ISPs reject regulation in file-sharing consultation

Government must think again before publishing plan in Digital Britain report later this month

Stephen Carter may have to force regulation on ISPs

The government has published the responses to a consultation on illegal peer-to-peer (P2P) file sharing which shows that none of the proposed solutions to the problem received widespread support.

File sharing is a bad thing because it allows software and intellectual property to be distributed without the proper recompense being paid to developers.

But it is difficult to regulate as ISPs say they are not responsible for the content of what passes through their connections.

The government's preferred solution to the problem of unlawful P2P file sharing is a co-operative approach to pursuing illegal downloaders.

Other options considered include: requiring ISPs to provide personal data relating to a given IP address to authorities; requiring ISPs to take direct action against users; allocating a third-party body to consider evidence and requiring ISPs to act on it; or requiring that ISPs filter illegal content.

No ISP was in favour of any of the solutions, including co-regulation.

"Sky considers it fundamental to any solution that it is not imposed on ISPs either through legislation or regulation," said BSkyB in an official response.

Many respondents also expressed concern over the ability of technical solutions to filter illegal content.

"We received some opposing views on other issues - including regulation - reflecting the fact that this is a complex and challenging problem," said Stephen Carter, minister for technology, communications and broadband.

"We are now examining what the best way forward is and will set out the next steps in the interim Digital Britain report later this month."

Many respondents to the report indicated that progress could be made by trying to change the behaviour of consumers.

"Responses we received point to a consensus on the need to educate consumers about the economic importance of copyright material and the damaging effect file sharing has on Britain's creative industries," said Carter.

"We have also seen agreement on the need for legal content to be innovative, attractive and easily accessible. And it's clear that consumer concerns about data protection and privacy must be addressed."