Minister warns illegal filesharers they face 'technical measures'

Three strikes and you're off the internet is too draconian, Andy Burnham tells music industry
Buzz up!
Digg it
Alexandra Topping
The Guardian, Friday 5 June 2009 00.01 BST
Article history
The government will acquire powers to apply "technical measures" to crack down on persistent illegal filesharers on the internet, the culture secretary, Andy Burnham, said today.
The government's response to problem filesharing of music and video is due to be unveiled in the Digital Britain report later this month.
Today Burnham said any solution was likely to involve a requirement that internet service providers (ISPs) notify users caught stealing digital content.
Speaking at a Music Week conference about monetising digital music, Burnham said that while a great deal could be done with voluntary measures, the government was willing to back these up with force. He said: "There will be many who don't think a simple notification would be effective and we will reserve the powers to apply technical measures for persistent offenders. Applying these measures will be a serious business, and not one we take lightly, but it is right that they are in place."
Burnham would not give details about specific measures before publication of the Digital Britain report or discuss what legal action could be taken against filesharers, but dismissed the previously floated idea of "three strikes and you're out" – in which users would have their connection cut if they continued downloading illegally – as draconian.
He said any new legislation would be overseen by Ofcom, a proposal which dismayed some music industry figures who doubt the regulator's ability to make an impact.
Geoff Taylor, chief executive of the British Phonographic Industry, welcomed the promise of legislation, but said it must go further than forcing ISPs to send educational letters and had to be backed up by measures to steer persistent illegal filesharers towards legitimate online services.
"That type of graduated response solution needs to be put in place now, not in a few years' time. The long-term harm that will be done to the UK's outstanding creative industries – and the new jobs they create – will be enormous if Government puts off hard decisions now," he said. "This is no time to fiddle while Rome burns."
Feargal Sharkey, the chief executive of UK Music, said: "The government threw down the gauntlet to the music industry on this 12 months ago. We have done everything in our power to tackle the problem head-on so we can make sure we protect artists and keep producing amazing music. Now we are incredibly keen to see the government in the Digital Britain report reciprocate their side of the bargain."
Charles Caldas, the chief executive officer of Merlin, a licensing body for the independent music sector, was concerned that legislation could pose more problems than it solved. "I haven't met an indie label that wants to see its customers prosecuted," he said. "Yes, we need to protect artists but first there has to be a compelling commercial offer for users." A system of educating users and encouraging them to move towards an efficient legal model would be more effective, he said.
Burnham urged the music industry not to cling to "the old order", comparing the current turmoil to the "severe wreckage" in Westminster. "There is, at the moment, a head-on crash between the old and the new worlds," he said. "That change will bring a world where people are more empowered and where abuses of power are not tolerated."