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’s decision to release 3-strikes measures before the European vote must be a political tactic, but is it a political blunder? How tightly are the rights-holders gripping the telecoms regulator.

 The British telecoms regulator Ofcom has today announced a draft of  3-strikes measures, just one week ahead of the European Parliament’s anticipated rejection of ACTA (Anti-counterfeiting Trade Agreement). The announcement came  on the midnight news,  and is on Ofcom’s website this morning. It was tipped to come before the summer, but pundits had expected the Ofcom would wait until after the European Parliament vote. The timing does look like

Read more: Britain goes ahead with 3-strikes in face of EU ‘no’ vote on ACTA

It’s a sideshow to the main drama, but Rupert Murdoch’s News Corporation, which owns the film company 20th Century Fox as well as  televion stations and newspapers worldwide, tried to get  privileged access to British policy-making on intellectual property.

Read more: Was News Corp privileged on IP policy?

BT and TalkTalk today lost their appeal against the Digital Economy Act, apart from one small concession (NB much of the media coverage incorrectly reported the costs element). The judgement has been greeted by the usual cheer-leading from the rights-holders. But what might it really mean for the two telecoms providers?

Read more: DE Act appeal ruling: is BT stuffed?

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. She was shortlisted for The Guardian Open Internet Poll 2012. 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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