ISP threatens legal action and says plans 'substitute proper judicial process for a kangaroo court'
Talk Talk has warned the Government it will not disconnect users accused of illegal file sharing unless it receives concrete proof of guilt.
The internet service provider (ISP) owned by Carphone Warehouse said the proposals outlined by Lord Mandelson ignored the accepted 'innocent until proven guilty' presumption under British law.
Andrew Heaney, Talk Talk’s executive director of strategy and regulation told Computeractive the ISP was not afraid to stand up for its customers.
“We will not cut off our customers’ internet connection and will take it to court if necessary. The process outlined by Lord Mandelson substitutes proper judicial process for a kangaroo court. It is wrong and we also believe it is a breach of human rights, ” he said.
The prospect of internet disconnection for persistent offenders, often called the three strikes rule, is expected to be set out this month in the Digital Economy Bill.
The rights holders will only have access to an IP address, so they must apply to the courts for an ISP to hand over customer details.
The ISP is required to send alleged illegal fire-sharers an initial warning letter. This is the first time the customer will be aware that they have been accused of illegal file sharing. If the ignore the initial letter, the ISP will be required to send futher letters.
Mr Heaney said although people have the right to appeal, He said it is wrong to presume the customer is guilty from the start.
“This is not the way British justice is meant to work,” he said.
He also pointed out that the process is riddled with unresolved issues such as how long a person’s internet service would have to be disconnected.
TalkTalk has started a Don’t Disconnect us campaign and people can sign a petition on the Number 10 website. People can also visit the site to keep up to date with the latest developments on the disconnection proposals.
