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24 April 2008 / John Linneker , Huw Morris
Issue: 7318 / Categories: Features , Media , Public , Constitutional law
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An impossible task?

How feasible is it for internet service providers to police the internet? John Linneker and Huw Morris investigate

 

 

French President Nicolas Sarkozy recently commented that internet service providers (ISPs) should be held accountable for illegal downloading and file-sharing, since it would be absurd to send millions of infringers to prison. But is the system truly enforceable?

There has been much coverage in the press about a government proposal to force ISPs to monitor their customers to tackle illegal downloading. A recent paper from the Department for Culture, Media and Sport warns that to protect the creative industries in the digital age, ISPs and rights holders should work together to combat copyright infringement. Failure to reach a mutual regulatory agreement would result in the government implementing legislation in 2009. An agreement between ISPs, media companies and industry bodies was introduced in in November 2007. While it has been applauded by music and film industries around the world, its success has yet to be seen.

 

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Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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