect it all they want,
Posted by Somerset over 6 years ago
@tommy45 - what are 'inter webs'?
Posted by herdwick over 6 years ago
Did OFCOM ever publish the proposed "technical measures" ? I would think the Human Rights "freedom of speech" angle is easily worked around by maintaining POP3 and 256k HTTP.

HADOPI 3 over the Channel is presumably covered by the same EU rules ?
Posted by otester over 6 years ago

Censorship is control.

The sum of tyranny is the amount we are willing to put up with, with people being so docile, we are screwed.
Posted by xb0xguru over 6 years ago
FTR, it was proposed by the Labour Government but was passed with a majority vote in the House of Commons. It would have then gone through the House of Lords. Therefore before you blame one party, blame them all. I propose we sack the lot of em and re-employ on Nat. Minimum wage.
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