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ACTA, SOPA & the EU - essential background

The Copyright Enforcement Enigma jacket

SOPA and PIPA have put Internet copyright into the mainstream news agenda.  The Copyright Enforcement Enigma introduces you to this topic. It explains the history of copyright  sanctions. It puts 3-strikes and blocking  policies into context. And it unravels the strange story of how it all got mixed up in the Telecoms Package and Amendment 138. When you finish it, you will understand why the ISPs and fundamental rights are under attack!  Click here  to get it!

Digital Britain

Britain is influential in European policy for telecoms and online content. It is not as loud as France, but in a quieter way, lets its views be known. British  policy is often the point from which the EU takes its lead in this field. Within the European Commission, the British influence on telecoms policy is evident in the ongoing initiatives to establish and maintain a deregulated  market. 

The dominant policy which I discuss  is the Digital Economy Act which was forced through in the dying hours of the last Parliament under the old discredited Labour regime.

More than one third of the content of the Digital Economy Act  deals with copyright enforcement, and includes provisionsl to address peer-to-peer filesharing by means of  3-strikes  measures.  Within it  are proposed  measures to  to either suspend or terminate the user’s access or to slow their bandwidth to make it impossible to do file-sharing or any other advanced applications.  These measures  involve the use of network technology against the users, they will have implications for the neutrality of the network, and the neutral ‘mere conduit’ status of the network provider. They potentially will entail the implementation of deep packet inspection – the same equipment as used in China. The broadband provider will be liable to do this, at risk of a quarter of a million pound penalty.

However, since  the  coalition government  has been in power, other issues have arising, and in particular, the government is holding talks with industry about various forms of Internet blocking. I will reports on these events too.

 The British government is about to unveil proposals to block the Internet for copyright enforcement purposes. The confirmation came in a Parliamentary debate yesterday  on Intellectual Property, in which pro-copyright MPs had a little ‘chit-chat’ about   the allegedly  ‘anti-copyright’ government, and indicated their desire for the activation of the Digital Economy Act. 

Read more: UK Minister says website blocking proposals “imminent”

 When I heard yesterday that Richard Hooper had been appointed to run a feasibility study for the proposed Digital Copyright Exchange, I was optimistic that finally someone in authority would bite this poisoned bullet and wreak change on the stifled copyright industries. Regrettably, on examining the Feasibility Study document,  I see little basis for maintaining that optimism. There is an urgent need for a shake-up of copyight licencing in the EU, but sadly this study is unlikely to carry the weight necessary to get it past the mighty copyright industries.

Read more: UK feasibility study to put digital copyright through the hoops

In an astonishingly frank admission, a key civil servant who worked on the Digital Economy Act (DE Act) has revealed that the UK government did not gather any evidence  to support the copyright enforcement policies. They  just relied on statistics supplied by the rights-holders.   Worse still, civil servants were not able to assess how those statistics were compiled – because the rights-holders weren’t willing to let them. Finally, in a damming indictment of the civil service processing of the DE Act, he let slip that they were just trying to make “the best brick they could, with what straw they could find”.

Read more: We had no evidence for DEAct, UK gov’t confesses

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ACTA - essential background!

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