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  (Source: googleusercontent.com)
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 It went on to say that the disconnection of internet users is something that should be repealed, but nevertheless, Italy is trying to move its bill along.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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RE: Really?
By icemansims on 9/23/2011 11:14:45 AM , Rating: 2
quote:
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.


"So, I think the same thing of the music industry. They can't say that they're losing money, you know what I'm saying. They just probably don't have the same surplus that they had." -- Wu-Tang Clan founder RZA














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