BT and Talktalk will appeal their failed DEA challenge

UK INTERNET SERVICE PROVIDERS (ISPs) British Telecom (BT) and Talktalk are appealing their failed Digital Economy Act (DEA) challenge.

After losing at the High Court judicial review in April, BT and Talktalk have decided to press on with an appeal to stop from being turned into internet cops thanks to the ill-conceived, rushed through hack job that is the DEA.

Rubberstamped by parliament at the behest of big media conglomerates, the High Court sidestepped the issues by saying that the DEA didn't breach any EU laws. The only EU breach the review upheld was that ISPs shouldn't be held responsible for administration charges incurred by being forced to implement the provisions of the DEA.

The review also overturned some of the issues that BT and Talktalk had with the DEA and now the ISPs want these looked at by the Court of Appeals.

The High Court review sought by the ISPs challenged an attempt by the government to make them organise mass-notification systems to send out warning letters to alleged filesharers fingered by members of the big media music and film cartels.

After losing in the review, both companies have now set out plans to appeal because they contend that the High Court didn't understand the full implications that its DEA ruling will have on ISPs and filesharers. In other words, they will plead that they need more legal clarification so they can protect themselves and their customers in the future, which is really just a polite way of saying that they don't believe the DEA is legitimate and fair, or that they or their subscribers should have to submit to its requirements.

"The two companies have chosen to seek an appeal on four of the five grounds addressed in the initial High Court case," said a spokesperson from BT.

These include the EU's technical standards directive, the authorisation directive, the e-commerce directive and the privacy and electronic communications directive. But more importantly for internet freedom is the question of proportionality that BT and Talktalk will bring up again.

"Both companies continue to take the view that the regime represents a disproportionate interference with the rights of internet service providers, subscribers and internet users and with the concept of freedom of expression," added BT's spokesperson. µ