The "Digital Economy Bill" expands government control over the internet

This is our second guest post. The first is available here.

Dominique Lazanski is an experienced digital consultant and a regular writer and commentator on Internet policy and regulation from a free market perspective. She has over 10 years of experience in Silicon Valley with spells at Yahoo! and Apple and has spent the last several years in London as a consultant to the music industry and media agencies.

The Times reports that Lord Mandelson will use today's debate on the Digital Economy Bill to announce his intention to continue with government plans to cut off internet access for users who illegally download music.

The Digital Britain report, released in June of this year, outlined the government’s plans to make the UK more "digitally competitive and engaged".  A crackdown on illegal file sharing was among its many proposals.  In short, the government would mandate that all ISPs (Internet Service Providers) monitor file sharing activity on their networks and cut off those who engage in illegal activites.

This may not seem like a big deal.  But when one looks at the implementation proposals in the Digital Britain plan (which is, perhaps deliberately, very long and very obscure) this is in fact a gross expansion of government power for several reasons:

• First, in order to implement network monitoring the ISPs themselves must incur the costs of making the monitoring happen. The government is now telling businesses how they must spend their money. ISPs will be forced to change how they conduct their business too – ISPs will move from being simply Internet providers and become Internet monitors as well

• Second, and much more worrying, is that the government intends to “provide for backstop powers for Ofcom to place additional conditions on ISPs to reduce or prevent copyright infringement …” Essentially, the government will allow Ofcom to dictate and control how the ISPs monitor and cut off their users.

• Finally, there will be a “trigger mechanism” which would give ISPs and rights holders incentives to make this whole thing work. The idea of “trigger mechanism” was vague enough that a consultation by the Department for Business, Innovation & Skills (BIS) was held to further define what this is. In flushing this out in the consultation BIS decided that it would be best to give the Secretary of State the power to grant Ofcom the necessary power it needs to not only demand the suspension of user accounts, but to force ISPs to give over data and information of those users. This means that the government would circumvent due process and give power directly to Ofcom to make legal decisions about how we use the Internet.

If passed in November, the Digital Economy Bill will allow for the legal implementation of Digital Britain – including the discussed file sharing proposals. Let us hope that it doesn’t pass because the government shouldn't control our Internet access. If it does pass, then a Tory government should repeal it.

If you would like to contribute a guest post, please contact us.

Comments

[twitter.com/mikerouse]

I get the feeling that it will pass, but is it too late for amendments?

[Dominique Lazanski]

I have the same feeling. I am not sure about amendments, but Tom Watson has tabled an Early Day Motion in order to raise objections to the proposals. He states that the proposals "attach an unbearable regulatory burden on an emerging technology that has the power to transform society ..." More information can be found here: http://torrentfreak.com/labour-mp-calls-disconnecting-file-sharers-futile-091014/

As an aside, Ofcom recently released a report on media literacy in which they show that once-a-month illegal file sharing among 14-18 year olds is down from 42% in December 2007 to 26% in January 2009. http://www.ofcom.org.uk/advice/media_literacy/medlitpub/medlitpubrss/uk_adults_ml/adult_ml.pdf

I just don't see how lawmakers can ignore this.

[carl.h]

http://lordsoftheblog.net/2009/12/02/digital-economy-bill/

[generic viagra]

In the Digital Economy how can any company make money while giving its products absolutely free?
In the new economy (digital Economy) how can any company make money (earn profit) while giving its goods & Services absolutely free? Is there any way to do that and what can be different possible revenue streams? What various revenue model and strategy should a company employ?

[Account Deleted]

This is a load of rubbish if your using the internet to STEEL and commit other such crimes then you should be punished. Complaining that you won't have a safe-haven to hide from the law is ridiculous.

I hope it does pass. Or are you afraid of 'the internet police'? If you love music then don't steel it.

[viagra]

I am impressed both with your blog (I'm reading all the archives right now) and the fifth horseman's intelligence. If only you two could combine forces and write a blog about a subject dear to all of our hearts. ;)

[Kamagra]

I have never understood why do they say it is "illegal" id it is still allowed to do in so many different sites??? I mean.. Rapidshare and Megaupload... how did they manage to become so big if it is illegal?

[cheap chanel handbags]

Faith is the element，the "chemical" which，When mixed with prayer，gives one direct communication with Infinite Intelligence.

[air max 90]

Later road, we walk together!

[taobao in english]

I can imagine TONS of uses for this

[Air Jordan]

&we are get together!

[Account Deleted]

It is very usefull information for every one..
http://www.gemsdrugstore.com/

[Vimax]

I am thoroughly convinced in this said post. I am currently searching for ways in which I could enhance my knowledge in this said topic you have posted here. It does help me a lot knowing that you have shared this information here freely. I love the way the people here interact and shared their opinions too. I would love to track your future posts pertaining to the said topic we are able to read.

[Проститутки Кургана]

good post...
like it so much

[adipex]

mmm... i like it , good

[levitra]

ohhh....coool!!

[Kamagra]

1I am impressed both with your blog (I'm reading all the archives right now) !!

[Propecia]

like it !!
54