02/02/10 Yuwei Lin | Social Media Café Manchester at BBC Manchester 1

Digital Economy Bill & Your Rights

Yuwei LinLecturer in Future Media

School of Media, Music and PerformanceUniversity of Salford

www.ylin.org

02/02/10 Yuwei Lin | Social Media Café Manchester at BBC Manchester 2

Outline

In the following 20 minutes, I will● Provide background information about the Digital

Economy Bill, which is being discussed at the House of Lords at present

● Focus on the “disconnection without trial” part in the Bill, and explain why this jeopardises rights of citizens and consumers

● Introduce some actions being taken by the Open Rights Group and how audience can participate in these activities

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Fingers on Buzzers

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Stephen Carter

Minister for communications, technology and broadcasting

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Digital Britain Report

● released on 16 June 2009

● 3-year plan to boost digital participation

● universal access to 2Mbps broadband by 2012

● fund to invest in next generation broadband

● digital radio upgrade by 2015

● liberalisation of 3G spectrum

● legal and regulatory attack on digital piracy

● support for public service content partnerships

● changed role for Channel 4

● consultation on how to fund local, national and regional news

● a new "more robust system" for the classification of video games

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What's New

Martha Lane-Fox was appointed as “Champion for Digital Inclusion” to get the disconnected online.

Race Online 2012 is a national challenge to help 4 million socially and digitally excluded people get online by the London Olympics.

See http://raceonline2012.org

£300m Home Access scheme which aims to get PCs into low income homes.

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Then, in November 2009...

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Fingers on Buzzers, again

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Peter Mandelson

Minister for Business, Innovation and Skills

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Summary of Digital Economy Bill● extends the role of Ofcom to include reporting on communications infrastructure and

media content

● imposes obligations on internet service providers to reduce online copyright infringement, and allows the Secretary of State to amend copyright legislation to the same end

● allows the Secretary of State to intervene in internet domain name registration

● requires Channel 4 to provide public service content on a range of media

● provides more flexibility over the licensing of Channel 3 and Channel 5 services and allows Ofcom to appoint providers of regional and local news

● modifies the licensing regime to facilitate switchover to digital radio

● allows variation of the public service provision in Channel 3 and 5 licences

● provides Ofcom with additional powers in relation to electromagnetic spectrum access

● extends the range of video games that are subject to age-related classification

● makes provision for the regulation of copyright licensing

● includes non-print formats in the public lending right payment scheme

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controversial elements of the Digital Economy Bill

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Disconnect. Disconnect. Disconnect.

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Clause 10 and 11Obligations to limit internet access

● Clause 10, 124G, Obligations to limit internet access: assessment and preparation

(1) The Secretary of State may direct OFCOM to -

(a) assess whether one or more technical obligations should be imposed on internet service providers;

(b) take steps to prepare for the obligations;

(c) provide a report on the assessment or steps to the Secretary of State.

(2) A “technical obligation”, in relation to an internet service provider, is an obligation for the provider to take a technical measure against particular subscribers to its service.

(3) A “technical measure” is a measure that -

(a) limits the speed or other capacity of the service provided to a subscriber;

(b) prevents a subscriber from using the service to gain access to particular material, or limits such use;

(c) suspends the service provided to a subscriber; or

(d) limits the service provided to a subscriber in another way.

● Clause 11, 124H Obligations to limit internet access

(1) The Secretary of State may at any time by order impose a technical obligation on internet service providers if the Secretary of State considers it appropriate in view of -

(a) an assessment carried out or steps taken by OFCOM under section 124G; or

(b) any other consideration.

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Clause 17Power to amend copyright provisions● It reads:

302A Power to amend copyright provisions [Copyright Designs and Patents Act 1988]

(1) “The secretary of State may by order amend Part 1 or this part for the purpose of preventing or reducing the infringement of copyright by means of the internet, if it appears to the Secretary of State appropriate to do so having regard to technological developments that have occurred or are likely to occur.”

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Complaints from

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Why is this problematic?

● You would be disconnected even if you are innocent.

● Three scenarios:

- how if you shared the house with others?

- how if someone broke into your wireless connection? (WPA and WPA2 is not secure)

- how if you were misled to download copyrighted files illegally?

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Internet Access as Rights

● In France, Internet access is a basic human right (June 11, 2009). (see http://technology.timesonline.co.uk/tol/news/tech_and_web/article6478542.ece)

● In Finland, 1Mb broadband access is a legal right (starting from 1 July 2010). - first country to make internet access a legal right.

● UN, Estonia, Greece made some statements, though vague.

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Some fallacies emerging in the debate at the House of Lords

● “File-sharing is not acceptable” (Baroness Morris)

● The internet is “lawless, unpoliced, and unregulated place” (Lord Birt)

● Churches should get “compensation” for the “unreasonable costs” of replacing old, analogue equipment (The Bishop of Manchester)

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Actions taken

● Don't Disconnect Us Petition http://petitions.number10.gov.uk/dontdisconnectus/

“We the undersigned petition the Prime Minister to abolish the proposed law that will see alleged illegal filesharers disconnected from their broadband connections, without a fair trial.”

● Submitted by Andrew Heaney

of TalkTalk● To date, 32,388 Signatures

including Stephen Fry, Alan Davies,

Neil Gaiman

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● To summarise, the proposed Digital Economy Bill will ● result in innocent people being disconnected from

the internet.● “It's not me. So why am I being collectively

published?”

● What next?

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Meet Your MPs + Spread the Words

● How to find your MPs

http://findyourmp.parliament.uk/● How to make an appointment with them● How to engage your MPs in this topic

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Copyrights Acknowledgement

● Image from http://ressay.wordpress.com/● Image and info from

http://www.flother.com/blog/ ● Images from BBC, Wikipedia, the Times

Magazine, http://www.marthalanefox.com/, Open Rights Group, UK Parliament.