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April 8th, 2010, 15:34 GMT · By

Nightmare Digital Economy Bill Passes Through Commons in the UK

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In Minority Report the police knows you're going to commit a crime even before you do
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In a move that probably shouldn't surprise anyone, the controversial Digital Economy Bill was passed by the British Parliament Commons chamber with an overwhelming majority. The mock debate was rushed through Parliament, which will be dissolved ahead of the upcoming General Elections in the UK. Most of the bill was written by the record labels and movie studios themselves and MPs didn't even bother to show up for the debate before casting their vote in line with their party view.

The bill got through with 189 votes to 47. Only 236 of the 650 MPs actually turned up for the voting. What's more, only about 20 MPs sat through the two-hour debate, the rest showed up just in time to cast their vote. The two main parties in the country, Labour and Conservative, mortal enemies to be sure, managed to come to terms in this particular case and both voted for the bill.

So what does it actually mean for British citizens? Some rather nasty stuff, actually. The bill passed roughly in the form the big content industries wanted it to. If it gets enforced, ISPs will have to send warning letters to their subscribers at the request of content owners. If the accused infringers don't straighten their path, copyright holders could ask a court for their names and private data in order to pursue legal action.

The bill also makes the owner of an Internet connection responsible for all the activity, legal or otherwise, which goes through it. This means that any establishment offering free WiFi could be held accountable for the actions of its patrons. It also means that anyone operating an open WiFi network, out of choice or lack of knowledge, could also be taken to court for files others may have downloaded.

It gets better. An amendment was created to replace the controversial Clause 18, which would have given the government power to block or order the shut-down of any site it believed was involved in some way with copyright infringement. Interestingly enough, the amendment to Clause 8 gives the government the same powers except it now needs the approval of a court. What it means is that the British Secretary of State for business will have the power to block "a location on the Internet which the court is satisfied has been, is being or is likely to be used for or in connection with an activity that infringes copyright."

The best part in this phrasing are the words "likely to be used." With this, any site is up for grabs. It could be argued that even Google is likely to be used for copyright infringement and it certainly is, every day. Not only is "innocent until proven guilty" out the door by allowing copyright holders to ask that a user's Internet connection be blocked on accusation alone, you don't even have to do anything illegal to be punished. Doesn't anyone remember how Minority Report turned out?

Luckily, there are several legislative procedures to go through before the bill can be enforced and there may even be a (slim) chance that it doesn't get the final approval and becomes law. It may be up to a year or more until anything is put into practice and things may change until then, but it doesn't look good for the Internet and basic human rights and freedoms in the UK and, perhaps, for the rest of the world as well.

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READER COMMENTS:


Comment #1 by: Eric on 08 Apr 2010, 20:23 UTC reply to this comment

This really is a nightmare. Not because the government is trying to mitigate illegal file sharing, but rather they are trying to do so in such an absurdly draconian way.

Empowering content owners to essentially bully websites or users that "might" be doing something illegal is stupidity, no matter how you slice it.

If this gets enforced, I'd be very interested to see if the EU will have anything to say about it. The EU has indicated that internet access is a basic right, and the UK's laws seem to infringe on that. It will also be interesting to see how the ISPs will comply cleanly or if they will fight the law.

Comment #1.1 by: Lucian Parfeni on 09 Apr 2010, 07:03 GMT

The EU talks big, but, when it comes down to it, individual countries are pretty much at liberty to do as they please. Plus, France has the HADOPI law, though it's not enforced yet, Italy is preparing to come up with some pretty dumb laws on its own and even Spain is thinking about harsher copyright laws (much harsher that what it currently has). Heck, even Sweden got the IPRED law. IPRED failed to actually accomplish anything in practice, people just started using encryption, but when has that ever stopped big media. And to top it all off, the more we find out about ACTA, the scarier it sounds. I sure hope I'm wrong on this, but it looks to me like we're pretty much screwed.


Comment #2 by: Simon Morley on 09 Apr 2010, 09:58 UTC reply to this comment

I run a small, privately financed Wi-Fi Hotspot Provider - PolkaSpots Supafly Wi-F. We have a Wi-Fi Hotspot Network that covers the UK, Zambia and a few in Bermuda. We are not an ISP but this bill looks set to make it our responsibility for anything that's downloaded in one of our many Wi-Fi Hotspots.

On the positive side, as a commercial Wireless Hotspot Provider this bill actually forces the local greasy spoon to start using our service over doing it themselves. We're only a small company and realise that people need freedom of choice - if they want to set up their own hotspot, so be it.

But why is it our responsibility and not the companies by definition p[providing the Internet - the ISP's?

And, what happens if my lodger decides this afternoon to download something illegal - is that my fault? No it isn't.

It's just too much for the government for monitor - what else are they doing this for?


Comment #3 by: Lucian Parfeni on 09 Apr 2010, 12:12 UTC reply to this comment

Technically it wouldn't make you responsible if you can provide the identity of the one who did the actual downloading. With a Wi-Fi connection, this can be tricky, which is where the problem lies. Besides being a stupid idea, it's also potentially a very dangerous one. Hopefully, something will happen and this will be amended somehow.

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