DEA: the dangerous

downloaders actRay Corrigan

Open University

Making UK copyright lawBismark: sausages and lawsMandelson meets GeffenDEB November 2009

The Mandelson clauseThe Lib Dem Lord (and the BPI web blocking clause)

The Labour Lord “I regret to say that during the course of our consideration of the Bill, we have seen one of the worst examples in my memory of the political parties being captured by a producer interest.”

The Lib Dem revolt (emergency motion at conference)

DEA wash up April 2010

3strikes Creators (compensate) Economic agents (business models)

Content industry Intermediaries (ISPs) Others

Consumers/citizens (Rights)

Not about Abolishing copyright Impoverishing creators

Is 3 strikes in DEB? Probably but not as we know it Jim Details tba Vague language

Any “online location” “likely” to host or be “location via” which infringement takes place (search engines, libraries, universities?)

What is in it? Technical measures

Details tba in codes e.g. suspension of accounts, blocking user access to sites, throttling

Website blocking By court order

Problems Suspicion Due process

no prior access to court, appeal after, guilt assumed, details tba

ProportionalityCivil infringement, criminal penalty. ECJ Promusicae

Punish the innocent IP address not infringer

IP address minister? Timms IP (intellectual property) address

Emergence

Intermediary liabilityPublic wi fi dead?

Pubs, airports, hotels, libraries, universities

Digital divideGordon Brown, March 2010: "21% of UK adults have never accessed the

internet. That’s over a fifth trapped in a second tier of citizenship, denied what I increasingly think of as a fundamental freedom in the modern world: to be part of the internet and technology revolution".

Lawmaking in technicolour The worldwide view from Twitter #debll #deact 28,000 wrote to MPs The empty chamber and the whip seen live iPlayer The wash up – not for controversial laws Lib Dem conference reversed front bench MPs when confused turned to music cos for advice (Eg.

My own MP was for and against it)

Watching them regulating us

What next? Most front bench MPs don’t get the Net

What it is used for How it works How it should be regulated

Watching them regulating us Ofcom duty to work on the ‘codes’ Great case study for my book chapter

Gene: I want him in custody by teatime.Alex: Why?Gene: Cos he’s guilty as sin and a dangerous downloading commie…