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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 It went on to say that the disconnection of internet users is something that should be repealed, but nevertheless, Italy is trying to move its bill along.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: As it should be
By Natch on 9/23/2011 1:50:27 PM , Rating: 2
quote:
"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!


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