Will UK implement 'draconian" measures against internet piracy?
This is the original article, with the updates after it:
UK's Terrifying Anti-Piracy Plans Leaked - 19th November 2009
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Tomorrow morning Lord Mandelson will present the Digital Economy Bill to the public, which among other things is aimed at reducing illicit file-sharing. According to parts of the bill that leaked today, the legislation could lead to jail terms for file-sharers and unprecedented power for the entertainment industries.
Over the past months the UK government has tried to tackle the issue of online piracy. This has resulted in a proposal from Lord Mandelson, who plans to disconnect alleged file sharers without any judicial process.
Tomorrow the exact text of the bill is expected to be made public, but according to early reports, the legislation will open all doors for a digital police state where alleged pirates will be crucified by private companies.
Judging from some of the plans that leaked earlier today, the endless lobbying efforts of the entertainment industry by anti-piracy outfits including IFPI and the BPI have definitely paid off.
Cory Doctorow has the scoop on BoingBoing and he told TorrentFreak that the information comes from someone “very close to the Labour government” who he trusts implicitly.
If accurate, the new legislation will be a disaster for the privacy of all Internet users while giving unprecedented powers to the entertainment industry. Under the new bill the Secretary of State would be able to pass secondary legislation without Parliamentary oversight in order to protect rights holders.
Three reasons are given:
1. The Secretary of State would get the power to create new remedies for online infringements. (for example, he could authorize jail terms for file-sharing, or create a “three-strikes” plan that costs entire families their Internet access if any member stands accused of infringement)
2. The Secretary of State would get the power to create procedures to “confer rights” for the purposes of protecting rightsholders from online infringement. (for example, record labels and movie studios can be given investigative and enforcement powers that allow them to compel ISPs, libraries, companies and schools to turn over personal information about Internet users, and to order those companies to disconnect users, remove websites, block URLs, etc)
3. The Secretary of State would get the power to “impose such duties, powers or functions on any person as may be specified in connection with facilitating online infringement” (for example, ISPs could be forced to spy on their users, or to have copyright lawyers examine every piece of user-generated content before it goes live; also, copyright “militias” can be formed with the power to police copyright on the web)
The leaked information mainly shows that the Secretary of State will have the power to introduce all kinds of draconian measures without Parliamentary oversight. More details on concrete policy dealing with alleged file-sharers and the proposed three-strikes system have yet to be announced.
UK's Anti-Piracy Plans Slammed by Liberal Democrats - 20th November 2009
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Details of Lord Mandelson’s draconian pro-copyright plans contained in the Digital Economy Bill leaked out yesterday, provoking a wave of dissent. The Liberal Democrats have now made a statement, voicing dismay at this “utterly shameless” attempt to introduce major rules without proper Commons assessment.
Today Lord Mandelson will present the Digital Economy Bill which will include measures aimed at reducing illicit file-sharing. Yesterday parts of the bill leaked out, revealing that the legislation could lead to jail terms for file-sharers and unprecedented powers handed to private entertainment companies.
If this isn’t draconian enough, Mandelson includes giving the Secretary of State the power to introduce major new rules without Parliamentary oversight – this from a twice-fired, unelected politician.
Commenting on Mandelson’s attempt to fast-track proposals to amend the 1988 Copyright Act, and adding fuel to the fire this morning are the Liberal Democrats.
“This is an outrageous attempt to slip through sweeping changes with the minimum of scrutiny,” said Don Foster the Shadow Culture, Media and Sport Secretary.
“We do not live in an autocracy, where major rules can be introduced on the whim of an unelected politician.”
Foster notes that his party does wish to address illegal file-sharing, but rightly adds that a workable solution is only possible through co-operation.
Although there will be many who support a crackdown on rampant piracy, many supporters of democracy on both sides are very concerned at Mandelson’s moves.
“For Lord Mandelson to attempt to create new offenses without proper assessment by the Commons is utterly shameless,” concludes Foster.
Hear, hear.
European Commission - No Three Strikes Without Judicial Oversight - 24th November 2009
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The European Commission has issued a warning to the Spanish government that any plan to disconnect file-sharers from the Internet without involving a judge would create conflict with the EU. This statement could also throw the three-strikes plans of the UK government and the Irish ISP Eircom into serious doubt.
In file-sharing terms, Spain currently has among the most relaxed laws of leading European countries. The country is believed to have some of the highest rates of online sharing of music and movies and currently it is perfectly legal, providing no money is made directly from infringement, to run BitTorrent and eDonkey sites.
As the copyright industries ramp up their lobbying, the government is finding it more and more difficult to maintain their current position, and is currently examining new ways to deal with illicit file-sharing.
At the opening day of a conference bringing together leaders of the telecommunications industry, European Commissioner for Information Society and Media, Vivane Reding, said that if the Spanish government implements measures to disconnect copyright infringers from the Internet without the oversight of a judge, it risks coming into conflict with the EU.
“Spanish measures that allow for the disruption of Internet access without a fair hearing before a judge, are certain to clash with the European Union,” she told the Telecommunications Market Commission (CMT) conference in Barcelona yesterday.
Criticizing France’s Hadopi legislation, Reding stressed that repressing people would not solve the problems of Internet piracy, noting that disconnections may even run counter to the “rights and freedoms which have become part of Europe’s values since the French Revolution.”
Furthermore, the “fundamental freedoms” of EU citizens which Reding insists forbids countries from disconnecting alleged file-sharers without a procedure involving a judge, also applies to Internet service providers.
This is of particular interest to customers of Ireland’s largest ISP, Eircom. Earlier this year IRMA – which controls 90% of Ireland’s recorded music and represents the likes of EMI, Sony, Universal and Warner – reached a private agreement with the ISP to implement a 3 strikes deal for alleged pirates, with IRMA discontinuing legal action against it in return.
The arrangement is an entirely private one, with no judicial oversight, which will likely bring it into conflict with the EU.
IRMA also took legal action against BT, Ireland’s largest ISP, and the country’s largest cable operator, UPC Ireland, to force them to follow suit.
However, last week IRMA discontinued its lawsuit against BT Ireland, as the ISP has already transferred its Internet customers to Vodafone. It is unclear if IRMA will now go after Vodafone, but the music group says it will continue to pursue UPC.
In addition, it will be interesting to see how the statement by the European Commission affects the Digital Economy Bill that was presented in the UK last week. The proposed legislation will also call for a disconnection of repeated copyright infringers, a measure that’s proving unpopular among the public. Thousands of people have already petitioned against the new bill.
I didn't read that whole incredibly long series of articles but I read enough to understand what they want to do. It sounds like something the United States government would do - its bullsh*t imo - will end up taking more freedom and money from individuals and giving it to corporations. Won't be surprised if the U.S. tries to do it next.
basically that mofo lord mandelson is trying to create the power for the secretary of state to hand down punishments to file-sharers without judicial oversight
this could range from permanent disconnection from the internet for not only the file-sharer but everyone using the same connection. Maybe even jail terms for fila-sharers.
And he wants this all to be allowed to be passed without judicial checks.
Lib Dems have said these measures are wrong, and they dont agree with them
The European comission says no disconections cant be implemented without judicial checks.
hehe there is always some nutcase trying to push something through that basically lets certain people point the finger blindly at others without any evidence. It's just a bunch of quacks, you would be surprised how many of these guys try to push stuff though, 98% percent of them get rejected.
If they were to jail people that fileshare and also jail people linked to them from downloading those files/music, there would be no room in jail what so ever.
it's not going to go through, those certain people have no idea what they are getting themselves into. ROFL And if they were to disconnect people from the internet that were linked to also the filesharer for downloading the files/music, WOW, that would be the downfall of internet providers, they would loose so much money and the government would loose money on top of that, the Federal and the states would loose money on the taxes. ROFL
they wont do it, they love their money and these guys would basically make it so they make even less money then they are now. This is very political and those quacks are not looking at it as it's political. It will not go through. Politics = money = no way
__________________ People that live in glass houses sink sh...sh...sh...ships.
IMO they should focus on the thieving MP's claiming faux-expenses, illegal immigration, getting the troops out of that pointless war in the Middle East and the NHS instead of this crap.
hehe there is always some nutcase trying to push something through that basically lets certain people point the finger blindly at others without any evidence. It's just a bunch of quacks, you would be surprised how many of these guys try to push stuff though, 98% percent of them get rejected.
If they were to jail people that fileshare and also jail people linked to them from downloading those files/music, there would be no room in jail what so ever.
it's not going to go through, those certain people have no idea what they are getting themselves into. ROFL And if they were to disconnect people from the internet that were linked to also the filesharer for downloading the files/music, WOW, that would be the downfall of internet providers, they would loose so much money and the government would loose money on top of that, the Federal and the states would loose money on the taxes. ROFL
they wont do it, they love their money and these guys would basically make it so they make even less money then they are now. This is very political and those quacks are not looking at it as it's political. It will not go through. Politics = money = no way
Don't be so sure, bills being rejected in the legislature in the UK is surprisingly rare. All we can hope for is a backbench Labour revolt but with election time drawing closer, most MPs wouldn't risk their seats for it.
Ugh Mandelson. One of the most corrupt politicians in the UK and yet he's still ****ing here.
Don't be so sure, bills being rejected in the legislature in the UK is surprisingly rare. All we can hope for is a backbench Labour revolt but with election time drawing closer, most MPs wouldn't risk their seats for it.
Ugh Mandelson. One of the most corrupt politicians in the UK and yet he's still ****ing here.
there are many, many bills that you probably still don't know about that haven't been passed. This is definitely one of those bills but because piracy is definitely high, they are going to commercialize it. It's still a completely meaningless bill and like I said, governments all around the world make to much money off of the taxes that internet services provide to the point where this bill wont be passed because of the fact that they will in turn loose a TON of money.
__________________ People that live in glass houses sink sh...sh...sh...ships.
Will UK implement 'draconian" measures against internet piracy?
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