Big tech accountability? Read how we got here in  The Closing of the Net 

Digital Britain

Britain was traditionally  influential in European policy for telecoms policy. It was a  British Commissioner, Lord Cockfield,  who established the Single European Market.  Britain led the way in the establishment of a competitive European  telecoms market.  However, in leaving the EU, Britain has  lost the ability to influence  European policy in the future, and in 2022, Britain sadly finds itself no longer a major power, but instead has become an embarrassment for  British representatives in international fora.  The government is sunk deep in corruption,  it blatantly lies, its law-breaking has led to mistrust among former allies.  There are multiple posts, articles, and tweets to support this claim. 

It's in this context that the British government is preparing a law to address regulation of the Internet. It's a law that will have far-reaching implications  for the way the Internet will function in Britain, and will impact on web platforms overseas. I am referring of course, to the Online Safety Bill. As I write this, at the beginning of 2022, the Bill is only in draft form. How will it end up? Interestingly, in going through my old posts, I note that wrote in 2015 about a similarly -named Bill. It was the predecessor to this one. It never became law, but many of the provisions in it appear to have been taken forward into the 2022 version. 

A number of the articles in this section discuss a previous policy, called   the Digital Economy Act 2010.  This was a law that mandated broadband providers to work with the music and film industries, in order to enforce copyright on the Internet. It was forced through in the dying hours of the Parliament before the General Election of  May 2010.  The measures  involved the use of network technology to sanction  users, with  implications for the neutrality of the network, and the  ‘mere conduit’ status of the network provider. The law was deemed unworkable and never implemented. That is a lesson that needs to be taken on board by all policy-makers in this field.

If you like the articles in this section, you may like my book The Closing of the Net.

If you are interested in the Digital Economy Act and copyright enforcement policy, you may like my previous books A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms and The Copyright Enforcement Enigma - Internet Politics and the ‘Telecoms Package’

Digital Economy Bill: Nominet provisions. Should the government be able to step in and take over the Internet domain registry? If so, under what conditions?

 

The final stages of  the House of Lords examination of  the Digital Economy Bill  saw their lordships arguing over  a clause which will give the government the power to take over the Internet domain registry in cases where there has been a "serious failure" .

 

The government wants the provision (in Clause 18)  because the Internet is now so important for the UK economy.  One would asssume that the concern relates to the management of the domain servers by the registry, and ensuring that they do not become sloppy resulting in network failures for consumers downstream. However, the government has not specified that

Read more: What is a serious failure of an Internet registry?

What's in a name? Finally, a public admission by the UK government that the Digital Economy Bill is about Graduated Response. With an  appeals process, not a prior hearing, thus it is unlikely to comply with a new European law. 

 

 The Minister responsible for the Digital Economy Bill in the House of Lords has admitted in Parliament that the Digital Economy Bill is about bringing in a graduated response  system for copyright enforcement on the Internet. This appears to be the first time that the UK government has been explicit in calling it by its rightful name.

 

Speaking in the Lords last week (26 January 2010), Lord Young of Norwood Green, Parliamentary Under-

Read more: Digital Economy Bill: Minister admits it's graduated response

The Digital Economy Bill includes a new Code to limit Internet access.   The government may bypass consultation process to bring it into force.

 

The UK Digital Economy Bill, currently going through the House of Lords, provides for  a new Code  which will  implement the government's plans for  dealing with peer-to-peer filesharing and any form of copyright infringement via the Internet. The Code is to be drawn up behind the scenes, by Ofcom, without scrutiny of Parliament. 

The  new code is outlined in

 

 

Read more: UK 3-strikes bill: Code to limit Internet access

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Iptegrity in brief

 

Iptegrity.com is the website of Dr Monica Horten. I’ve been analysing analysing digital policy since 2008. Way back then, I identified how issues around rights can influence Internet policy, and that has been a thread throughout all of my research. I hold a PhD in EU Communications Policy from the University of Westminster (2010), and a Post-graduate diploma in marketing.   I’ve served as an independent expert on the Council of Europe  Committee on Internet Freedoms, and was involved in a capacity building project in Moldova, Georgia, and Ukraine. I am currently (from June 2022)  Policy Manager - Freedom of Expression, with the Open Rights Group. For more, see About Iptegrity

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States v the 'Net? 

Read The Closing of the Net, by me, Monica Horten.

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Find out more about the book here  The Closing of the Net

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Copyright Enforcement Enigma launch, March 2012

In 2012, I presented my PhD research in the European Parliament.

The politics of copyright

A Copyright Masquerade - How corporate lobbying threatens online freedoms

'timely and provocative' Entertainment Law Review


 

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