DEA: the dangerous

downloaders act

Ray Corrigan

Open University

Making UK copyright law

Bismark: sausages and laws

Mandelson meets Geffen

DEB November 2009The Mandelson clause

The 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 measuresDetails tba in codes e.g. suspension of accounts, blocking user

access to sites, throttling

Website blocking By court order

Problems

Suspicion

Due processno 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 liability

Public 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…