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Telecoms package

The Telecoms Package (Paquet Telecom) was a review of European telecoms law. Ordinarily, it would have dealt with network infrastructure and universal service and other purely telecoms matters. However, buried within it, deep in the detail, were important legal changes that related to enforcement of copyright. These changes represented a threat to civil liberties and risk undermining the entire structure of Internet, jeopardising businesses and cultural diversity. This was the topic of my PhD research. I have made available here the underlying research, which I subsequently published in my books and papers listed below. If you are student, you should check my books for citation and referencing.

The bottom line is that changes to telecoms regulations were needed before EU member states could bring in the so-called "3 strikes" measures - also known as "graduated response" - of which France led the way, but other governments, notably the UK, followed. A swathe of amendments were tabled at the instigation of entertainment industry lobbying. These amendments were aimed at bringing an end to free downloading. They also brought with them the risk of an unchecked corporate censorship of the Internet, with a host of unanswered questions relating to the legal oversight and administration. These issues continue to arise today in the context of new policy initiatives. 

The Telecoms Package was voted in the plenary session of the European Parliament on 24th September. It followed a brief debate on 2nd September, and a committee vote in July. In November last year it was put to vote in the European Council. Now - winter 2009 - it is headed for a second reading in the European Parliament. The official start will be 18th February, but negotiations are underway now. The plenary vote was planned for 21 April. It has been re-scheduled to 6 May. This timetable has not left much time for public debate, and it reminds me of the rushed passage of the data retention directive (see Data Retention on this site). It is, if you like, regulation by stealth.

I had originally planned that this site would just highlight reports from elsewhere, related to my research topic. But at the time, it felt wrong to me that such critical changes - which will infringe on people's freedoms and fundamentally alter the social and legal character of the Internet - should happen without at least the opportunity for a full and frank public debate. So I set out the issues as I see them, and reported on relevant public events.

 If you like the articles in this section and you are interested in EU telecoms law and the 2009 Telecoms Package, you may like my books A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms and The Copyright Enforcement Enigma

Finally, you may like my book The Closing of the Net  which contains a  summary of the Telecoms Package story, and moves the policy agenda on to consider other issues of secondary liability including the Megaupload case. 

About Iptegrity

Iptegrity.com is the website of Dr Monica Horten, independent policy advisor: online safety, technology and human rights. Advocating to protect the rights of the majority of law abiding citizens online. Independent expert on the Council of Europe Committee of Experts on online safety and empowerment of content creators and users.  Published author, and post-doctoral scholar, with a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing.  Former telecoms journalist,  experienced panelist and Chair, cited in the media eg  BBC, iNews, Times, Guardian and Politico.