EU Public Affairs Monitor - 30/05/08

"Three Strikes and You're Out" Policy Strikes Out April 21, 2008
"The new baseball season is in full swing, yet in recent months the phrase "three strikes and you’re out" has taken on an entirely different meaning on the Internet. My new technology law column (Toronto Star version, homepage version) reports on how, prodded by content lobby groups, a handful of governments have moved toward requiring Internet service providers to terminate subscribers if they engage in file sharing activities on three occasions. The policy - occasionally referred to as "graduated response" - received support last fall from French President Nicolas Sarkozy, who pressured the private sector to negotiate an agreement to implement the three strikes system. The policy soon attracted global attention as the United Kingdom, Japan, and Australia all announced that they were contemplating a similar approach.

In recent weeks, however, it would appear that governments are beginning to have sober second thoughts. After a Swedish judge recommended adopting the three strikes policy, that country's Ministers of Justice and Culture wrote a public opinion piece setting out their forthcoming policy that explicitly excluded the three strikes model." [MichaelGeist]

German Court Says ISPs Can't ID File-Swappers March 20, 2008
"A German court has ruled that the identities of ISP subscribers should not be disclosed as part of potential file-sharing copyright investigations, finding that such measures can only be used for "heavy" crimes like terrorism, murder or child pornography, TorrentFreak reports. The Federal Constitutional Court's (FCC) ruling will stand for six months, after which time it could be made final.

Earlier this week, Italy's government agency that deals with privacy issues made a similar finding, ruling that companies like Logistep that harvest IP addresses from file-swappers for use in copyright investigations are breaking the law." [DWMMedia]

German Court Decision Hands Big Win to File-Sharers March 20, 2008
"The Federal Constitutional Court in Germany has ruled that the identities of file-sharers must remain private and can no longer be revealed to media companies who accuse them of copyright infringement. In future, only those accused of ‘heavy’ crimes such as murder, child pornography or kidnapping will be revealed.

Germany has some of the toughest copyright laws and it’s thought that as many as 200,000 German file-sharers have had their identities revealed to entertainment and media companies, so that they may be threatened with legal action." [TorrentFreak]