Judge may take months to consider DEA review

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The court hearing into the Government’s much-troubled Digital Economy Act (DEA) has come to a close, but it may take as long as two months for a decision to be made on the judicial review, sources close to the situation told IT PRO.

The High Court in London heard the closing remarks of both the defendants and the claimants yesterday, as it was stressed the issues need to be dealt with now rather than in several years’ time.

BT and TalkTalk brought the case to court after querying whether the legislation was compatible with EU law. Others have protested against the DEA’s allowance to block internet access of those suspected of repeatedly downloading copyright material.

Defendants of the Act pointed to the fundamental right to property, saying copyright is included in that.

Claimants questioned the impact the legislation would have on ISPs, claiming they would face increased pressure from obligations imposed by Ofcom.

“Judgment will be handed down as soon as is reasonably practicable, but given the complexity of the arguments presented it is likely that this will be some time,” a blog from the Open Rights Group (ORG) read.

Peter Bradwell, a copyright specialist from the ORG, told IT PRO he heard rumblings a decision is not likely until between six and eight weeks.

He noted, however, that the judge appeared willing to take a good look at the case.

“He seems very interested in looking at the case in great detail and he appreciates the importance of it," Bradwell said.

"Thinking beyond the review, whatever happens it doesn’t mean it is any better a policy choice.”

Over the coming weeks and possibly months, the judge will consider a total of five grounds: compliance with the European Technical Standards Directive, compatability with privacy rules, compatibility with EU e-commerce directives, if the obligations are proportionate, as well as the possible incompatibility with the Authorisation Directive.

The latter forms part of EU law determining the regulation of comms providers, including ISPs like BT and TalkTalk.

Actual implementation of the Act has been delayed indefinitely and the case may eventually be taken to the European Court of Justice.

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