[governance] ISP liability - a critical IG issue

[Milton L Mueller]

Excerpt from a news article:
The European Parliament is continuing down a repressive path as it prepares a series of amendments for its Telecoms Package. As yet there seems to be little awareness by Europe's citizens over what is being planned.

Essentially, a legislative path is being plotted which will make ISPs liable for the activities of those using their networks and, having done that, will enable multinational corporations to mount mass law-suits against alleged copyright infringers in Europe. By being liable for their own users' activities, ISPs will be obliged to hand over data about subscribers when law enforcement agencies or even corporations, demand them.  At least this is the long-term plan.

Amongst the scores of tiny, innocent-looking law changes being proposed to lay the legal groundwork for this new legal offensive, is an attempt to end the legal immunity granted ISPs over the content being carried across their networks.

In Europe this immunity flows from the so-called 'mere conduit' status granted ISPs - similar in many ways to the 'common carrier' status which defines the rights and obligations of US carriers.

There are many reasons to have 'mere conduit' protected. Mostly, it is important to ensure the free flow of information without those owning the network being able to dig in and block some users and promote others. The basic concept that every citizen must have free access to information is enshrined in basic European principles, so the ending or blunting of 'mere conduit' status will seriously erode that basic safeguard.

Once all the paving measures and sneaky preparations are in place, national governments will be free to go along with the repressive measures advocated by the copyright lobby -  up to and including what is essentially privatised justice, where a big content owner (or alliances of content owners) will be able to mount a mass law suit against alleged copyright infringers on the Internet.

Important votes on various telecom package amendments are expected through July
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