July 29, 2010 | Florian Leppla

Deadline for Ofcom's DEA code this Friday

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.