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"Three Strikes" To Go Ahead In Britain

David Gerard writes "Lord Peter Mandelson has carefully ignored the Gowers Report and the Carter Report, instead taking the advice of his good friend David Geffen and announcing that 'three strikes and you're out' will become law in Britain. The Open Rights Group has, of course, hit the roof. Oh, and never mind MI5 and the police pointing out that widespread encryption will become normal, hampering their efforts to keep up with little things like impending terrorist atrocities. Still, worth it to stop a few Lily Allen tracks being shared, right?"

32 of 294 comments (clear)

  1. Encryption is a bad thing? by xtal · · Score: 5, Insightful

    Not sure if this place has changed over the years, but I'm all for encryption becoming the norm.

    For legitimate law enforcement needs, search warrants and traffic analysis are not impeded.

    In fact, draconian enforcement of copyright would be the best thing ever - it would illustrate the absurdity of the status quo.

    --
    ..don't panic
    1. Re:Encryption is a bad thing? by sakdoctor · · Score: 2, Insightful

      Absolutely.

      Whilst mentioning encryption causes people to post that f'ing cartoon with the $5 wrench adnauseum, the fact is, even fairly weak encryption whilst data transits though your ISP goes a long long way.

      For example, a certain bone-headed ISP which one of my relatives uses, enforces using their outgoing mail server for "anti-spam reasons".
      Do they log all outgoing emails? You can bet they do. SMTP over SSL raises the bar just high enough that they don't bother any more.

    2. Re:Encryption is a bad thing? by commodore64_love · · Score: 2, Insightful

      Question

      - How will encryption stop a rights-holder, like Warner Bros, downloading a torrent of Dark Knight and simply recording all the IP addresses they see down/uploading the content? As far as I can tell they can do that, will report it, and thus you'll get a strike.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    3. Re:Encryption is a bad thing? by Anonymous Coward · · Score: 2, Insightful

      You miss the point. It doesn't prevent them from doing that; it makes them do that. Forcing your opponent to take active steps instead of getting everything they want by passively watching (especially stuff like mandated ISP filters, where the users would end up having to pay for it), is a good thing.

    4. Re:Encryption is a bad thing? by commodore64_love · · Score: 2, Insightful

      Whatever. Either way you still get caught, and lose ISP access. Encryption is not going to protect you from this law.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  2. New rule by T+Murphy · · Score: 5, Insightful

    I propose the three strikes law three strikes law. A politician gets a strike for mentioning the three strikes law in a non-derisive manner, and gets banned from government after three strikes.

  3. Re:Seriously, write to them by erroneus · · Score: 5, Insightful

    Do you think they care at all what the people think? If anything proves that any form of democracy is not at work here, this does. Business interests are guiding, directing and even controlling government all over the world. The world may be pissed off at the U.S. government, but one only has to look to the "Military Industrial Complex" for why things are the way they are.

  4. Can't Wait by whisper_jeff · · Score: 5, Insightful

    I can't wait for some motivated group to deliver a clear message to politicians through a concerted effort to get politicians and their employees cut off from the internet simply by accusing them, three times, of copyright violations. Perhaps, once politicians and their staff are cut off from the online world, they'll begin to realize just how moronic this law is. When a simple accusation carries the weight of punishment, the possibilities of abuse are egregious.

    Ah, the days of "innocent until proven guilty" seem like a distant memory now...

    1. Re:Can't Wait by Marcika · · Score: 5, Insightful

      All that would accomplish is immunity for politicians and their staff from this law.

      Unlikely. The UK doesn't go in for granting politicians legal immunity, even when this would be of great benefit for the party in power. I don't know if there are any formal rules in this area though.

      Of course, if anyone does decide to use the three-strikes approach, could they please use it against some media types too? Might as well get some benefit out of a bad law...

      They don't have formal legal immunity, but if anything like this would happen, the police chiefs and the attorney general would likely determine that it is not 'in the public interest' to prosecute or punish politicians or other powerful people. (Just like it happens when an MP or minister falsifies expenses or commits other kinds of fraud.)

    2. Re:Can't Wait by jimicus · · Score: 3, Insightful

      So when your ISP cans you, with no trial, no conviction, simply waive the European Convention on Human Rights, Article 6.2 at them and demand your connection back, if/when they decline, start running it up the legal flagpole, the court system, and get the law stricken from the books.

      Which is great and all that but these things take months, if not years to sort out. Meantime you've got no Internet access.

      Lots of people work from home some or all of the time. Join the dots...

  5. And one for Mandleson? by Anonymous Coward · · Score: 5, Insightful

    The "minister" resposible for this was forced out of office twice for misconduct, he has no place even being in public office.

  6. Three strikes in Politics.. by malkavian · · Score: 5, Insightful

    Well, considering "Mandy" has already been forced to resign from Labour twice already for scandals (involving borrowing money from someone he was supposed to be investigating to buy a lovely house in central london among other activities), one wonders if he's caught with his hand in the cookie jar yet again, will this third strike resignation force his exclusion from Politics?
    Allegedly, he'd shown no interest in this whatsoever before going for a meal at a lovely retreat owned by a movie producer, and a few days holiday.. On his return, this was basically mandated with no consultation.
    Yay for unelected politicians who keep coming back despite being forced to resign in shame.

  7. Except for Govt of course. by TaoPhoenix · · Score: 3, Insightful

    Amazing it gleefully says "file sharing" and not "music sharing". So let him grab one graphic he swipes because his office can't be bothered to cleanroom it, grab one little shareware snip that he can ignore even the postcard-terms on, and then let the last one be one of the Britain's Got Talent winning songs. Poof!

     

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  8. Re:Agreed - ban encryption. by killmenow · · Score: 4, Insightful

    Sure this is an attempt to be funny, but don't be surprised. When this 3 strikes thing doesn't prop up profits for the copyright regime like they expect, and the cops start yammering about the crypto tech used by the bad guys making it harder for them to do their job, banning encryption WILL be the next step. Remember the "hey, let's force back doors in all encryption schemes" the US government was trying to pass not too long ago? Clipper chip ring a bell? Skipjack? Key escrow? It will be done.

  9. Why would anyone pirate Lily Allen anyway? by twoshortplanks · · Score: 3, Insightful
    If you're in the UK you can play her album for free on Spotify anyway...

    (I'm being silly. Of course I'll be contacting my MP about this.)

    --
    -- Sorry, I can't think of anything funny to say here.
    1. Re:Why would anyone pirate Lily Allen anyway? by slim · · Score: 2, Insightful

      Spotify isn't free, as long as you count listening to adverts as a payment method.

      I pay for GMail by seeing ads.
      I pay for Spotify by hearing ads.
      I pay for X Factor by fast-forwarding through ads...

  10. Re:they need something based on the rules of crick by Anonymous Coward · · Score: 1, Insightful

    Yeah, there should be something to make sure that people do not consider this rule to be in the same ballpark as the rule prevalent in the criminal laws of the states in the U.S. Yes, that pun was intended.

    But more seriously, being punished with the loss of the use of the internet for continuing to do something that they have twice told you to stop doing is hardly the draconian rule that in America has lead to people serving 25 years for stealing three golf clubs because they had previously committed 2 felonies. See Ewing v. California, 123 S.Ct. 1179 (2003).

  11. Re:Agreed - ban encryption. by David+Gerard · · Score: 4, Insightful

    RIPA already allows the UK police to rubber-hose your password out of you.

    The interesting thing will be SSL and Tor-based stuff, which doesn't require you to even have a password to use.

    --
    http://rocknerd.co.uk
  12. Re:Seriously, write to them by DoofusOfDeath · · Score: 4, Insightful

    but one only has to look to the "Military Industrial Complex" for why things are the way they are.

    I think the M-I complex is more complicated. Defense contractors in the U.S. are smart about creating jobs in the states of legislators whose votes they need. This in turn builds up public support in those states for the defense programs that might not be in the overall national interest (militarily and/or fiscally).

    So one might argue that when the constituents are being parochial and myopic in their support for various spending, that is democracy in action. And it can lead to abysmal results.

  13. Re:they need something based on the rules of crick by DoofusOfDeath · · Score: 2, Insightful

    Not a good idea, it'd take 5 days to make a decision and probably end in a draw.

    Sounds good to me.

  14. Re: 25 years for three golf clubs by stewbacca · · Score: 4, Insightful

    "Three strikes" laws -- particularly the California version that allows petty crimes to trigger the third strike -- are problematic. There are varying levels of severity for felonies, some that deserve life sentences, some that deserve probation, and everything in between.

    One guy commits two two heinous felonies, somehow lawyers his way out of long prison terms, and another guy, a) steals a purse, b) hits a parked car and runs away, and c) steals bubble gum from the store goes to prison for life. I'm not sure how any sane, thinking person on this planet can't see the glaring flaw with this system.

  15. Mandelscum by AdmV0rl0n · · Score: 4, Insightful

    These bastards, and that slimy scumbag Mandelson have spend the past 13 years utterly ruining everything, every institution, way of life, habitat, hobby, social fabric and this?

    Basically, people are slowly concluding a few things, some are less than good, but for every action, there is a reaction, clearly 13 years too late. Vote anyone but these bastards, and tell them why at every moment they bang on your door or come to your doorstep. Vote BNP, UKIP, Con, Lib - ANYONE but these slimy dark forces shits.

    Their brand of nanny state 1984 insanity, and mass persecution of population, drivers, and all the rest, and their enforced political correctness and multiculturalism, and devolution, and EU fanatisism, and the rest is DEAD. OVER. FINISHED.

    Its the worst government the UK has had in any modern times, and people cannot wait to be rid of them.

    --
    We`re all equal .. Just some of us are less equal than others.
  16. One more reason why Labour will not be re-elected by tebee · · Score: 3, Insightful
    I can't help wondering why it has not occurred to this government, that if there are as many filesharers as they say, then being nasty to them is not going to exactly encourage them to vote Labour at the next election.

    Obviously a Government with a suicide wish.

    --
    N.B. this user is far too lazy to write a witty and intelligent sig.
  17. Re:Seriously, write to them by shutdown+-p+now · · Score: 4, Insightful

    We sign their cheques!

    Given that this is politicians we're talking about, you don't - the cheques are pre-signed for you, the only thing that's yours in all this is the obligation to pay.

  18. Re:Hey Britons by Nerdfest · · Score: 3, Insightful

    Sheer persistence ends up getting these things passed,

    You've spelled "corruption" wrong.

  19. Re: 25 years for three golf clubs by tsm_sf · · Score: 2, Insightful

    Where the hell did people get the notion that prison is meant to reform criminals?

    You mean the Department of Corrections, incarcerating someone at a correctional facility?

    --
    Literalism isn't a form of humor, it's you being irritating.
  20. Re:Seriously, write to them by commodore64_love · · Score: 3, Insightful

    >>>We are in an age where those who handle the money and sell sight and sound think they're the only game in town. The Industrial part of the complex is completely gone.
    >>>

    I'm watching a World War 2 movie right now, where German Rommel says "We need to take Africa before the industrial might of America arrives." If Rommel had been fighting the current American economy, which revolves around Walmart and movies/music, then he'd probably say, "America? Ha. The land of 'do you want some fries with that?' is not a threat." America has no industrial might.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  21. expect the rhetoric by jDeepbeep · · Score: 2, Insightful

    Agreed - ban encryption.

    Anyone using encryption must have something to hide.

    --
    Reply to That ||
  22. Re: 25 years for three golf clubs by Homburg · · Score: 2, Insightful

    The massive increase in prison spending which makes a negligible difference in crime rates compared to other states is pretty good evidence that three-strikes laws don't work, yes.

  23. Re: 25 years for three golf clubs by stewbacca · · Score: 3, Insightful

    Lacking wisdom and risk assessments are hardly grounds for locking somebody up for life. Something about the penalty fitting the crime comes to mind. If you want to go around locking up people that lack judgment, we'd have more people in prison than not.

    And I fail to see how stealing golf clubs constitutes a threat against fellow citizens on the magnitude of "we must lock this guy up to protect everyone around him".

  24. Re:Seriously, write to them by hairyfeet · · Score: 4, Insightful

    Actually pre WWII he probably would have said "America? Where they have to make work because they have no jobs? they are not a threat.". You have to remember America wasn't some big super power then, IIRC our military was something like 58th because we had let so much just rot after WWI.

    What made America a threat was the fact that we had enough raw materials we could make war without anyone else coming to our aid. If we wouldn't have brought supplies to Britain the wolf packs would have starved them out. of course whether we could do that again in a time of total war is debatable, as our oil fields have long since run dry and it would probably take a decade or more to get something like ANWR producing, even if we hurried it as part of the war effort.

    So while I agree that our industrial might is gone, it wasn't very great then either. We were just able to convert existing businesses, such as having Ford cranking out tanks, and having the raw materials, that gave us an advantage once the Japs hit Pearl. Whether or not Pearl was a result of Roosevelt purposely stirring up shit with the Japs in the hopes of getting us in the war when many preferred neutrality is a debate for another day.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  25. USA will be next by aaandre · · Score: 3, Insightful

    Just a reminder.