A forthright post over at Boing Boing accuses Ofcom of copping out of their responsibility to sort out just where the burden of proof would fall in the Digital Economy Act’s proposals to disconnect people accused of breaking copyright laws. It’s based on an analysis by the Open Rights Group of Ofcom’s draft code.
“Ofcom’s proposal denies us the ability to check whether the methods of collecting of the evidence are trustworthy. Instead, copyright holders and Internet Service Providers will just self-certify that everything’s ok. If they get it wrong, there’s no penalty.
“The Act requires the evidential standards to be defined – but Ofcom are leaving this up the rights holders and ISPs to decide in the future. We ask, how is anyone meant to trust this code if we can’t see how the evidence is gathered or checked?”