The ClownX Blog

The British Parliament has passed the Digital Economy Bill which seeks to crackdown on Internet piracy and illegal file-sharing.

By a vote of 189 to 47, the bill was passed in a “wash up” process which limited the amount of debate members of Parliament took on the bill.

The bill encompasses online copyright infringement, Internet piracy, regulation of TV and radio, regulations over ISPs and various other digital topics.

Many of the bill’s critics believe that the legislation goes too far and that not enough time was spent debating and scrutinizing bill.

According to file-sharing-friendly site, TorrentFreak.com, the bill gives copyright holders the power to spy on those who infringe on their rights and can urge the government to close websites without going to court.

On BroadBandGenie, one British Internet provider said that while it supports the protection of copyright, it opposes the provider’s expected role to send warning letters to suspected pirates, and if that doesn’t work, to disconnect customers from their broadband connection.

The Internet provider suggested, “rather than blocking websites and cutting the connections of suspected broadband customers, new products and services should be developed to give consumers the content they want, how they want it, and for a fair price.”

Its potential impact on public WI-Fi and its harsh penalties for illegal file-sharers have been hotly debated.

TorrentFreak says the bill will not have the slightest effect on seasoned file-sharers, it will only change the rules of the game.

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A bill is working its way through Parliament that would fight illegal filesharing, by in part, cutting Internet access to those engaging in the practice.

The Digital Economy Bill reportedly follows many of the recommendations established by the Digital Britain movement, which among other issues, seeks universal broadband access and revisions to age verification laws.

The bill is summarized as being intended “To make provision about the functions of the Office of Communications; to make provision about the online infringement of copyright, about licensing of copyright and performers’ rights and about penalties for infringement; to make provision about Internet domain registries; to make provision about the functions of the Channel Four Television Corporation; to make provision about the regulation of television and radio services; to make provision about the regulation of the use of the electromagnetic spectrum; to amend the Video Recordings Act 1984; to make provision about public lending right in relation to electronic publications; and for connected purposes.”

Initially aiming to reduce digital piracy by 70 percent by requiring Internet Service Providers (ISPs) to issue warning letters to those customers using their networks for filesharing, the bill carries with it the possibility of further actions, including the suspension of Internet access by violators. Rights holders will be expected to pay a fee, to be determined by Ofcom, to cover the ISP’s costs of sending these letters.

According to Minister for Digital Britain Stephen Timms, the letter sending should end much of the problem, with the level of compliance being monitored by Ofcom, which is now measuring the level of illegal filesharing in the U.K.

Timms emphasized that technical measures such as bandwidth caps and daily download limits, along with outright account closures, however, should be “very much the last resort.”

“We hope to encourage rights holders and ISPs to work together to find new business models,” Timms said, adding that while the government would not seek criminal penalties for filesharing, rights holders could pursue civil charges.

The music industry, among others, welcomes the bill.

“The introduction of the Digital Economy Bill is an important milestone towards a sustainable future for British music in the digital age,” British Phonographic Industry CEO Geoff Taylor said. “While the focus has been on measures to tackle illegal P2P, it is significant that the Government has recognized the need for a mechanism to deal with other forms of illegal downloading.”

“Our focus is not to disconnect, but to reconnect,” UK Music CEO Feargal Sharkey offered. “To reaffirm and recognize the value of creative works, both to individuals and to the U.K. economy.”

“However, for this market to evolve and flourish there must be breathing space to allow all sides to adapt. Government intervention can provide that impetus,” Sharkey added. “In this wider context, our industry continues to develop and partner with emerging digital services. ISPs and tech companies must work with us, and it is imperative that we reach out together to genuine fans of music.”

Not everyone is pleased, however, including some ISPs and filesharing advocates.

“We believe abuse of copyright is wrong. However, we have real concerns about the government’s plans and the lack of legal protections for accused individuals,” Managing Director of BT Consumer, John Petter, said. “We believe that technical measures are not the way forward and that a system of court fines for repeat infringers is preferable. Such an approach would not only protect innocent people, it could also create a fund that could be used to support the U.K.’s creative industries.”

“This is a major attack on free speech and human rights,” Pirate Party U.K. leader Andrew Robinson, opined. “All the benefits of filesharing have been ignored for the benefit of the record labels. Not only is it free advertising for the artist, but it is good for the cultural wealth of the country. No one is excluded from culture if it’s freely available.”

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People who persistently download illegal content will be cut off from the net, Business Secretary Peter Mandelson has announced.

Speaking at a government-sponsored forum to debate copyright issues he said the UK would introduce a similar policy to France. 

It means persistent pirates will be sent two warning letters before facing disconnection from the network. 

The issue has divided the telecoms and media industries. 

Mr Mandelson said that cutting internet connections would be a “last resort”. 

“I have no expectation of mass suspensions. People will receive two notifications and if it reaches the point [of cutting them off] they will have the opportunity to appeal,” he told the audience at the C&binet Forum, a talking shop set up by government to debate the issues facing the creative industries. 

The pay-off for tough penalties against persistent file-sharers would be a more relaxed copyright regime, Mr Mandelson said. 

The details of it would need to be hammered out at European level but it would take account of the use of copyright material “at home and between friends”, he said. 

It would mean that, for example, someone who has bought a CD would be able to copy it to their iPod or share it with family members without acting unlawfully. 

Mr Mandelson praised the UK’s creative industries, which are worth around £16bn and employs 2 million people. 
But it has been eroded in recent years, he said, by new ways of accessing content. 

“I was shocked to learn that only one in 20 music tracks in the UK is downloaded legally. We cannot sit back and do nothing,” said Mr Mandelson. 

The fact that young people now expect to download content for free was “morally as well as economically unsustainable,” he added. 

But he emphasised that “legislation and enforcement can only ever be part of the solution”. 

The long-term answer was for the industry to offer new and cheaper ways to download content, he said. 

In France the government has just approved a so-called three strikes policy. 

Under its system, those identified as illegally downloading content would initially be sent warning letters and, if they failed to comply, could be removed from the network for up to a year. 

UK internet service providers have argued that it is not their job to police the network while content providers are keen to get due recompense for artists. 

At the same forum, Jean-Bernard Levy, chief executive of Vivendi, a French content and internet service provider, called for a tough stance. 

He believes the UK will damage its economy if it does not follow France and clamp down on internet piracy. 

“At Vivendi, we are in the content business, we are in the telecom business and there is no internal debate,” he told delegates at the C&binet forum. 

“The priority is not to grow traffic on the ISPs. The priority is that creators, people who develop content, should find a way [to be rewarded].”

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