BT and TalkTalk seeking judicial review of Digital Economy Act
The BBC is reporting this morning that BT and TalkTalk are seeking a judicial review of the Digital Economy Act. This controversial piece of legislation was passed in the last few minutes of the previous parliament during the 'wash-up', leading many to argue that it is simply 'bad law'.
Ofcom has been consulting on the Draft Initial Obligation Code that will govern how service providers receive and process Copyright Infringement Notices from rights holders.
TalkTalk argue that by restricting the code to service providers with over 400,000 customers, they are putting those larger providers 'at a business disadvantage. There are also concerns that the legislation may conflict with the EU e-commerce directive which regards ISPs as 'mere conduits', meaning they should not be held responsible for the content that passes through their network.
The government has indicated its intention not to repeal the Digital Economy Act and believes it is 'consistent' with EU legislation as sufficient safeguards are in place to protect both consumers and ISPs.
More detail on BBC News.