The British government appears set to rule out forcing Internet providers to cut off access to users who download copyrighted material illegally. Instead it’s understood to be considering “technical solutions”, which may mean slowing down access.

Andy Burnham (pictured) – who was until today head of the Department of Culture, Media and Sport, which is responsible for Internet policy – said yesterday that cutting users off was not the Government’s ‘preferred option’. He instead talked about plans to force firms to send warning letters to repeat offenders (though it’s not clear what threats would actually back the warnings).

A spokesman for the department said such plans could “ be backed up by new powers for Ofcom to impose ‘technical solutions’ for repeat offenders if that process of sending out letters was not effective enough.” Ofcom is the government agency which regulates internet firms among other communications companies.

The BBC reports that analysts believe this would take the form of companies slowing access to users who refused to cease downloading. This is certainly technically possible as one provider, Virgin, already slows access to users who download more than a set amount of data during peak periods. It’s likely to be a more popular solution with Internet firms who were reluctant to cut off access to customers without a court order to do so.

The policy change may also be a legal necessity. A recent decision by the European Parliament is being widely interpreted as meaning national governments in Europe can’t use disconnection as a punishment unless there’s a full judicial process allowing those affected to appeal in a courtroom. Slowing down access would likely not come under such restrictions.

There may still be time for the final details to change. The measures are set to be announced on June 16 as part of an overall strategy for a ‘Digital Britain’. However, Burnham today moved to a different department and will now be replaced by Ben Bradshaw, who could conceivably make changes to the government’s plans, or delay the report until he is settled in office.

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Entry was posted on Friday, June 5th, 2009 at 3:07 pm under Legal, Piracy, Politics.

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