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’

Is the House of Lords serious? Could users be asked to divulge their computer logs in order to prove themselves innocent of copyright infringement?

 

The debate last week on the Digital Economy Bill  discussed the tribunal procedure for applying sanctions to users accused of copyright infringement. The question was asked  by Lord Lucas,  how would a user be able to prove their innocence? I will say upfront, that he was not happy with the answer he got.

 

The Digital Economy Bill provides for a 3-strikes system against peer-to-peer downloading and alleged copyright infringement. Lord Lucas'  concern is that in a 

Read more: Digital Economy Bill: will users have to divulge logs?

Could an amendment tabled by Lord Mandelson pave the way for filtering  the Internet in the UK?

 

The  Digital Economy Bill, which seeks to introduce copyright enforcement measures against peer-to-peer downloading   is currently being debated in the House of Lords. An amendment passed last weekappears to widen the application of the government's proposed " technical measures", and legal experts are debating whether it could open the door for 'filtering'.  It is a simple linguistic change, but the meaning is unclear.

Amendment 155A  replaces the words 'particular' subscribers' with the words ‘all relevant

Read more: Digital Economy Bill: is this filtering by the back door?

UK Digital Economy Bill: The infamous Henry VIII clause  which will permit the Secretary of State to re-write UK copyright law without oversight from Parliament, will also permit the copyright industries to keep their trade secrets, under a proposed new amendment from Lord Mandelson.

*Next debate is this Tuesday, 26 January. Lords Razzall, Whitty, Clement-Jones and Lucas have announced their intention to oppose the Clause. *

An amendment tabled to the Digital Economy Bill calls for the details of representations made to the Secretary of State  in consultations amending copyright law to be kept confidential. The aim of the amendment is  to protect the commercial interests of the copyright industries. (See full text below).

 

The amendment is one of several which Lord  Mandelson has

Read more: Mandelson in new move to protect music industry secrets

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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

Iptegrity.com is made available free of charge for  non-commercial use, Please link-back & attribute Monica Horten. Thank you for respecting this.

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States v the 'Net? 

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

"original and valuable"  Times higher Education

" essential read for anyone interested in understanding the forces at play behind the web." ITSecurity.co.uk

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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