EU court rules ISPs can’t be forced to block pirate sites

Today has seen some great news for European web surfers. ISPs can no longer be forced to monitor or block web users from accessing pirate sites. Shiver me timbers! That’s right; the fear of an internet experience akin to Orwell’s 1984 is as distant as the days of cassette players (well, for now).

Nevertheless, European Court of Justice ruled today that content owners can’t instruct your broadband company to track you or block you, ruling: “EU law precludes the imposition of an injunction by a national court which requires an Internet service provider to install a filtering system with a view to preventing the illegal downloading of files.”

Have you ever been half-way through downloading something you shouldn’t have, and found yourself being kicked off the web? Nah, of course not – you’re a law abiding citizen. But those who have, that might well be because ISPs have been keeping an eye on what you’re doing online. If they spot users illegally accessing copyrighted material, they have been known to boot you off the Internet. Well, this will no longer be allowed.

In a report by the BBC, Internet freedom organisations welcomed the news.

Open Rights Group member, Peter Bradwell, said: “This judgement is a victory for freedom of expression online. It draws a thick line in the sand that future copyright enforcement measures in the UK cannot cross.

“Invasive and general surveillance of users is unacceptable. This helps to nail down the limits of powers to curtail people’s freedom to communicate online.”

Record labels, film studios and other owners of copyrighted music, movies or media have in recent years tried to persuade the government and courts in the UK towards making ISPs responsible for piracy. That is still the plan laid out in the Digital Economy Act (currently in the planning and consultation stages in the UK). How will the European ruling affect the Digital Economy Act and other legislation in the UK? Looks like we’ll just have to wait and see.

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