TalkTalk compares Mandelson's disconnection plans to kangaroo court

LONDON - TalkTalk, the Carphone Warehouse-owned ISP, has described the government's plans to disconnect people accused of illegal filesharing as a "kangaroo court" and is running an ad to encourage people to protest against the decision.

Lord Mandelson, the business secretary, confirmed yesterday that tough measures to stop illegal filesharing were to be introduced, including cutting off internet access for those who were deemed persistent offenders.

In response, TalkTalk has created a special version of its 'brightdancing' ads, currently being used in its sponsorship of ITV1's 'The X Factor'. The ad shows a pair of scissors cutting a computer cable.



In a statement today, the country's second largest ISP said: "TalkTalk believes Lord Mandelson's approach is based on the principle of 'guilty until proven innocent' and substitutes proper judicial process for a kangaroo court.

"What is being proposed is wrong in principle and it won't work in practice. We know this approach will lead to wrongful accusations ... TalkTalk will continue to resist any attempts to make it disconnect its customers unless directed to do so by a court or recognised tribunal."

Andrew Heaney, director of strategy and regulation at TalkTalk, added: "We will not (unless forced to do so by a court) divulge customers' information to rights holders if the information is likely to be used in a way which does not protect customers' rights.

"If we are instructed to disconnect a customer as a consequence of this new process we will refuse to do so and challenge the instruction in court."

ISPs are worried that the move will put an economic burden for stamping out file sharing on them, while it is the entertainment companies pushing for such laws that will benefit.

Market leader BT said it was pleased that the Government supported a raft of measures being taken before ISPs had to step in, such as warnings, education and prosecutions by rights holders.

However, it was "disappointed that ISPs will have to bear some of the costs" and warned this would force up broadband prices.

It added: "We are also interested to hear whether or not customers will have some form of fair legal hearing before their broadband supplier is required to take any action against them."

Virgin Media voiced concern that the Government's strategy needs to be implemented in a way that offers users the carrot as well as the stick.

"New and compelling legitimate services are the only way to persuade a generation that has grown up with "free" to give up illegal downloading. Relying on coercion in the absence of these alternatives will fail and alienate large swathes of mainstream internet users in the process."

The government's new proposals look like a broadly balanced approach but their success will depend on whether they are implemented in a way that encourages innovation and ensures consumers get the services they want as quickly as possible."

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