[A2k] The UK's Digital Economy Bill
Barbara Stratton
barbara.stratton1@googlemail.com
Fri Nov 20 13:34:00 2009
Dear all
The UK=B9s Digital Economy Bill was published today. The Bill, and
accompanying Explanatory Notes on each clause, are available from the
Digital Economy Bill page on the Parliament website.
http://services.parliament.uk/bills/2009-10/digitaleconomy.html A full
summary of the Bill=B9s contents, and factsheets on each area of the Bill a=
re
on the Department for Business Innovation & Skills (BIS) website at
http://www.bis.gov.uk/digitaleconomybill/
BIS says =B3The Parliamentary timetable is never set in stone, and in a 5th
Session there are any number of additional factors that make timing less
predictable. That said, our best estimate is to anticipate a Second Reading
sometime in the next few weeks, with the majority of Committee stages in th=
e
Lords to take place after Parliament returns from Recess, on 5 January
2010.=B2
The powers that Business Secretary Peter Mandelson is seeking are carte
blanche and could be used to deal with any downloads, much more than illega=
l
filesharing and may go beyond even HADOPI in France. The Bill will be
controversial as the courts are being bypassed.
The relevant section is section 17:
<SNIP>
17 Power to amend copyright provisions
In Part 7 of the Copyright, Designs and Patents Act 1988 (miscellaneous an=
d
general) after section 302 insert-
=B3Prevention or reduction of online infringement of copyright 302A
Power to amend Part 1 and this Part
(1) The Secretary of State may by order amend Part 1 or this Part for th=
e
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 likel=
y
to occur.
(2) The following provisions apply to the power conferred by this section=
.
(3) Subsections (4) to (6) do not limit that power.
(4) The power may be exercised so as to make new provision or to amend or
repeal provision (whenever made).
(5) The power may be exercised so as to-
(a) confer a power or right or impose a duty on any person;
(b) modify or remove a power, right or duty of any person;
(c) require a person to pay fees.
(6) The power includes power to-
(a) make different provision for different cases;
(b) make transitional or saving provision;
(c) make any consequential amendment, repeal or revocation of provision
(whenever made) contained
in or made under an Act.
(7) The power does not include power to create or modify a criminal
offence.
(8) An order under this section must be made by statutory instrument.
(9) Before making any order under this section the Secretary of State
must consult such persons who the Secretary of State thinks likely
to be affected by the order, or who represent any of those persons,
as the Secretary of State thinks fit.
(10) A statutory instrument containing an order under this section may no=
t
be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.=B2
<END SNIP>
If the Bill falls due to the combination of controversy and the forthcoming
general election, so do the orphan works and PLR for e-books enabling
provisions it contains, but these less controversial provisions can probabl=
y
be revived later =AD or perhaps Europe will sort out the OWs first.
However, the Bill may well return in some form if the Tories get in. One
danger is that there will be so few experienced MPs in the next UK
Parliament of whatever hue as so many are giving up because of the expenses
scandal (where the appalling behaviour of some has tainted them all to the
extent that many who have not misbehaved are also quitting).
Cory Doctorow blogs on Boing Boing
Britain's new Internet law -- as bad as everyone's been saying, and worse.
Much, much worse.
http://www.boingboing.net/2009/11/20/britains-new-interne.html
Leaked UK government plan to create "Pirate Finder General" with power to
appoint militias, create laws
http://www.boingboing.net/2009/11/19/breaking-leaked-uk-g.html#previouspost
The Open Rights Group blogs
Digital Economy Bill: dangerous and draconian just got dictatorial
http://www.openrightsgroup.org/blog/2009/digital-economy-bill
Other articles have appeared in the newspapers
Mandelson tightens piracy bill, FT 20/11/09
http://www.ft.com/cms/s/0/449eac64-d574-11de-81ee-00144feabdc0.html
Mandelson seeks to amend copyright law in new crackdown on filesharing,
Guardian 19/11/09
http://www.guardian.co.uk/politics/2009/nov/19/mandelson-copyright-fileshar=
i
ng-murdoch-google
Barbara Stratton
Copyright & Information Society Consultant
Secretary, LACA: the Libraries and Archives Copyright Alliance, UK
Resource Member, IFLA Copyright & other Legal Matters Committee