EU lawmakers kill "Three Strikes" rule, beef up consumer safeguards

Early morning, Thursday, a committee comprising of EU government representatives, members of the European Parliament and the European Commission decided not to implement the "Three Strikes" rule that gives ISPs arbitrary power to cut off Internet services of users suspected of downloading illegally, copyrighted material from the Internet.

Under pressure from the music and film industries, especially France had pushed hard for tough measures against illegal downloaders and French President Nicolas Sarkozy himself had proposed the "Three Strikes" rule that would involve Internet tracking and users caught downloading illegally would be warned twice (by email and by post) before having their Internet access being cut off by their ISP for a year.

The rule was lauded by several EU member states, including the UK (where it found a supporter in Lord Mandelson), which is waging a big battle against Internet pirates at the behest of the entertainment industry which is losing millions of pounds every year on account of copyright piracy.

However, the rule was vehemently opposed by several consumer rights groups, which felt it was draconic in nature and breached the "fundamental rights" of an individual.

On Thursday morning, after two years of wrangling with the EU member states, the EU lawmakers reached a compromise that provided safeguards for Internet users.

Under the terms of the compromise, restrictions on a user's internet access may "only be imposed if they are appropriate, proportionate and necessary within a democratic society."

Additionally, such measures may be taken only "with due respect for the principle of presumption of innocence and the right to privacy" and as a result of "a prior, fair and impartial procedure" guaranteeing "the right to be heard (...) and the right to an effective and timely judicial review."

In other words, 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 telecoms reform package itself doesn't specify any venues for such hearings, leaving that to national governments.