EU lawmakers beef up safeguards for Internet users but act tough on copyright piracy

A committee made of EU government representatives, members of the European Parliament and the European Commission ironed out differences that had beleaguered them for the past couple of years and paved the way for a stalled telecoms reform package to get a final rubber stamp by the EU authorities. Both the parliament and the European telecoms ministers will now have to vote on the compromise solution, before the telecoms package in its final form can come into force. And, if successful, it will be incorporated into EU countries' law in 2010.

To curb Internet piracy, several states wanted to crack down Internet subscriber suspected of breaches such as illegal downloading of copyright material by cutting off their Internet connections. Under pressure from the music and film industries, especially France had pushed hard for tough measures against illegal downloaders. French President Nicolas Sarkozy had advocated a "three strikes and you're out" rule, under which Internet use would be tracked and users caught downloading would be warned twice before their Internet access would be cut off for a year.

However, the proposal was resisted by several consumer protection groups, which argued that "right to Internet access" was a fundamental right.

In May, the EU Parliament voted 407 in favour, 57 against and with 171 abstentions on an amendment to strengthen the rights of Internet users and the telecoms reform package reform package was sent back to the concerned state ministers on concerns the proposed bill would not adequately protect the rights of Internet users.

Though the deal struck early Thursday morning does not recognize Internet usage as a "fundamental right," yet, it will beef up consumers' contractual rights and enhance their protection in Europe, said Asa Torstensson, Communication Minister of Sweden, which holds the collective EU's Presidency.

According to EU Telecoms Commissioner Viviane Reding, the proposed package contains adequate safeguards to protect users from arbitrary cutoffs of their Internet services. Thursday's agreement, the official said, ensures that a "three strikes" law "will certainly not become part of European law," Reding said.

Under the guarantee, Reding said, national authorities will only be able to cut off such services if they have proof that a user was downloading illegal copies of movies or music files, ensuring users are presumed innocent.

No action will also be taken against people suspected of illegal downloading "without a prior ruling by the judicial authorities." However, the package itself doesn't specify any venues for such hearings, leaving that to national governments.

Besides the anti-piracy element, the reform package also pushed for a more consistent and competitive European telecom market and will give EU states the right to separate carriers from services they provide if the carrier is found to be abusing a dominant market position.