A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms   Due August 2013.

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.

Ofcom, Britain’s industry-cuddly communications  regulator, is likely to find that its plans for implementing the copyright '3 strikes' scheme in the Digital Economy Act will back-fire sooner rather than later.  Two of Britain’s largest ISPs have indicated that they cannot meet the timetable set out by Ofcom, and, what’s more, they want cash upfront to do it.

Read more: DE Act Costs Order: has Ofcom lost its sense of timing?

Will the Digital Economy Act copyright measures be in place by 2014?

That is the current plan of the industry-friendly UK telecoms regulator Ofcom. In its consultation issued , Ofcom is proposing a tight schedule to get the measures in place. From what can be seen, the schedule relies on a smooth path through the various approvals that have to be given before Ofcom can give industry the go-ahead. That means that the European Commission will have to give the measures the all-clear by late November, and Parliament itself will have to

Read more: Ofcom's DE Act 2014 plan requires compliant Parliament

Jeremy Hunt's Department for Culture, Media and Sport, not to mention the Olympics, (DCMS) has been rapped over the knuckles by a Parliamentary committee. The reason for the ticking off is a costs order for the 3-strikes measures in the Digital Economy Act. MPs believe that DCMS should have held the Order until after a consultation being run by Ofcom. Moreover, their report implies that DCMS should have got its act together properly before drawing up the Order in the first place.

Read more: Did Ministry breach procedure in DE Act costs order?

About Iptegrity.com

Iptegrity.com is the website of Dr Monica Horten,  independent policy writer and Visiting Fellow at the London School of Economics & Political Science. Iptegrity  offers expert insights into Internet policy. Iptegrity is read by lawyers, academics, policy-makers and citizens, and cited in the media. Please acknowledge Iptegrity when you cite or link.  For more, see IP politics with integrity

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The Copyright Enforcement Enigma

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