I presented these slides at the Social Media Café Manchester on 2 February 2010. Thanks for those participated lively in the discussion.

1. Digital Economy Bill & Your Rights
Yuwei Lin
Lecturer in Future Media
School of Media, Music and Performance
University of Salford
www.ylin.org
02/02/10 Yuwei Lin | Social Media Café Manchester at BBC Manchester 1

2. Outline
In the following 20 minutes, I will
● Provide background information about the Digital
Economy Bill, which is being discussed at the
House of Lords at present
● Focus on the “disconnection without trial” part in
the Bill, and explain why this jeopardises rights
of citizens and consumers
● Introduce some actions being taken by the Open
Rights Group and how audience can participate
in these activities
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4. Fingers on Buzzers
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5. Stephen Carter
Minister for communications, technology and
broadcasting
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6. Digital Britain Report
● released on 16 June 2009
● 3-year plan to boost digital participation
● universal access to 2Mbps broadband by 2012
● fund to invest in next generation broadband
● digital radio upgrade by 2015
● liberalisation of 3G spectrum
● legal and regulatory attack on digital piracy
● support for public service content partnerships
● changed role for Channel 4
● consultation on how to fund local, national and regional news
● a new "more robust system" for the classification of video games
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7. What's New
Martha Lane-Fox was Race Online 2012 is a
national challenge to help 4
appointed as million socially and digitally
“Champion for Digital excluded people get online
Inclusion” to get the by the London Olympics.
disconnected online. See
http://raceonline2012.org
£300m Home Access scheme which aims to
get PCs into low income homes.
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8. Then, in November 2009...
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9. Fingers on Buzzers, again
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10. Peter Mandelson
Minister for Business, Innovation and Skills
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11. Summary of Digital Economy Bill
● extends the role of Ofcom to include reporting on communications infrastructure and
media content
● imposes obligations on internet service providers to reduce online copyright
infringement, and allows the Secretary of State to amend copyright legislation to the
same end
● allows the Secretary of State to intervene in internet domain name registration
● requires Channel 4 to provide public service content on a range of media
● provides more flexibility over the licensing of Channel 3 and Channel 5 services and
allows Ofcom to appoint providers of regional and local news
● modifies the licensing regime to facilitate switchover to digital radio
● allows variation of the public service provision in Channel 3 and 5 licences
● provides Ofcom with additional powers in relation to electromagnetic spectrum access
● extends the range of video games that are subject to age-related classification
● makes provision for the regulation of copyright licensing
● includes non-print formats in the public lending right payment scheme
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12. controversial elements of the Digital Economy Bill
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13. Disconnect.
Disconnect.
Disconnect.
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14. Clause 10 and 11
Obligations to limit internet access
● Clause 10, 124G, Obligations to limit internet access: assessment and preparation
(1) The Secretary of State may direct OFCOM to -
(a) assess whether one or more technical obligations should be imposed on internet service
providers;
(b) take steps to prepare for the obligations;
(c) provide a report on the assessment or steps to the Secretary of State.
(2) A “technical obligation”, in relation to an internet service provider, is an obligation for the
provider to take a technical measure against particular subscribers to its service.
(3) A “technical measure” is a measure that -
(a) limits the speed or other capacity of the service provided to a subscriber;
(b) prevents a subscriber from using the service to gain access to particular material, or limits such
use;
(c) suspends the service provided to a subscriber; or
(d) limits the service provided to a subscriber in another way.
● Clause 11, 124H Obligations to limit internet access
(1) The Secretary of State may at any time by order impose a technical obligation on internet
service providers if the Secretary of State considers it appropriate in view of -
(a) an assessment carried out or steps taken by OFCOM under section 124G; or
02/02/10 other consideration.| Social Media Café Manchester at BBC Manchester
(b) any Yuwei Lin 14

15. Clause 17
Power to amend copyright provisions
● It reads:
302A Power to amend copyright provisions [Copyright Designs
and Patents Act 1988]
(1) “The secretary of State may by order amend Part 1 or this
part for the purpose of preventing or reducing the infringement
of copyright by means of the internet, if it appears to the
Secretary of State appropriate to do so having regard to
technological developments that have occurred or are likely to
occur.”
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16. Complaints from
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17. Why is this problematic?
● You would be disconnected even if you are
innocent.
● Three scenarios:
- how if you shared the house with others?
- how if someone broke into your wireless
connection? (WPA and WPA2 is not secure)
- how if you were misled to download
copyrighted files illegally?
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18. Internet Access as Rights
● In France, Internet access is a basic human
right (June 11, 2009). (see
http://technology.timesonline.co.uk/tol/news/tech_and_web/article6478542.ece)
● In Finland, 1Mb broadband access is a legal
right (starting from 1 July 2010). - first country
to make internet access a legal right.
● UN, Estonia, Greece made some statements,
though vague.
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21. Some fallacies emerging in the
debate at the House of Lords
● “File-sharing is not acceptable” (Baroness
Morris)
● The internet is “lawless, unpoliced, and
unregulated place” (Lord Birt)
● Churches should get “compensation” for the
“unreasonable costs” of replacing old,
analogue equipment (The Bishop of
Manchester)
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22. Actions taken
● Don't Disconnect Us Petition
http://petitions.number10.gov.uk/dontdisconnectus/
“We the undersigned petition the Prime Minister to abolish
the proposed law that will see alleged illegal filesharers
disconnected from their broadband connections, without a
fair trial.”
● Submitted by Andrew Heaney
of TalkTalk
● To date, 32,388 Signatures
including Stephen Fry, Alan Davies,
Neil Gaiman
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24. ● To summarise, the proposed Digital Economy
Bill will
● result in innocent people being disconnected from
the internet.
● “It's not me. So why am I being collectively
published?”
● What next?
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25. Meet Your MPs + Spread the Words
● How to find your MPs
http://findyourmp.parliament.uk/
● How to make an appointment with them
● How to engage your MPs in this topic
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26. Copyrights Acknowledgement
● Image from http://ressay.wordpress.com/
● Image and info from
http://www.flother.com/blog/
● Images from BBC, Wikipedia, the Times
Magazine, http://www.marthalanefox.com/,
Open Rights Group, UK Parliament.
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