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A government admission may have boosted TalkTalk and BT's chances of success in their attempts to secure a judicial review for the Digital Economy Act.

Civil Servant Adrian Brazier – who helped form the legislation - told the Department for Business, Innovation and Skills' Parliamentary Select Committee that the evidence used during this process was "somewhat opaque".

"It is reasonable to acknowledge that the Open Rights Group have something of a point about the evidence used for the Digital Economy Act," he stated, as reported by IPTEgrity.

"The impact assessment was not based on new research or evidence. We had no independent source of information."

Mr Brazier said the evidence used by the government was provided solely by rights-holders, who were unwilling to share their workings and methodology.

"We were trying to make the best brick we could with what straw we could find," he stated.

TalkTalk, BT and the Open Rights Group are among the organisations seeking to have the Digital Economy Act thrown off the statute books.

The controversial legislation was enacted during the parliamentary wash-up period ahead of the May 2010 general election.

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