The battle for Internet User Rights inEurope has been ongoing for the last two years, as lawmakers acrossthe pond have been working on a new package of telecommunicationslaws. The 'Telecoms Reform Package' is supposed to amend aset of laws passed in 2002, and seeks to unify laws covering theEuropean communications market.
Laws within the package covera wide range of issues, such as strengthening consumer rights; givingconsumers more choice by reinforcing competition between telecomsoperators; promoting investment into new communicationinfrastructures; freeing radio spectrum used by analog broadcasts forwireless broadband services; and making communication networks morereliable and more secure.
It also proposes the establishmentof a European Telecom Market Authority known as BEREC (Body ofEuropean Regulators for Electronic Communications) in order to ensurethat important communication services such as broadband internetaccess, data roaming, and mobile phone usage on planes and ships areregulated consistently across the 27 member states of the EuropeanUnion.
The consumer rights section is particularlyinteresting, as it would give Europeans the right to switch telecomsoperators within 1 day and the right to transparent and comparableprice information.
However, it is the Internet User Rightsportion that has garnered the most interest. It guarantees thatnational authorities will only be able to cut off internet servicesif they have sufficient proof that a user was downloading illegalcopies of movies or music files. Internet users are presumedinnocent, and police agencies will have to go through a judgebefore access is cut off.
Membersof the European Parliament had been at odds with representativesfrom the European Council, which is comprised of the Heads of Stateof member nations. France in particular has been leading the chargefor terminatingInternet access for users who share media files.
TheEuropean Parliament tried to amend the Telecoms Package twice withthe following phrase: 'No restriction may be imposed on thefundamental rights and freedoms of end-users, without a prior rulingby the judicial authorities, notably in accordance with Article 11 ofthe Charter of Fundamental Rights of the European Union on freedom ofexpression and information, save when public security is threatenedin which case the ruling may be subsequent'.
Bothsides had already reached an agreement in May that the internet isessential for the exercise of fundamental rights such as the right toeducation, freedom of expression and access to information.Restrictions on a user's Internet access may 'only be imposed ifthey are appropriate, proportionate, and necessary within ademocratic society'.
The new agreement between theEuropean Parliament and Council means that the third and finalreading of the Telecoms Package is expected in the last week ofNovember. Once passed, internet users may refer to these provisionsin courtproceedings when their internet access has been terminatedinappropriately.
