Legal status of customers
On our control pages for your login you can select your legal status in the way you are purchasing the internet access service from us. There are three options with subscriber being the default. Your choice does not affect the cost of the service in any way.
Subscriber
A subscriber is someone that has an agreement with us to use an internet access service and is not buying that service as a communications provider. This is the default.
Communications provider
A communications provider is anyone that is providing a communications service to anyone else, whether other people in their house or office, visitors wanting to check their email, neighbours or public access wifi, etc. Many people could qualify as a communications provider. The communications service you provide does not have to be internet access even. The important thing is you can select this to buy service from us as a communications provider which is all that is needed to stop you being a subscriber.
Note that the exact definition of communications provider is not resolved yet and we are hoping that OFCOM will include a definition within the initial obligations code of the Digital Economy Act.
Internet service provider
An internet service provider is anyone that is a is providing internet access services to subscribers. These have to be people that have an agreement with you to provide an internet access service (so public wifi does not count if you have no agreements) and they must themselves not be a communications provider. It is also necessary for you to allocate IP addresses to be an internet service provider (e.g. providing email does not count). If you have anyone else using the service but they do not meet these criteria (an agreement, allocating IPs and them not being a communications provider) then you are just a communications provider yourself.
Note that if you are an internet service provider that providers services to the public then you become a public electronic communications network provider and have a number of additional obligations under the Communications Act.
What are the implications of the choice?
This is not formal legal advice. The choice you make affects the way we act in certain cases. We rely on you to make the choice, and you can change your selection any time. If you make the wrong choice and we get fined as a result, we expect you to cover our fine.
If you are a subscriber then the Digital Economy Act means we will have to pass on copyright infringement reports we get about your IP addresses; count those reports; include you (anonymously) in lists we have to send; and maybe take measures to block or restrict your internet service. If you are a communications provider or service provider we do not have to do any of those things as they only apply to subscribers.
If you are a service provider you may have to take some actions if you get copyright infringement notices, passing them on to your subscribers. However, if we get such notices about your IP addresses we do not have to pass them on to you, or tell the copyright owner who you are, or any contact details for you (unless they have a court order).
FAQ
Bear in mind this is not legal advice, just our opinion
- If I am a communications provider do I have any extra legal obligations?
- We believe not - being a communications provider but not being an internet service provider almost certainly means you have no extra legal obligations.
- Can I just say I am a communications provider to bypass the annoying copyright notices?
- You need to tell us the truth. The criteria for being a communications provider are not yet completely clear. They may simply be down to what service you buy, in which case buying that service means you are a communications provider. That is the definition we are pushing for. However, if you say you are a communications provider and as a result we don't process copyright notices and then get fined later you are expected to cover that fine as we acted based on what you said. This is pretty unlikely as we don't even have to keep records of the notices we ignored, or why we ignored them if they are not valid, so we are not sure how OFCOM could make a case to fine us when we hold all the evidence. In most cases it is pretty clear cut - if you provide communications services to others you are clearly a communications provider.
- Won't I have to keep records for a year under the Data Retention Directive?
- If you are a public electronic communications network provider then you could have to keep some records under the DRD. This applies whether or not you tell us that you are an internet service provider. However
- The secretary of state has to ask you to start keeping records
- The secretary of state has to reimburse you for the costs of doing so
- The records you keep are data that you already process or generate - you don't have to start taking peoples names, etc. It is probably DHCP IP address and date/time only.
- If you don't keep records after being asked, they won't know until they have reason to ask you for the records. Then, the enforcement is that they get a court order to require you to start keeping records. Only then would there be consequences (fines, etc.) for failing to comply.
- Will I have to handle copyright infringement reports from copyright owners and pass on to my subscribers?
- If you are an internet service provider, then yes, the new law applies to you. Again, this applies regardless of what you tell us you are. If you are an internet service provider then tell us so that we don't bother processing reports sent to us.
