Dutch Parliament not yet convinced about proposed ban on downloading

The Dutch Socialists, Greens and Liberal Democrats have voiced strong criticism on last week’s proposal to reform copyright the Undersecretary of Justice Fred Teeven presented in a letter to Parliament last week. The Liberal fraction, Teeven’s own party, has also raised some questions. The parties’ criticism targets several aspects of the proposed ban on downloading, reports nu.nl (in Dutch).

One of Teeven’s proposed reforms would make downloading of protected material illegal, but would leave “moderate” downloaders in peace. Green Party GroenLinks and Liberal Party VVD are wondering where the boundary lies between moderate and heavy downloading. VVD-spokesperson Joost Taveerne: “We wonder where and how Cabinet will draw the line between limited and excessive infringements on copyright.

Enforcement, too, remains a precarious subject. Liberal Democrats D66, not unjustly, worry about the privacy of internet users in monitoring the ban on downloading. “To us, a ban is out of the question. It implies monitoring all internet traffic, which conflicts with our idea about privacy.”

Teevens’ plan to make arrangements with rights holders not to take action against moderate downloaders fails to inspire confidence into the parties. D66 MP Kees Verhoeven: “Teeven may have affirmed that individual downloaders will not be subject of police investigations, but the civil road allows other parties the chance to start cases against individual internet users.” Recently, the Dutch Publishers Association announced to explore the options of targeting individuals.

The Socialist Party aims to get extra guarantees that legal offer actually improves, as was proposed by the Copyright Committee led by MP Gerkens of the Socialist Party. MP Sharon Gesthuizen stated that a ban on downloading can only follow an improved digital legal offer and never precede it.

Half May, Parliament will discuss the proposed copyright reform in writing. Copyright policy debates in the digital environment are never short of diverging visions and big claims on fundamental issues, so it promises to be an interesting discussion.