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Internet S.O.S

In this new section for April  2010, iptegrity.com is publishing a 3-part lay person's guide to  the UK's Digital Economy Bill. 

Part 1:PART 1: HOW THE DIGITAL ECONOMY BILL WORKS FROM THE USER’S VIEWPOINT

Part 2:  HOW THE DIGITAL ECONOMY BILL OPENS THE DOOR TO INTERFERENCE WITH YOUR COMMUNICATIONS.

Part 3:  HOW THE DIGITAL ECONOMY BILL COULD GO AGAINST EU LAW

This is my own analysis and it follows on from the work I have done on the EU Telecoms Package. Kindly acknowledge my work with the appropriate citation. 

I have written it in a way that I hope anyone can follow - you do not need to be an academic or a lawyer to understand the principles in this Bill. 

The sources which are cited in the guide are: 

The submissions to the BIS P2P consultation ending 29 September 2009  - this was the government consultation which was supposed to precede the Digital Economy Bill measures on copyright enforcement and filesharing, however the government has overridden it. All of the documents for the P2P consultation l public documents and available online. They are onlyavailable in zip files, hence I do not provide individual links. 

The submissions cited in this series of articles are: BBC, BPI, Motion Picture Association, Virgin Media, UK Film Council. 

 The Opinion of Richard Spearman QC is a public document available within the Joint Committee on Human Rights report on the Digital Economy Bill

 The EU Telecoms Package is  Directive 2009/140/EC : The relevant provision is Article 1.3(a).

The paper by the European Data Protection Supervisor(EDPS) that I refer to  is available here  and the  EDPS website is here

Hansard for the House of Lords debates on the Digital Economy Bill

 Additional sources of information:

Francis Davey

 Professor Lilian Edwards Pangloss blog

 Financial Times articles: Bill will censor internet, providers claim By Maija Palmer, Technology Correspondent 6 March 2010

Providers attack Net Piracy Plan By Tim Bradshaw and Maija Palmer, 1 April  2010

Comment on the situation in Parliament from Mark Gracey , who is the in charge of regulatory affairs  for Thus (Demon Internet).

 BBC placed a Freedom of Information act request and got all of the BIS correspondence from lobbyists on the Digital Economy Bill. It reveals more about how the rights-holders have lobbied, as well as theanswers from BIS to constituent's letters.

London Evening Standard: Kill this bill or it will switch you off the Net  

Daily Telegraph opposes the Digital Economy Bill. 

The Times Millions will have to buy routers to beat hackers  

LibDems Save the Net Factsheet 



S.o.S. for the UK Internet | Print |
Written by Monica Horten   
Mar 30, 2010 at 11:03 PM

Or why the Digital Economy Bill matters to you!

 

The Internet is only 20 years old, yet many people nowadays cannot live without it. They shop, bank, learn, work, play, socialise  on it. So much so that the government and the conservative party have put it at the heart of their election manifestos, to lead the country out of its economic difficulties.

 

So why, then, would the government want to block the Internet?

 

Next  week the British Parliament will be presented with a Bill that will bring automated surveillance of  web activities on an unprecedented scale, which must surely breach the

Last Updated ( Mar 30, 2010 at 11:41 PM )
Read more...
Internet S.o.S Part 1: the user's viewpoint | Print |
Written by Monica Horten   
Mar 30, 2010 at 11:27 PM

PART 1: HOW THE DIGITAL ECONOMY  BILL WORKS FROM THE USER'S VIEWPOINT

 The most direct way that Internet users will be affected is the graduated response (aka 3-strikes) measures. The British government has its own interpretation of graduated response, which is different from that in other countries. It is also buried  in legal jargon and deliberately confusing. Here is a short, to the point, explanation. 

 

 

Don't be fooled by the language

  A "temporary account suspension" is just a deliberate attempt to confuse people and bury any publicity about  the Bill. It means that the Internet account will be cut off for a period of time.

 "Temporary account suspension would require the ISP to prevent the use of a particular account to access the Internet for a period of time" (BPI, supplementary submission to DBIS Consultation, 25 September 2009, p3).

 The reason they cannot say how long it will be cut off for, is that the exact details of the punishments to be meted out to Internet users  will be defined by Ofcom, in secret. Discussions are going on now, (see the recent leaked email from the BPI) but the detail will only be made public  after Parliament has passed the law, and the Queen has given her assent.  Therefore, we, the UK citizens, will

Last Updated ( Mar 31, 2010 at 11:39 AM )
Read more...
Internet S.o.S Part 2: Interference with your communications | Print |
Written by Monica Horten   
Mar 31, 2010 at 12:22 AM

Part 2 : HOW THE DIGITAL ECONOMY BILL OPENS THE DOOR TO INTERFERENCE WITH YOUR COMMUNICATIONS

 The Digital Economy Bill stands to change a fundamental principle of UK communications policy. When considered in light of some of the proposed ways to implement it, we could be facing a regime of widespread Internet surveillance. 

 

What laws does the Digital Economy Bill change?

It changes communications law, as well as copyright law. In fact, most of the provisions in the Bill amend Section 124 of the Communications Act 2003.

More importantly, the Digital Economy Bill changes communications law, in order to enforce copyright law.

In making this change, it alters a fundamental principle on which our democracy is based, namely that individual communications may not be interfered with by the State or by private companies.

This is a principle which, since the introduction of the Human Rights Act in 1998, has been supported by EU law, under the European Convention of Human Rights.

 When we just had the telephone network, that right was protected

Last Updated ( Mar 31, 2010 at 03:27 PM )
Read more...
Internet S.o.S Part3: the EU perspective | Print |
Written by Monica Horten   
Mar 31, 2010 at 12:30 AM

Part 3 HOW THE DIGITAL ECONOMY BILL COULD GO AGAINST EU LAW

 Europe has passed a law that users must get a 'prior, fair and impartial hearing' before being cut off the Internet. How can an appeal which you pay for, be the same thing? 

 

Why does  European law matter - isn't this a UK law?

Last year the EU passed a law called the Telecoms Package. In the UK, our media kept us in the dark, but it was extensively covered by some Continental media. Citizens advocacy groups from many European countries fought hard in Brussels to oppose graduated response measures of the type that the government is now trying to impose onto us in Britain.

 

The Telecoms Package contains a provision which means that graduated response measures cannot be imposed without giving the user a right to due process.  The actual words are ‘a prior, fair and impartial procedure' which guarantees the presumption of innocence. (EU Framework directive 2009/140/EC, Article 1.3a). The intention of the European Parliament was that users would have a court

Last Updated ( Mar 31, 2010 at 04:17 PM )
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 "Giving up freedoms for the sake of old models for the protection of intellectual property rights is not something that this Parliament should even think of"

Eva Lichtenberger, MEP


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