If Eircom disconnects You, is that Illegal?

I touched on the Eircom will disconnect you with tenuous evidence story already. However, there is a new twist to this story now.

The EU parliement has a piece of legislation, known as Amendment 138 (now renumbered amendment 46), this piece of legislation, which has been adopted by the ITRE committee, states that:

restrictions to the fundamental rights and freedoms of Internet users can only be put in place after a decision by judicial authorities

So, Eircom and IMRA's little plan of disconnecting people who they have identified as being filesharers, with no evidence or proof needing to be given, has to be a violation of this amendment.

The only question now is whether they will keep it in place until a case goes to the European Courts or not. I suspect they will. The music companies have shown themselves to be quite foolish most of the time.