Digital Delivery Legal News
But Wait: Outrage on Digital Economy Act Simmering…
Sure, the IFPI, BPI and UK Music love the Digital Economy Bill-turned-Act. But why was this rushed through the legislature? That is a question being asked by thousands of unhappy protesters concerned that a broader level of debate was needed.
Many of those unsuccessfully attempted to prolong the discussions ahead of passage, though the groundswell remains online and on Twitter (tracking under #debill). “Better book [a] big meeting room, over 20,000 people would like to meet with you and explain the faults in #debill,” Craig McLoed (@barton71) tweeted to MP Stephen Timms (@stephenctimms). “Please listen.”
A number of potential problems and threats surround the Act as written. One of those issues is public WiFi, and the cafes, libraries, and other establishments that offer over-the-air broadband to patrons. In the case of infringing activity, who gets the blame? Or, more drastically, are WiFi hotspots inevitably headed towards ‘graduated’ disconnection?
Other issues surround the level of due process for disconnections, and whether innocent users will be unfairly burdened with legal obligations and accusations. That was a major problem in the US, albeit through a direct-to-swapper, RIAA-driven campaign.
One of the concerned is actually Labour MP Tony Watson, who raised serious concerns about the fast-tracked process. “There are 20,000 people who have taken the time to email their MPs about this in the last seven days alone,” Watson (@tom_watson) tweeted ahead of the vote.
Broader problems are also simmering, including a potential march towards more encrypted, underground swapping. Additionally, eventual disconnections could generate serious backlash, through the extent of the ‘graduated response’ will take some time to materialize.
The reason is that the Act calls for downstream reviews of letter-writing and educational measures, before steps like bandwidth throttling, account disconnections, or other measures take root. But a critical aspect of the law is that the government and Ofcom can force such measures upon ISPs, subject to additional Parliamentary approval.