17^th Jun. 2010: ISPAI position remains that copyright infringers are responsible for their actions.

ISPAI fully supports member organisation UPC in its stance in defending its position of "mere conduit" as a provider of Internet access services. We have stated these priniciples on many occassions to the media and on this site. (See lower right column for statement triggered by Music Industry calls to block The Pirate Bay in August 2009.)

ISPAI reiterates that it does not in any way condone the use of ISP's Internet services for the infringement of copyright. If rightsholders wish to take action against persons they allege are infringing their works, that action must be taken against the alleged infringer. It should not be taken against ISPs who are "mere conduits" providing a public communications services. The ISP companies are not infringing the music companies' works and therefore action taken against ISPAI members is completely spurious. Indeed, where legal action has been taken against Irish subscribers alleged to have been breaking copyright, ISPAI members have complied with court orders to identify the subscriber involved to the Irish courts.

There is no legal basis under either Irish or European law that requires an ISP to monitor or block subscriber traffic or block any websites on the allegations of a private body. ISPAI members have always complied with requirements made of them through proper judicial process and it is vital for an open democratic society that these processes apply equally to citizens' use of the Internet as to any other walk of life. This fundamental rule of law should not be bypassed simply because it might be awkward. If legislation must be changed to keep pace with modern developments, then this may be done through the Oireachtas but any such changes must uphold that is the courts of this land that decide if somebody is guilty or not guilty of alleged wrong doing and to decide the appropriate punishment as laid down in law.

While some of our members find themselves being placed under injunctive positions in specific cases, this does not change our belief in the principles outlined above. ISPAI also wishes to reiterate its position that the recorded entertainment industry must adapt to the changing world, just as countless other businesses have done, and develop innovative business models that exploit the power of the Internet and provide more attractive services expected by their customers in the 21^st century.

25^th Feb. 2010: PRECEDENT OF ITALIAN COURT CONVICTION OF GOOGLE EXECUTIVES OF GRAVE CONCERN TO ISPs

ISPAI is very alarmed by the ruling of an Italian judge that three Google executives were criminally responsible for an online video of an autistic teenager being bullied posted by a user of their service. Paul Durrant, General Manager of ISPAI said, “this verdict potentially has serious consequences for Internet Service Providers. It seems to challenge the fundamental principles, protected in the European Union by the eCommerce Directive, that access and hosting providers and online services such as YouTube, Facebook and Twitter are not responsible for the content that users upload”.

The verdict, the first of its kind, sets a very dangerous precedent which implies that ISPs (in Italy at least) must somehow police content placed on their services. It is also worrying that the three Google employees who had nothing to do with the filming or uploading of the video now have a criminal record. This will be of concern to ISP personnel everywhere.

Google have decided to appeal the verdict and we anxiously await the result of those proceedings. However, if the ruling stands interested parties may seek similar rulings in other EU jurisdictions, including Ireland, against ISPs who as commercial entities would face massive liabilities and the associated costs this would entail.

24^th Feb. 2010: EUROPEAN ISPs FEAR THAT INTERNATIONAL TRADE AGREEMENT CUTS EU CITIZENS' INTERNET PROTECTION.

14^th Dec. 2009: Industry Expert Group joint statement on Data Retention implementation.

The Telecoms and Internet Industry members of the European Commission Expert Group on Data Retention point out the lack of harmonisation achieved in the implementation of the Data Retention Directive and the considerable implications this has on competition and differing costs of communications services to the public across the EU.

20^th Oct. 2009: EuroISPA statement on Amendment 138 of Telecoms Package.

The European Association of Internet Service Providers (EuroISPA) urges the European Parliament to continue to support citizens’ Fundamental Rights.

EuroISPA strongly supports the principles laid down by the amendment 138 as adopted by the European Parliament in its second reading with an overwhelming majority. We believe that unrestricted access to the Internet is an integral part of Fundamental Freedoms, providing a secure business environment and protecting citizens’ civil liberties.

Any restriction of an individual to those rights should only be taken following a prior judicial ruling. Only a court can guarantee a proportionate, balanced decision, respectful of the Fundamental Rights of Information, Privacy and Communication.

Being a matter of Fundamental Rights for European citizens and businesses, it would be unwise to give Member States excessive scope regarding the application of the relevant rules. Otherwise, there is a considerable risk of varying and arbitrary implementation, the result of which would damage both citizens' rights and the Single Market.

23^rd Apr. 2009: Fraudulent e-mail warning

Don't let the con artist burn your e-mail account.
Many customers of ISPAI members have recently received e-mails purporting to have been sent from their ISP. These state that the customer's connection has been detected as having sent spam or viruses or illegally downloaded music. (There are a number of different wordings in circulation). These go on to request various personal details such as your e-mail account, e-mail password, bank details, etc. supposedly so the ISP can reset your account to prevent this happening again.

These e-mails are scams. They have not been sent by your ISP. Your ISP will never ask you for passwords and such private data in an unsolicited e-mail. Do not be fooled. Do NOT respond to such e-mails. If in doubt, ask your ISP by telephoning their customer service desk or completing a query form on their support website. Never click to a support webpage connected by a link provided in such an e-mail.

16^th Dec. 2008: Mobile phones: A parent's guide to safe and sensible use.

ISPAI members O2, Meteor, 3 and Vodafone, as mobile operators in the Republic of Ireland, join forces to launch a new safety booklet for parents through the Irish Cellular Industry Association. A parent's guide to safe and sensible use of mobile phones is designed to help parents understand how children are using their phones and the issues they face. It provides clear tips for parents to assist their children get the most out of their phones while teaching them to be alert to potential dangers and keep themselves safe. The full booklet is available for download here. (pdf 1.4 Mb)

1^st Oct 2008: Anonymous report to ISPAI hotline.ie leads to demise of child pornography websites registered in Australia.

ISPAI and ACMA are delighted to reveal the successful international hotline, ISP industry and police cooperation that led to the termination of a network of related illegal websites selling child abuse imagery on the Internet. The power of the public to instigate action was clearly shown when a single report received in Ireland resulted in this decisive action in Australia. Read full press release here.

8^th June 2010: JOINT INDUSTRY STATEMENT ON ACTA

EuroISPA (of which ISPAI is a member Association) together with Telecoms Associations has issued the following statment on the ACTA trade negotiations.

Industry is concerned that proposals within these trade negotiations appear to require operators to directly divulge customer details to rights holders and to place liability on network providers contrary to the e-commerce directive.

The statement is available here.

18^th Feb. 2010: LEGAL AND REGULATORY THREATS TO ISP BUSINESS MODELS

Over 90 percent of national legislation comes from the European Union. Never before have ISPs and user-focused online services faced so much European legislation and pending trade agreements that threaten their viability and competiveness.

This seminar provided a briefing on measures which appear in Directives (some overdue for tranposition and some currently in draft stages) and new Trade Agreements that place costs and liabilities on providers. An outline was given of the EU legislative process and how ISPs' views may be better represented. Further information on the content and speakers who presented at the seminar may be found here.

19^th Jan. 2010: Industry recommedations to EU Spanish Presidency "Digital Europe Strategy"

Information and Communications Technologies (ICTs) will play a key role in Europe’s ability to move forward into the future. Deployed properly, ICTs can help to reduce carbon usage and promote sustainability, support better delivery of public services to all Europeans, create jobs and equip Europe’s workforce for the 21st century economy, and enhance Europe’s ability to compete in the global marketplace. The joint industry paper identifies seven key areas in which urgent action is needed in order for Europe to fully reap the benefits of ICT:

1. Productivity and Growth
2. Sustainability
3. Creative Content in the Digital World
4. Trust
5. Participation for all
6. Trade/Market access
7. Reduction in Administrative Burdens

Safer Internet Day 2010 is set for 9^th. February and has the theme "Think B4 U Post".

The ISPAI supports the awareness raising objectives of Safer Internet Day. This is coordinated by the European Commission Safer Internet Programme "Project INSAFE". The ISPAI's www.hotline.ie service will be partaking in events to mark the day. The Irish Safer Internet awareness node is run by NCTE and is called "Webwise". Their site may be found at: www.webwise.ie.

However, creating user awareness and encouraging safer Internet practice is an ongoing objective which ISPAI members take seriously 365 days a year. This is achieved through our financial support of the Hotline for its activities at national level and of INHOPE (www.inhope.org) at an international level.

ISPAI also wishes to reiterate its position that the music industry must adapt to the changing world and develop innovative music services that exploit the power of the Internet to provide more attractive services to their customers - just as is already seen in countless other businesses.

ISPAI 2010 membership for small ISPs.
ISPAI is offering a very modest annual membership for new market entrants and small ISPs. This is aimed at making membership of self-regulation and support of the www.hotline.ie service affordable for all. The industry must show the public and government that we present a united front in working for a safer Internet through self-regulation. For details click here.

The report, covering Hotline report processing and activities in 2008 was launched on 24^th June 2008 by Mr. Dermot Ahern, T.D., Minister for Justice, Equality and Law Reform.
The report shows that 1,966 reports were received by the Hotline, 497 were assessed as illegal and of these 443 were child pornography. This is represents a 38% decrease on 2007 of confirmed child pornography. None were traced to sources within Ireland but were forwarded through INHOPE and Garda channels to appropriate authorities in the apparent country of origin. The full report is available at www.hotline.ie/annualreport/