Ofcom is the communications regulator in the UK and would be the equivalent of Comreg in Ireland. Recently, as part of the UK’s Digital Economy Act, Ofcom have prepared a draft code of conduct for ISP’s on filesharing.

There are some interesting points to note from this draft code in relation to the possible preparation of a similar code in Ireland. It embodies the main theme of ‘three strikes and you’re out’, in that a broadband subscriber who having recieved two prior warnings for sharing files online, will find that on a third warning, their details will be included on a list that will be made available to content providers. The content providers can then decide to use this information to make a claim against the subscriber.

Right to challenge

The draft code lists the information that will be stored on each of the warning notices which includes details on the alleged infringements including the content that was shared and the method of sharing. The subsciber will be informed on how to challenge the allegation, including an independent appeals process and also how they can secure their network, in case it has been hijacked by a third party who is doing the file sharing.

Interesting exceptions

One of the interesting exceptions contained in the draft code is that it applies only to fixed line broadband users. Mobile broadband users who are engaging in file sharing activites will not be getting any warnings for now.

Only those ISP’s who have over 400,000 subscribers will be subject to the code according to the draft guidelines. In the UK, such ISPs include BT, Sky, Virgin Media to name a few; such ISPs provide services to 96.5 percent of the broadband market for residential and SME customers. Could the draft code prove a marketing bonus for smaller ISPs ?

No fee no notification!

One final point of interest, is that copyright owners will not receive any notifications of possible copyright infringement until they pay a yearly fee to the ISP according to the estimated number of notifications that are expected to be filed in a year. So – no fee – no notifications !

Quite how this draft code will impact on UK internet traffic volumes when it is implemented has yet to be seen, but it is interesting to see the dramatic decrease in traffic volumes in Sweden when similar measures were introduced.

For a detailed analysis of Ofcom’s draft code, please see this article from Wired. To understand how things stand in Ireland currently, please view this article in the Irish Times on Eircom’s introduction of the three strikes principle in May.