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The draft law would require ISPs to "blacklist" citizens who are only suspected of copyright, patent or trademark infringement, and if ISPs are not compliant with the law, they could be held liable under civil law

While the U.S. recently rolled out a six strikes plan for copyright enforcement by internet service providers (ISPs), Italy has taken this a step further by drafting an anti-piracy law that would require ISPs to use filters against copyright, patent or trademark infringements that fall under the terms of the law -- or users could lose their internet access after only one strike.

Earlier this year, the UN's Human Rights Council released a report that said internet access is a human right. It went on to say that the disconnection of internet users is something that should be repealed, but nevertheless, Italy is trying to move its bill along.

TorrentFreak reports that the bill, consisting of proposed changes to Italy's e-commerce directive, was drafted by members of the parliament belonging to the ll Popolo della Libertà (PdL) party of Prime Minister Silvio Berlusconi this past July. 

The draft law has many ISPs and Italian citizens worried. Paolo Brini, a spokesperson for a movement committed to copyright reform called ScambioEtico, confirmed this one strike internet law, saying that Italian citizens could be disconnected from the internet entirely if the ISP filter picks up an alleged copyright, patent or trademark infringement. 

"Some parts of the draft law are clearly not applicable in real life, while others have the power to crumble ISPs and hosting e-commerce," said Brini. "It is very interesting to note that this draft law is compliant to one of the older versions of ACTA, the Anti Counterfeiting Trade Agreement.

"I firmly think that this is a 'green light' toward one-strike disconnections for any kind of infringement, not only disconnections for industrial property rights infringements."

The draft law would require ISPs to "blacklist" citizens who are only suspected of copyright, patent or trademark infringement. If 
ISPs are not compliant with the law, they could be held liable under civil law. 

One serious issue is that the text in question rules out any judiciary steps when it comes to copyright infringement on the internet. It could harm both ISPs, who would be 
civilly and criminally responsible in these cases, as well as citizens who would be "organs of the police" according to ICT lawyer Fulvio Sarzana.

While it's possible that the bill could go nowhere and eventually be forgotten, Brini and Sarzana say it is progressing unusually quickly for a law that was not drafted by the government. 

Marietje Schaake, member of the European Parliament, has asked the EU Commission if Italy can legally enact a bill that allows for only one strike and your out. 

"Via the press, it has come to my attention that the Italian Parliament is currently considering a draft law by which internet users can be disconnected and blacklisted if they have been accused on an intellectual property infringement. The accusation does not necessarily need to originate from the rights holder of the work in question." 

Schaake also noted that the new draft law violates many EU laws.

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By MrTeal on 9/23/2011 10:42:24 AM , Rating: 4
Earlier this year, the UN's Human Rights Council released a report that said internet access is a human right.

I think I'd go into withdrawals if I lost internet access cold turkey, but a human right? I get that access to information is important, but the internet is not to sole repository of human knowledge. Way to step way beyond your bounds again, UN.

As for Italy, that has to be one of the worst anti-piracy bills I've ever heard of. Blacklisted for suspicion of piracy? Once? I guess Italian villas on the Mediterranean don't pay for themselves.

RE: Really?
By kattanna on 9/23/2011 10:55:47 AM , Rating: 2
LOL aye.

when people have open and unhindered access to food, energy and medicine worldwide, then i might concern myself with internet access.

A starving child cannot enjoy porn as he is took weak from hunger or sick from disease

RE: Really?
By V-Money on 9/23/2011 4:02:04 PM , Rating: 1
I think it is up to that starving child to decide what he/she enjoys or not. Why do people in civilized nations always assume they know what people in other places want or need.

RE: Really?
By inighthawki on 9/23/2011 4:36:30 PM , Rating: 3
So what you're saying is those "civilized" countries should stop sending food and medication to countries in need, and instead give them what they ask for? Oh right, that's still food and medicine anyway...

Clearly you have never been in the position of eating nothing but mud cookies and very little water for a week. When you have come back and let us know that you still would rather have a laptop than food.

RE: Really?
By Xcpus on 9/24/2011 3:35:48 PM , Rating: 2
The Internet is the market place. The Internet is a means of production in this ever more conceptual economic model.

To claim that the Internet is not a human right is to oppose the idea of free markets. Remember the production model is no longer predominantly based on manufacturing alone... this changed with the rise of the servicing economy led by Thatcher, Mulroney and Reagan respectively.

RE: Really?
By inighthawki on 9/23/2011 10:59:05 AM , Rating: 4
While I mostly agree, you also have to remember that we now live in a digital world. A place where transferring information and communicating is often done via things like email, IM, etc. Being cutoff to a technology that most of the world now RELIES on for day to day tasks can severely cripple a person. Sure it's not going to kill you if you don't have it, but it's so commonplace that it is pretty much a requirement to have in most areas of the world.

RE: Really?
By Motoman on 9/23/2011 11:07:15 AM , Rating: 3
I think I'd go into withdrawals if I lost internet access cold turkey, but a human right?

...kind of how I view things like the One Laptop per Child thing...

"Oh, these poor, starving children need computers!"

No...they need Big Macs.

RE: Really?
By icemansims on 9/23/2011 11:14:45 AM , Rating: 2
I think I'd go into withdrawals if I lost internet access cold turkey, but a human right? I get that access to information is important, but the internet is not to sole repository of human knowledge. Way to step way beyond your bounds again, UN.

I don't agree with you. The thought behind this is that, just as information dissemination moved from Print to Radio to Television, it is now moving to computers and the internet. The basic human right they're talking about here is the right to basically be informed of what is currently going on around you.

RE: Really?
By MrTeal on 9/23/2011 11:41:49 AM , Rating: 4
I didn't realize that in the past that access to TV was a basic human right. My bad.

RE: Really?
By inighthawki on 9/23/2011 3:18:52 PM , Rating: 2
I think he was more referring to the move of putting news broadcasts on local news stations that used to be on the radio or print, not the right to watch comedy central or starz super pack on a 60" mounted flat panel.

RE: Really?
By TeXWiller on 9/23/2011 8:05:50 PM , Rating: 2
Technically, it's about the political rights and the responsibility of the governments to protect and enable the equal use of political rights by limiting interference to exercising of such rights.

I think the UN should mention the social rights in the characterization of the role of the internet as well as they talk so much about prevention of human trafficking, exploitation, equal access and the ability to participate in the society. There is no participation without the sufficient education, knowledge of the issues and the existence of a channel of participation and no end to human exploitation and trafficking without the empowerment of the victims through knowledge available from channels like the internet.

Then again, social rights have not been agreeable for some countries like political rights have not been for others.

RE: Really?
By TSS on 9/23/2011 11:46:58 AM , Rating: 3
I know i'll get withdrawl because it's already happened. My internet cable outside my building got damaged during some construction work and i had to go without internet for 2 weeks and a day. since i've got digital television, my TV didn't work for the same period as well.

First you'll feel restless and anxious. After a while you'll get physical headaches and go into a state of depression. After bout a week and a half, you'll actually start going crazy. Simply because in the real world there is nothing that can give you as much information in as little time as internet does. Reading a book, playing real world games, watching movies stored on your PC.... nothing makes you think as hard as fast as digital stuff.

I'm not sure i can classify it as withdrawl either. It's more like hunger. I quit smoking 2 weeks ago, so i know withdrawl from drugs and it's different. Once your mentally prepared for it, dealing with the physical consequences is easy. Basically if you don't mind sweating your not gonna have problems quitting smoking.

But quitting the internet feels like quitting food. Your body needs the constant stream of information just as much as it needs food to survive. My entire brain has adapted around dealing with large volumes of impulses in short periods of time. I'd almost call it reverse epilepsi when that input is taken away.

I've quit smoking twice now. I consider it no big deal. But quitting the internet, even for a month.... i'm not even going to attempt it. Too afraid of the consequences.

Take it from me, internet SHOULDN'T BE a human right, even if it is. It's dangerous and should be handled with care. I'm seriously not even sure what to do with my kids (once i have them) and internet. Do i introduce them at an early age, making sure they have an advantage in the digital age, or do i keep them away from internet so they can still function without it?

I can't function without internet anymore. To be fair - i always used to have a fast and troubled mind so for me it's been a godsend, i've never been good at being bored anyway. But with kids... i don't know. all i can say is "be responsible". Make sure they can handle boredom. God knows i sure can't.

RE: Really?
By foolsgambit11 on 9/24/2011 1:21:28 AM , Rating: 2
Obviously, they don't mean that it is the government's responsibility to provide you with internet, only that it would be a violation of your human rights to withhold the internet from you without due process of law.

As it should be
By Beenthere on 9/23/11, Rating: 0
RE: As it should be
By bigboxes on 9/23/2011 12:19:03 PM , Rating: 2
Shouldn't you be out trolling in an AMD thread. What' with you and your moronic posts? Isn't it time you grew up?

RE: As it should be
By Invane on 9/23/2011 12:20:48 PM , Rating: 3
Ah yes, bring on the police state where they don't have to even prove you downloaded anything.

You're missing the fundamental problem with these types of laws. They are removing the 'innocent until proven guilty' presumption. This opens the door to no end of abuse of power. Is copyright infringement wrong? Yes. But I'm god damn tired of them taking my money and my rights to make government police for the media companies.

Get some balls. Start defending your rights before they are stripped from you. It's people like YOU that concern me the most, far more than some 'pirate' downloading the latest Justin Bieber track.

RE: As it should be
By Natch on 9/23/2011 1:50:27 PM , Rating: 2
"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." -Benjamin Franklin

Truer words were never spoken. If you give up your right to be considered innocent, how long will it be before the jack booted thugs are coming around, telling you that you're not as good as they are, putting you into their ghettos, and tattooing numbers on your arm before sending you to the gas chambers? It's happened before, there's no reason to believe it won't happen again.

Of course, after watching the fiasco of a trial that Amanda Knox went through, we all know what a joke the Italian legal system can be!

RE: As it should be
By V-Money on 9/23/2011 3:58:43 PM , Rating: 2
Do you even realize the implications of something as ludicrous as this being passed or are you really just an ignorant troll as others suggest. This would affect almost everyone who uses media, not just 'pirates' as you claim. Its fools like you that are destroying our nation with petty litigation because you don't understand something, therefore you will support whoever labels the other guys as the bad guys. Of course, I'll be laughing when you end up getting hauled to jail for copying a cd to your computer (which with support from people like you can be an eventual reality) and get gangraped by anonymous prisoners.

By NellyFromMA on 9/23/2011 11:15:55 AM , Rating: 2
Italy's economic forecast is so awful they are trying to shore up funds any way they can. Maybe they should stop the cultural practice of allowing there children to stay home until their 30's-40's like I read about the other day and perhaps they will be alittle more ambitious.

haha sorry, I'm mostly just kidding. Lame litigation though.

RE: lol...
By tastyratz on 9/23/2011 12:22:11 PM , Rating: 2
shore up funds how? by crippling their ecommerce?
Just imagine if you could not buy things on the internet as a consumer. You can get by with local stores, but would likely purchase less actual goods spreading funds thicker to local retailers. Many businesses exist solely on the internet now

and on that respect, How are businesses treated? If a major corporation does not know what individual violated copyright law, do they shut off the company? What about small business they cant have an internet connection?

I would say this bs won't hold up anywhere... but I just don't know anymore :-(

RE: lol...
By NellyFromMA on 9/23/2011 3:31:55 PM , Rating: 2
Agreed. I was being sarcastic, but evidentally they are of a different mind. I think its an act of desperation personally. An attempt at confidence boosting.

Don't know why, but.
By SlyNine on 9/23/2011 11:00:15 AM , Rating: 2
This statement

"While it's possible that the bill could go nowhere and eventually be forgotten, Brini and Sarzana say it is progressing unusually quickly for a law that was not drafted by the government."

Bugs me the most. How much power these money grubbing lobbyists have. I don't know how Italy's political system works but I have very little doubt people like the RIAA and MPAA are behind this.

RE: Don't know why, but.
By ClownPuncher on 9/23/2011 12:07:17 PM , Rating: 2
Italy's political system is a joke, you'll see their economy take a squat early next year, much like Greece, Spain, and Portugal.

By nukunukoo on 9/24/2011 10:37:20 AM , Rating: 4
Hey Italy, why don't we fix our Poor Postal Service first before going into the more complicated stuff, m'kay?

Reality bites...
By Beenthere on 9/23/11, Rating: 0
RE: Reality bites...
By bigboxes on 9/25/2011 7:27:45 AM , Rating: 2
Sure wish we could have a tard switch for trolls like you.

Apple and Samsung
By drycrust3 on 9/24/2011 4:08:32 PM , Rating: 2
ISPs to "blacklist" citizens who are only suspected of copyright, patent or trademark infringement

So Apple accuses Samsung of patent infringement and so Samsung looses their Italian website, but then Samsung accuses Apple of patent infringement so Apple looses their Italian website too.

Let them try it out then
By Miqunator on 9/25/2011 11:57:46 AM , Rating: 2
Since they seem to think this is a good idea I say let them test it, would be nice to have some solid data to show as proof of just how silly it is when some bribed politician tries it in your own country (Italians just have to take the hit).

From a personal standpoint no internet access would mean that I'd spend exactly nothing bying the things that people are accused of infringing on copyright over, either the physical copy wont work because of online activations or it was purchased digitally. I'm willing to bet I'm not alone

So what are they thinking anyway? If you pirate something you never buy anything legally?

Another funny thing is that one guy says that Internet access is a basic human right while the other tries to take away that right because of suspected copyright infringment. Human rights certainly aren't very important anymore are they?

"Nowadays, security guys break the Mac every single day. Every single day, they come out with a total exploit, your machine can be taken over totally. I dare anybody to do that once a month on the Windows machine." -- Bill Gates

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