Music industry seeks access to private data to fight piracy
· Plea to Europe to widen scope of anti-terror laws
· Civil rights fears over phone and email records
The Guardian
The music and film industries are demanding that the European parliament extends the scope of proposed anti-terror laws to help them prosecute illegal downloaders. In an open letter to MEPs, companies including Sony BMG, Disney and EMI have asked to be given access to communications data - records of phone calls, emails and internet surfing - in order to take legal action against pirates and filesharers. Current proposals restrict use of such information to cases of terrorism and organised crime.
"The scope of the proposal should be extended to all criminal offences," says a letter to European representatives from the Creative and Media Business Alliance, an informal lobby group representing media companies. "The possibility for law enforcement authorities to use data in other cases ... is essential." The attempt to pressure MEPs comes as they prepare to vote on an extension to the period for which data must be held by telephone networks and internet service providers. The plans, championed by the British government, would harmonise and extend the broad range of policies across the continent.The Home Office says such moves are necessary in order to assist proper investigation of suspected terrorist activity. But if successful, it would mean communications companies would be obliged to keep information on phone calls, emails and internet use for as long as three years.
"It is not for us to get involved in the wider issue of national security," said a spokesman for international music industry association IFPI, parent body of the CBMA.
If the demands were met by European legislators, it would open use of such private information across any number of criminal cases. "Even the Bush administration is not proposing such a ludicrous policy, despite lobbying from Hollywood," said Gus Hosein, a senior fellow at Privacy International.
The music industry has already pursued a large number of cases against illegal downloaders, but the letter claims that wider access to private information would be an "effective instrument in the fight against piracy" and help secure more legal actions. Critics say it is simply a case of litigious industries attempting to gain access to protected data by the back door.
The proposals, to be put to the vote on December 13, have already faced censure. More privacy-conscious nations such as Germany have voiced concerns about long-term data retention, and telecoms companies say they cannot afford to keep more information about their customers.
"The passing of the data retention directive would be a disaster not just for civil liberties and human rights in Europe," said Suw Charman, director of digital rights campaigners, Open Rights Group.
The music industry has been waging war against illegal filesharing for some time, with film companies closely behind. An Australian court this week ordered Kazaa, one of the biggest file-swapping services, to filter out copyrighted music from its systems or face closure. Last week the British Phonographic Industry announced its latest batch of cases against illegal downloaders, taking the total number of UK actions to over 150.
Such prosecutions already rely on voluntary data supplied by internet providers, but the music industry would like it made compulsory. At the same time, the legitimate digital download industry continues to grow at a startling pace.
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