An interesting and informative peice here.
http://management.silicon.com/government/0,39024677,39248270,00.htmThe government has renewed its threat to introduce laws to force ISPs to control online music and film piracy and file-sharing.
But the Internet Service Providers' Association (ISPA) has hit back, warning the government that legislation could result "in cumbersome regulation".
Malcolm Wicks, business, enterprise and regulatory reform minister, told Parliament that government had to recognise its hopes for a "voluntary agreement" with ISPs to regulate illegal file trading online "might be too ambitious".
He said in a written answer to MPs: "It would be very disappointing if we have to legislate - but nobody should doubt our willingness to do so if an agreement cannot be reached."
The government previously said it would prefer for ISPs to take voluntary action but warned it would turn to statutory regulation if a solution was not found by April 2009.
Wicks said the government still preferred a voluntary solution and that this approach had been informed by meetings with ISPs, intellectual property holders and consumer groups.
But the ISPA replied saying there are numerous obstacles to a legislative response and as "mere conduits of information, ISPs bear no legal liability for content on their servers".
An ISPA spokesman said: "It is ISPA's preference to agree a non-legislative solution which carefully considers the complex legal framework - as recognised by the Culture Secretary - in which ISPs operate. This includes the Electronic Commerce Directive Regulations 2002 and the Data Protection Act 1998 which can limit what action ISPs can lawfully take against users' private communications.
It seems whatever the Government decides the reality is that european union legislation will undermine the core effort and users will begin to create further headaches by utilising stonger encryption, this is it seems the only language they understand when they forget the publics expectation of privacy, something not open for debate or up for sale.
