Three strikes 'buried' as telecoms package partially throttled

In the end though, it was a case of two steps forward and a couple of steps sideways for supporters of Internet freedom in Europe yesterday. A flurry of amendments to amendments, last-minute appeals, late tablings and other confusing events clouded the outcome  - even for those close to the action.

But at least we know the EP's Telecoms Package is no longer quite the beast it was. Two amendments supported by the Throttle the Package campaign were passed, apparently making it unlikely that versions of the 'three-strikes' law first advanced in France can now be spread across Europe. 

In fact this morning in France, the newspaper Liberation is reporting that 3 strikes is 'buried'.

However, there are still issues around Internet filtering (which can mean throttling) which need to be further debated and now there is talk of a second reading for parts of the package so that these issues can be properly aired.

Aside from the Big Brother and copyright issues, the package also saw the establishment of a new (but watered down from the original) Europe-wide telecoms regulatory function, as expected, driven by an advisory Body of European Regulators in Telecoms (BERT).  Not exactly what Telecoms Commissioner Reding originally had in mind, but no doubt seen as a step forward of sorts. 

The sanctioning of national regulators to push through functional separation for their operators was also passed:  that might see more dominant operators in Europe split themselves into retail and wholesale arms to better-enable new entrants to get a foothold.  It is also seen by some incumbents as a way forward, enabling them to really push their wholesale arms as independent entities. It seems to be working for BT.

But the important victory was the slaying of the 'three strikes' dragon. In a surprise result for the Telecoms Package vote, two amendments opposing disproportionate sanctions – such as cutting off Internet access - and reaffirming the importance of open access to digital content for all, were carried.

The Parliament also voted out a measure which would have obliged ISPs to enforce copyright. A proposal to ask regulators to oversee “joint industry solutions” between creative content industries and ISPs was dropped before the vote.

The hijacking of the Telecoms Package - and specifically of the Framework directive, the Universal Access Directive and the e-Privacy directive - by content industry interests has dominated the discussions in the European Parliament. There has been considerable back-room negotiation to come up with compromises that could be acceptable to both the telco and the content lobbies. However, in the event, the parliament has voted for amendments which were not part of those lobby compromises.

Those were: Amendment 166 to the Universal Service and Users Rights directive (Harbour Report). This was tabled at the last minute by Swedish MEP, Eva-Britt Svensson, and was promptly buried because the administrative clerks in the European Parliament did not put it online until yesterday – less than 24 hours before the vote. That amendment's passing was all the more surprising because it did not have the backing of the IMCO (Internal Market and Consumer Protection) rapporteur, UK Conservative MEP Malcolm Harbour.

Amendment 138 to the Telecoms Framework directive was tabled by a group of 40 MEPS including French Socialist Guy Bono and Swedish Conservative Christofer Fjellner.

Both amendments state that no restrictions should be placed on users which conflict with fundamental rights. The Svensson amendment states that any action taken against users must be proportionate.