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UK's Anti-File-Sharing Bill Could "Breach Human Rights"

Grumbleduke writes "The UK Parliament's Joint Committee on Human Rights has recently reported on the controversial Digital Economy Bill, which seeks to restrict the connections of anyone accused of infringing copyright using the Internet. According to the BBC, the committee noted the lack of details in the Bill as it stands, asking for 'further information' from the government on several issues. They also raised concerns that some punishments under the bill could be 'applied in a disproportionate manner' and said that the powers the bill granted to the Secretary of State (i.e. Lord Mandelson) were 'overly broad.' These echo the concerns raised in recent months by the Open Rights Group, a consortium of web companies including Facebook, Google, Yahoo, and eBay, as well as the UK's Pirate Party. The Bill is currently being scrutinized by the House of Lords, and if it passes there, will likely be forced through the Commons quickly, despite the opposition from the public, industry and members of parliament. The committee's full report can be found on the parliament website."

10 of 119 comments (clear)

  1. Priorities by Chris+Lawrence · · Score: 5, Insightful

    I can't believe governments are spending so much time and effort going after file sharing. The types of punishment being proposed are also completely out of proportion. Why not spend this much effort going after other widespread crimes such as rape and human trafficking? Also, shouldn't the government be spending a lot more time worrying about environmental damage and climate change? Our futures are at stake, yet the biggest problem seems to be people exchanging bits on the Internet.

    1. Re:Priorities by wjh31 · · Score: 5, Funny

      those who share alot of files may be more likely to leave their computers on over-night or have a 'torrent box' that is left on all the time. Therefore by reducing the incidence of file sharing, infinitesimaly small reductions in energy consumption can be made. File sharing is also only one step away from human sharing, or human trafficking as you name it. These people must be stopped before the inevitable evolution to worse crimes.

    2. Re:Priorities by CRCulver · · Score: 4, Insightful

      While I don't subscribe to this, I've often heard it claimed on Slashdot and other forums that since the West has given up its manufacturing base to the developing world, all its economy has left is creative works like Hollywood and the music industry. Countries like China and India can accept massive pirating because their economy has another basis, but if the West allows free distribution of media, then it undermines all that is keeping it afloat.

    3. Re:Priorities by Grumbleduke · · Score: 5, Informative

      I can't believe governments are spending so much time and effort going after file sharing. The types of punishment being proposed are also completely out of proportion. Why not spend this much effort going after other widespread crimes such as rape and human trafficking? Also, shouldn't the government be spending a lot more time worrying about environmental damage and climate change? Our futures are at stake, yet the biggest problem seems to be people exchanging bits on the Internet.

      What is also particularly impressive about this legislation is that it is entitled the "Digital Economy Bill" and followed on from the Digital Britain report. The original idea behind this process was to put into place any laws that would help boost the UK's digital sectors and make sure the country was at least 'up to date' with the rest of the western world if not ahead. However, rather than pushing for high-speed broadband, establishing tax incentives for tech firms or anything else that might actually help the UK economy, we have this badly-written piece of legislation.

      The Bill itself contains 44 main clauses of legislation, of which the first 17 are just about online copyright infringement. The government didn't even attempt to hide their (controversial and most likely pointless) anti-file sharing policies behind anything that might help the economy. While there is a section in the middle about TV and radio broadcasting rights (i.e. the government wants to push digital radio so it can sell off the rest of the radio spectrum), it then returns to Video Game censorship/classification (essentially out-sourcing it to PEGI) which adds an extra burden on video game producers.

      Then there is a fun section where the government helpfully demonstrates that it doesn't care at all about the "artist" or "content creator" (neither of which appear anywhere in the draft text). Clause 42 effectively creates a public licensing body for orphan work - which itself is quite a good idea (although a better way to make orphan works more available might be to reduce the duration of copyright) - but then they tag on an extra section that allows the body to

      to grant copyright licences in respect of works in which copyright is not owned by the body or a person on whose behalf the body acts. - Clause 42, 116B, (1)

      It seems that it is OK to take powers away from artists provided it is some large organisation (such as the RIAA-controlled PRS) that is benefiting (the PRS kept a "small administration/commission fee" of £67m in 2007 or about 12% of their revenue) rather than the general public.

      This Bill works out as a bad deal for internet users, content creators and even radio station operators. The bulk of the bill concerns adding further restrictions and costs on the digital sector; rather than helping the UK's "Digital Economy" this Bill seems to be doing all it can to hinder it. I guess that's what we should expect from an out-of-touch government and parliament full of politicians who care more about winning votes rather than doing the country any good.

    4. Re:Priorities by pjt33 · · Score: 5, Interesting

      I'm sure it has absolutely nothing to do with Lord Mandelson having dinner with David Geffen of Dreamworks, and I certainly wouldn't dream of suggesting that a politician whose first resignation was due to lying about business dealings might not be telling the whole truth when he denied discussing it with Geffen.

    5. Re:Priorities by digitig · · Score: 4, Insightful

      I don't expect the Tories to be better though

      I think that's a fair call. Every UK government in my lifetime -- and I'm no spring chicken -- has fought hard to increase it's own power, to limit the power of the population and to remove checks and balances on its actions. Irrespective of political party. This is something that I don't believe can be solved through the ballot box, because whoever wins the election will be handed enough power to be sure of corrupting them.

      --
      Quidnam Latine loqui modo coepi?
  2. Re:Mandelson sucks by Anonymous Coward · · Score: 4, Interesting

    Yeah, he lost his job for taking bribes twice before. There must be some evidence he took a pay-off from Geffen.

  3. UK (&others) have corrupt PARTIES, not just po by redelm · · Score: 4, Interesting
    Qui buono? Who benefits? The people? Or copyright holders? This one is obviously the latter. How do they get such favors? Through some obscure mechanism to earn support. Most likely party funding.

    Many people complain about the US system (&Japan) where individual candidates raise their own campaign funds. And would like to limit them. But at least these systems produce independant legislators.

    It was a spectacle when Tony Blair thrice put down backbencher revolts over UK involvement in Iraq (quite reasonably, labor platforms & supporters have always been dovish and somewhat antiUS). This convinced me that the UK (&other parlementary systems) are really elected dictatorships. Diktat is to be expected.

  4. Re:The best outcome might be... by Andy_R · · Score: 4, Insightful

    It's certainly the issue that get us the most publicity, but as party leader, I'd be much much happier if the Pirate Party UK helped to change the bill for the better.

    There are some insanely draconian powers in the bill as it currently stands, it sidesteps the right to a fair trial, and the right to be considered innocent until proven guilty. It also makes the owner of a wifi access point punishable for allegations of copyright infringement, rather than being considered a common carrier, which will mean the end of free wifi in the UK.

    --
    A pizza of radius z and thickness a has a volume of pi z z a
  5. Corruption.. by malkavian · · Score: 4, Interesting

    Lordy Mandy is one of the more infamous characters of our Labour government. Several times he's been fired/forced to resign over corruption (taking bribes) and effectively fraudulent behaviour. Each time, he keeps getting hired back by the government when they think most people will have forgotten.
    He's shown himself to out only for his own personal profit, with flagrant disregard for the public, though a side effect is he also feathers the beds of his political allies in his bargains.

    Much of what Labour have brought in during their 12 years in power has been something the governmental organisations in Orwell's 1984 would have been proud of.
    Still, every election, they bleat about "beware the Tories because they're evil". No real evidence, just their usual "it's that way because we say it is".
    The political system bugs the hell out of me. On the one hand, we have the Tories who actually know how to put a country on a sound economic track. They like a light footprint of government, and let people get on with making money and jobs. However a lot of their social track record (though John Major, the last tory PM was a big change on that) is not so hot. They make the hard decisions.
    Labour, on the other hand, are the real "protect the underdog", to the extend of actually oppressing the majority to achieve this end.
    Somewhere in the middle of all this is the sweet spot, though the 'middle of the road' party we have isn't balanced by the extremes, but seems to try to muddle along without actually making any hard decisions one way or the other.

    The hard decision in this one is "how do we best benefit society to allow ourselves the flexibility to foster creativity at a fundamental level so we can compete globally in the future?".
    Hint. It's not to chase file sharers. It's probably more along the lines of reorganising the copyright system from the ground up to fit what we need to achieve as a society, not to prop up the business models of huge corporations. The upcoming economies that will in a generation or so surpass the existing economic powers will, while they're growing fast, play fast and loose with this. If the existing powers remain inflexible, and try to hide behind the old rules, they'll fall. History is full of things like this (Agincourt, American War of Independance etc.). Rules of engagement change, yet the 'old powers' try to hold onto them. They fail eventually and are superseded by a more flexible structure (until that structure ossifies under the pressure of internal greed).

    One day, we'll have organisational structures that strike the proper balance over extended periods, but I think that's a long way off. We're a primitive species still trying to struggle with its own success. A lot of this can be marked down to the pains of growing up. Doesn't mean we should be complacent. There are many structures that can govern, and many of them unpleasant.
    Come back the old "democracy" where at the end of the year, you voted on someone to exile for the year. HAve them living in penury and social isolation. That, methinks, could serve as a useful tool for those in the limelight.. Let them know there are consequences to actions..