Government discusses blocking copyright infringing websites

The Government is considering forcing internet service providers (ISPs) to block websites that make it possible for people to illegally share copyrighted material.

Communications Minister Ed Vaizey confirmed on the Open Rights Group blog that he has been involved in behind-closed-doors discussions with copyright holders and ISPs about introducing these measures after a legal challenge from BT and Talktalk to the Digital Economy Act (DEA).

The entertainment industry wanted the law to force ISPs to write warning letters to alleged file sharers but ISPs say they fear this would breach data protection laws.

This issue is now subject to a judicial review in the High Court and the Government has put on hold the requirement for ISPs to write warning letters.

However, Mr Vaizey said that he and Culture Secretary Jeremy Hunt had "met with key players from the digital economy" to discuss "self-regulatory measures to tackle online copyright infringement through site-blocking".

If web blocking measures are put in place, ISPs would have to put a blanket ban on people visiting sites such as The Pirate Bay; a move both consumer rights groups and ISPs say is technically unworkable.

Service providers are concerned about the extra costs they will have to bear, and have warned that they could lead to higher bills for consumer broadband services.

Consumer groups fear that such measures would lead to ISPs eventually deciding to block other sites, such as the BBC's iPlayer unless customers pay a premium to keep access.

Trefor Davies, chief technology officer at ISP Timico told Computeractive that the return to the notion of blocking websites was in "hindsight an insurance policy on the part of the rights holders in case the DEA was thrown out in court or subject to delays as has now happened."

The working group has already held its first meeting to which only rights holders and major ISPs were invited. None of these companies was willing to comment on what was discussed but Mr Davies did say that there was serious concern among many ISPs.

"The legal implications if ISPs block a website that is not guilty of facilitating illegal file sharing are too great. We could be sued."

Civil rights groups such as the Open Rights Group (ORG) are also deeply concerned. Peter Bradwell, a campaigner at ORG, said: "Web blocking is a real mistake - it would stifle freedom of expression, for unproven benefit, while being extremely costly and difficult to manage."

He also questioned why groups such as ORG and Consumer Focus have not yet been invited to any of the discussions.

"Mr Vaizey has indicated consumer groups would be able to take part in future discussions, and he must ensure this happens. These discussions can't continue to be held in secret," he said.