MOU Documentation

[FOI #14967 email]

Dear Mr Killock,

Freedom of Information: Right to know request 1-123019540

Thank you for your request for information asking for reports made in
connection with the MOU signed by UK ISPs and rights-holders. Your
request was received on 22 July 2009 and I am dealing with it under the
terms of the Freedom of Information Act 2000 (`the Act').

Generally any information provided will consist of copies of original
documents in paper or electronic format.

Where we hold the information you have requested we will endeavour to
answer your request in full and within 20 working days. If we are unable
to provide the information requested, we will explain why under the Act
the information has not been provided.

If you have any queries then please contact
[1][Ofcom request email]. Please remember to quote the
reference number above in any future communications.

Yours sincerely

:: Julia Fraser

Head of Knowledge Centre
020 7981 3751 T

020 7981 3406 F

[2][email address]

:: Ofcom

Riverside House
2a Southwark Bridge Road
London SE1 9HA

020 7981 3000
[3]www.ofcom.org.uk

show quoted sections

References

Visible links
1. mailto:[Ofcom request email]
mailto:[Ofcom request email]
2. mailto:[email address]
3. http://www.ofcom.org.uk/
http://www.ofcom.org.uk/

Dear Mr Killock,

Freedom of Information: Right to know request 1-123019540

Thank you for your request for information about reports made through the
process initiated by the Memorandum of Understanding signed by major UK
ISPs and rights-holders to investigate ways of reducing copyright
infringement. Your request was received on 22 July and I am dealing with
it under the terms of the Freedom of Information Act 2000 (the `Act').

Unfortunately I cannot identify the information you have requested from
the details you have provided; and therefore will be unable to proceed
with your request without clarification of the information you have
requested. To help us do so, I would like to know what specific
information you are looking for.

Once I have more details, and am able to find the information you have
requested, your request will be considered.

Generally any information provided will consist of copies of original
documents in paper or electronic format.

Where we hold the information you have requested we will endeavour to
answer your request in full and within 20 working days. If we are unable
to provide the information requested, we will explain why under the Act
the information has not been provided.

Please note that if I do not receive appropriate clarification of your
information requirements by 18 September 2009, then I will consider the
request closed.

If you have any queries then please contact me. Please remember to quote
the reference number above in any future communications.

Yours sincerely

:: Julia Fraser

Head of Knowledge Centre
020 7981 3751 T

020 7981 3406 F

[1][email address]

:: Ofcom

Riverside House
2a Southwark Bridge Road
London SE1 9HA

020 7981 3000
[2]www.ofcom.org.uk

If you are unhappy with the response or level of service you have received
in relation to your request from Ofcom, you may ask for an internal
review. If you ask us for an internal review of our decision, it will
be treated as a formal complaint and will be subject to an independent
review within Ofcom. We will acknowledge the complaint and inform you of
the date by which you might expect to be told the outcome.

The following outcomes are possible:

o the original decision is upheld; or

o the original decision is reversed or modified.

Timing

If you wish to exercise your right to an internal review you should
contact us within two months of the date of this letter. There is no
statutory deadline for undertaking internal reviews and it will depend
upon the complexity of the case, but we aim to conclude all internal
reviews within 2 months. If you wish to request an internal review, you
should contact:

Graham Howell

The Secretary to the Corporation

Ofcom

Riverside House

2a Southwark Bridge Road

London SE1 9HA

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.ofcom.org.uk/
http://www.ofcom.org.uk/

Dear Mr Killock,

Freedom of Information: Right to know request 1-123019540

Thank you for your request for information about reports prepared in
connection with a proposed memorandum of understanding on illegal
filesharing.

I am writing to advise you that the time limit for responding to your
request for information needs to be extended. It is occasionally necessary
to extend the 20 working day time limit for issuing a response. In this
case, this is because the information requested must be considered under
one of the exemptions which exempt Ofcom from releasing the
information, to which a public interest test applies. The exemption
concerned is in section 36 of the Freedom of Information Act, which deals
with information that would, or would be likely to, prejudice the
effective conduct of public affairs. This extra time is needed in order
to make a determination as to the public interest in releasing the
information. I hope to let you have a response as soon as possible.

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future communications.

Yours sincerely

:: Julia Fraser

Head of Knowledge Centre
020 7981 3751 T

020 7981 3406 F

[1][email address]

:: Ofcom

Riverside House
2a Southwark Bridge Road
London SE1 9HA

020 7981 3000
[2]www.ofcom.org.uk

If you are unhappy with the response or level of service you have received
in relation to your request from Ofcom, you may ask for an internal
review. If you ask us for an internal review of our decision, it will be
treated as a formal complaint and will be subject to an independent review
within Ofcom. We will acknowledge the complaint and inform you of the
date by which you might expect to be told the outcome.

The following outcomes are possible:

o the original decision is upheld; or

o the original decision is reversed or modified.

Timing

If you wish to exercise your right to an internal review you should
contact us within two months of the date of this letter. There is no
statutory deadline for undertaking internal reviews and it will depend
upon the complexity of the case, but we aim to conclude all internal
reviews within 2 months. If you wish to request an internal review, you
should contact:

Graham Howell

The Secretary to the Corporation

Ofcom

Riverside House

2a Southwark Bridge Road

London SE1 9HA

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.ofcom.org.uk/
http://www.ofcom.org.uk/

Dear Mr Killock,

Freedom of Information: Right to know request 1-123019540

Thank you for your request for information about reports made through the
process initiated by the Memorandum of Understanding signed by major UK
ISPs and rights-holders to investigate ways of reducing copyright
infringement. Your request was received on 22 July and I am dealing with
it under the terms of the Freedom of Information Act 2000 (the `Act').

Unfortunately I cannot identify the information you have requested from
the details you have provided; and therefore will be unable to proceed
with your request without clarification of the information you have
requested. To help us do so, I would like to know what specific
information you are looking for.

Once I have more details, and am able to find the information you have
requested, your request will be considered.

Generally any information provided will consist of copies of original
documents in paper or electronic format.

Where we hold the information you have requested we will endeavour to
answer your request in full and within 20 working days. If we are unable
to provide the information requested, we will explain why under the Act
the information has not been provided.

Please note that if I do not receive appropriate clarification of your
information requirements by 18 September 2009, then I will consider the
request closed.

If you have any queries then please contact me. Please remember to quote
the reference number above in any future communications.

Yours sincerely

:: Julia Fraser

Head of Knowledge Centre
020 7981 3751 T

020 7981 3406 F

[1][email address]

:: Ofcom

Riverside House
2a Southwark Bridge Road
London SE1 9HA

020 7981 3000
[2]www.ofcom.org.uk

If you are unhappy with the response or level of service you have received
in relation to your request from Ofcom, you may ask for an internal
review. If you ask us for an internal review of our decision, it will
be treated as a formal complaint and will be subject to an independent
review within Ofcom. We will acknowledge the complaint and inform you of
the date by which you might expect to be told the outcome.

The following outcomes are possible:

o the original decision is upheld; or

o the original decision is reversed or modified.

Timing

If you wish to exercise your right to an internal review you should
contact us within two months of the date of this letter. There is no
statutory deadline for undertaking internal reviews and it will depend
upon the complexity of the case, but we aim to conclude all internal
reviews within 2 months. If you wish to request an internal review, you
should contact:

Graham Howell

The Secretary to the Corporation

Ofcom

Riverside House

2a Southwark Bridge Road

London SE1 9HA

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.ofcom.org.uk/
http://www.ofcom.org.uk/

Our Reference: 1-123019540

Date: 15 October 2009

Email: [1][FOI #14967 email]

Dear Mr Killock

Freedom of Information: Right to know request 1-123019540

Thank you for your requests for information which Ofcom received on 22
July and 24 August 2009 and which we have considered under the Freedom of
Information Act 2000 (the Act).

You have asked for reports examining various aspects of the approaches
that could be taken for reducing on-line illicit filesharing which were
prepared by working groups set up under the process initiated by the
voluntary Memorandum of Understanding of 24 July 2009 between key
stakeholders from the ISP industry, the content industries, Ofcom and the
Government (the MoU).

The MoU process that you referred to came to an end on 10 February 2009,
following the publication by BIS of its Interim Digital Britain Report on
29 January 2009. At this point in time, there were four reports in
different stages of development relating to the considerations,
respectively, of the following working groups set up under the MoU:

. the working group looking at consumer education initiatives,
chaired by the Department for Culture, Media and Sport;

. the working group looking at the notifications trial, chaired
by Ofcom staff;

. the working group looking at mechanisms for tackling repeat
infringers, chaired by Ofcom staff; and

. the working group looking at commercial, legal alternatives to
unlawful peer-to-peer file-sharing, chaired by DCMS.

We can confirm that Ofcom holds each of these reports. However, the
reports constitute work in progress and, at the time work stopped, either
had not been accepted as ready for publication or as reflecting the
collective view of the relevant working group. Much of the information
contained in the reports was provided in confidence by the participants in
the working groups, which included the 11 signatories to the MoU and
individual members of the two rights-holder industry associations. Those
that provided information used in the preparation of the reports did so
voluntarily for the purposes of assisting deliberations under the MoU, not
in order to inform public debate. The matters that were being considered
under the MoU are now the subject of legislative proposals by the
Government. Those proposals will require the participation of those
involved in the MoU deliberations (as well as others) in detailed
discussions with Ofcom on implementation.

Section 36 of the Act provides an exemption from the duty to disclose
requested information if, in the reasonable opinion of a qualified person,
its disclosure would be likely to prejudice the free and frank exchange of
views for the purposes of deliberation. The exemption under section 36
applies if the public interest in maintaining the exemption outweighs the
public interest in disclosing the information - Annex B sets out the
factors we have considered in assessing the public interest for and
against disclosure in this case.

In the circumstances described above, and for the reasons set out in
Annex B, we have concluded that the information contained in the reports
is covered by the exemption in section 36 of the Act. We are satisfied
that the public interest in maintaining the exemption outweighs the public
interest in disclosure.

We also consider that other exemptions are likely to apply.

If you have any queries then please contact
[2][Ofcom request email]. Please remember to quote the
reference number above in any future communications.

Yours sincerely

:: Julia Fraser

Head of Knowledge Centre
020 7981 3751 T

020 7981 3406 F

[3][email address]

:: Ofcom

Riverside House
2a Southwark Bridge Road
London SE1 9HA

020 7981 3000
[4]www.ofcom.org.uk

If you are unhappy with the response or level of service you have received
in relation to your request from Ofcom, you may ask for an internal
review. If you ask us for an internal review of our decision, it will be
treated as a formal complaint and will be subject to an independent review
within Ofcom. We will acknowledge the complaint and inform you of the
date by which you might expect to be told the outcome.

The following outcomes are possible:

o the original decision is upheld; or

o the original decision is reversed or modified.

Timing

If you wish to exercise your right to an internal review you should
contact us within two months of the date of this letter. There is no
statutory deadline for undertaking internal reviews and it will depend
upon the complexity of the case, but we aim to conclude all internal
reviews within 2 months. If you wish to request an internal review, you
should contact:

Graham Howell

The Secretary to the Corporation

Ofcom

Riverside House

2a Southwark Bridge Road

London SE1 9HA

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Annex B

Section 36: Prejudice to Effective Conduct Of Public Affairs

Section 36 exempts information whose disclosure would, or would be likely
to, have any of the following effects:

o inhibit the free and frank provision of advice,
o inhibit the free and frank exchange of views for the purposes of
deliberation; or
o prejudice the effective conduct of public affairs.

Key points:

o Section 36 can only be used if, in the reasonable view of a "qualified
person", disclosure of the requested information would have one of the
specified effects.

o The application of section 36 is subject to a public interest
balance.
Factors for disclosure Factors for withholding
o The desirability of citizens o Ofcom, as a sector regulator,
being confident that decisions depends heavily on its on-going
are taken on the basis of the relationship with stakeholders.
best available information; Stakeholders would be less willing
to come forward and discuss
o Knowledge that the arguments necessary policy issues with Ofcom
relating to a debate will be employees, and would be less
disclosable may improve the willing to be open in any
quality of those arguments. discussions, if they knew that
what they said to us would be made
public.

o In addition, to regulate
effectively, Ofcom needs to be
able to think through all the
implications of particular policy
options and undertake without
prejudice rigorous and candid
assessments.
Reasons why public interest favours withholding information

A consequence of disclosure would be that stakeholders would be less
likely to come forward and discuss important policy issues, and be less
open, with Ofcom. Ofcom would therefore be less able to gauge
stakeholders' views as to how best to discharge any regulatory role it may
have in the future in relation to copyright infringement. These factors
would in turn lessen Ofcom's ability to meet to ensure that its regulation
is effective, proportionate and appropriate. This would be against the
public interest.

show quoted sections

References

Visible links
1. mailto:[FOI #14967 email]
2. mailto:[Ofcom request email]
3. mailto:[email address]
4. http://www.ofcom.org.uk/
http://www.ofcom.org.uk/