Among the many objectives of the new Digital Economy Act is the desire to crack down on the growing problem of illegal file sharing, writes Michael Sandys, Head of Commercial at Kirwans.

However, while most people would in principle support the combating of internet piracy, it seems that certain unscrupulous law firms have identified a business opportunity to make a lot of money out of pursuing innocent web users.

The issue is highlighted in a current case at the High Court in which PlusNet – which is owned by the communications giant BT – is facing demands from a law firm to hand over the names of broadband customers it says have been illegally downloading music from its client The Ministry of Sound. BT has won a temporary stay of execution but the case is by no means over and should the law firm get its way it will set alarm bells ringing among all broadband subscribers who could find their data being shared out like confetti.

These unscrupulous law firms send aggressive letters to homeowners accusing them of internet piracy and demanding between £500 and £700.

Unfortunately, the pursuit of those accused of illegal file-sharing is not as straightforward as some lawyers would have you believe. While the owner of the IP address is the one to be targeted, tens of people – including family, visitors, neighbours, visitors and the more unscrupulous – could be using the address.

The Act, however, places the burden of responsibility on the person owning the internet connection to prove that they did not pirate a film or download music illegally. If they can’t prove their innocence, they face fines of up to £50,000 and being disconnected from the internet.

Consumer watchdog Which? has described the carpet-bombing by law firms as “little more than speculative invoicing” and no doubt many people agree to settle the bills in order to avoid further hassle or causing tension with family or friends.

In the United States, there has already been a backlash against media companies demanding money with menace and in this country at least two law firms have abandoned the practice of issuing letters to IP address owners.

Those responsible for drafting the new Digital Economy Act will no doubt hope that the use of scare tactics in search of a quick buck are eradicated entirely as quickly as possible and that a more responsible approach is taken in combating what is undoubtedly a serious problem.