If you have been following ORG's comments in recent weeks you will be aware of the serious problems with Ofcom's initial obligations code. As it stands now innocent people and their families are in danger of being wrongly accused of illegal filesharing.
That's because the code fails to set out standards of evidence, and standards for the data held on customers of ISPs, and has set out a very limited appeals mechanism.
You have until Friday afternoon to respond to Ofcom's consultation on the draft code. We've made it very easy to tell them what's wrong with it. Make sure your voice is heard and submit your response now.
Firstly, the Act requires Ofcom to set the standards of evidence (Section 7/124E(2)), but instead they left that to the copyright owners in a “Quality Assurance” system.
Secondly, Ofcom is obliged to set criteria for the identification of subscribers under Section 7/124E(3), but again fails to do so leaving this task to the ISPs.
Thirdly, the Act demands that the notifications sent to subscribers contain standardised information, but the draft code does not require that from ISPs.
These are only three examples of Ofcom's failures. Help us to highlight them by sending your own quick response to the consultation [link]. Take action now, we only have two days to reply.
ORG will submit its response tomorrow highlighting the many ways the code does not comply with the DEA.
Stephen Mills:
Jul 29, 2010 at 04:37 PM
100% of people voting in this poll think the act should be repealed.
Rand Burkey:
Jul 29, 2010 at 05:21 PM
The problem is the "quality assurance" is not a law. therefore, it criminalizes those who would not otherwise be criminalized. This is bad. .. unless you want to fill jails with innocent people.
Jay:
Jul 29, 2010 at 05:21 PM
It's not clear whether the respond-to-Ofcom form is working - clicking on submit shows the same page again, with the text of your response overflowing the textbox in the form.
Rightly or wrongly I was expecting clicking on submit to take me to a confirmation screen - by the fact it's not, I'm assuming it's not working.
Jim Killock:
Jul 29, 2010 at 10:02 PM
Seems to be working for me? It goes through to an 'email your MP' page, which may look similar though? We did also get a couple of error reports from some people with Firefox 3.6.3
Taras:
Jul 29, 2010 at 10:03 PM
Weren't we told at ORGCon that form letters have little/no effect?
I didn't submit it past stage 2 of the form, because I couldn't be bothered reading all that, and wasn't really sure where my response was going or anything. The Y/N stuff was very confusing.
Might still go through to Ofcom's site and do it manually though...
usability--
Florian Leppla:
Jul 30, 2010 at 11:05 AM
It's great if you have the time to write a letter in your own words and we do encourage people to that. But since it can be a complex and time consuming process (definitely for the Ofcom response) you may not get a lot of people doing that.
We have to do both. These actions can't be a substitute for a substantial letter to your MP, but it might just get their attention.
Andrew Norton:
Jul 30, 2010 at 01:06 PM
It's 2pm, and the consultation is already closed. Heck, you can't even get the consultation document! So much for those that want to submit.
James Clayton:
Jul 30, 2010 at 05:16 PM
I saw this yesterday, but the letter was far too long to put in my own words. It was going to take over an hour just to understand it. Failed to take in that the deadline was so soon though. Whoops.
Martin Budden:
Jul 31, 2010 at 06:46 AM
For anyone interested, my response the Ofcom's consultation is here:
http://martinbudden.wordpress.com/2010/07/31/online-copyright-infringement-and-dea-consultation-%E2%80%93-my%C2%A0response/
Florian Leppla:
Aug 02, 2010 at 03:01 PM
Ofcom said on the website for the consultation response: "Ofcom invites written views and comments on the issues raised in this document, to be made by 5pm on 30th July 2010." So we should be fine.
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