They are.The draft code of practice, which Ofcom was ordered to draw up by the controversial Digital Economy Act, was immediately attacked by TalkTalk, the UK's second largest ISP.
"Ofcom's draft code of practice is a valiant attempt to implement the Digital Economy Act's proposals, but we think it has the potential to turn into a bureaucratic dog's breakfast," said a TalkTalk spokesman. "As the code stands, millions of customers would be at risk of being falsely accused of copyright infringement, being falsely put on to an 'offenders' register' and so potentially taken to court. There is little in the draft code about protecting customers from receiving misleading or bullying letters."
TalkTalk is also worried about the lack of consideration of data protection issues and there is little in the draft code about how the regulator will ensure customers can access fair and just appeals. "The draft code exempts smaller ISPs and mobile operators, which seems arbitrary and could lead to market distortion," the spokesman added. "Finally, the way Ofcom has designed the rules may kill off public Wi-Fi networks."
Consumer and citizens' rights groups, meanwhile, called for the fair treatment of customers accused of copyright infringement using filesharing networks.
"Consumers face considerable confusion while Ofcom tries to work out how to implement new laws under the Digital Economy Act," said Robert Hammond, head of post and digital communications at Consumer Focus. "The aim should be to encourage suspected copyright infringers to use legal alternatives and achieving this rests on the process of notification being seen by consumers as fair and helpful."
Jim Killock, executive director of the Open Rights Group warned that "letters being sent out could cause a lot of worry and fear". "People may feel they are under surveillance," Killock said.
"This is another extremely rushed process, forced by the Digital Economy Act's absurd timetables. There are huge unanswered questions, not least whether innocent people will have to pay to appeal," he added.
The code of practice applies to ISPs with over 400,000 customers, meaning that it will initially apply to BT, TalkTalk, Virgin Media, Sky, Orange, O2 and the Post Office, who together control 96% of the market. Ofcom, however, will review unlawful filesharing activity on a quarterly basis and can extend the code to cover smaller ISPs and the mobile phone companies if it spreads.









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