Sunday, 22 November 2009


POSTED AT 6:27 AM NOVEMBER 19, 2009

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BREAKING: Leaked UK government plan to create "Pirate Finder General" with power to appoint militias, create laws


A source close to the British Labour Government has just given me reliable information about the most radical copyright proposal I've ever seen.

Secretary of State Peter Mandelson is planning to introduce changes to the Digital Economy Bill now under debate in Parliament. These changes will give the Secretary of State (Mandelson -- or his successor in the next government) the power to make "secondary legislation" (legislation that is passed without debate) to amend the provisions of Copyright, Designs and Patents Act (1988).

What that means is that an unelected official would have the power to do anythingwithout Parliamentary oversight or debate, provided it was done in the name of protecting copyright. Mandelson elaborates on this, giving three reasons for his proposal:

1. The Secretary of State would get the power to create new remedies for online infringements (for example, he could create jail terms for file-sharing, or create a "three-strikes" plan that costs entire families their internet access if any member stands accused of infringement)

2. The Secretary of State would get the power to create procedures to "confer rights" for the purposes of protecting rightsholders from online infringement. (for example, record labels and movie studios can be given investigative and enforcement powers that allow them to compel ISPs, libraries, companies and schools to turn over personal information about Internet users, and to order those companies to disconnect users, remove websites, block URLs, etc)

3. The Secretary of State would get the power to "impose such duties, powers or functions on any person as may be specified in connection with facilitating online infringement" (for example, ISPs could be forced to spy on their users, or to have copyright lawyers examine every piece of user-generated content before it goes live; also, copyright "militias" can be formed with the power to police copyright on the web)

Mandelson is also gunning for sites like YouSendIt and other services that allow you to easily transfer large files back and forth privately (I use YouSendIt to send podcasts back and forth to my sound-editor during production). Like Viacom, he's hoping to force them to turn off any feature that allows users to keep their uploads private, since privacy flags can be used to keep infringing files out of sight of copyright enforcers.

This is as bad as I've ever seen, folks. It's a declaration of war by the entertainment industry and their captured regulators against the principles of free speech, privacy, freedom of assembly, the presumption of innocence, and competition.

This proposal creates the office of Pirate-Finder General, with unlimited power to appoint militias who are above the law, who can pry into every corner of your life, who can disconnect you from your family, job, education and government, who can fine you or put you in jail.

More to follow, I'm sure, once Open Rights Group and other activist organizations get working on this. In the meantime, tell every Briton you know. If we can't stop this, it's beginning of the end for the net in Britain.

Previously:

Britain’s new Internet law — as bad as everyone’s been saying, and worse. Much, much worse.

Cory Doctorow
Boing Boing 
Sunday, Nov 22, 2009

The British government has brought down its long-awaited Digital Economy Bill, and it’s perfectly useless and terrible. It consists almost entirely of penalties for people who do things that upset the entertainment industry (including the “three-strikes” rule that allows your entire family to be cut off from the net if anyone who lives in your house is accused of copyright infringement, without proof or evidence or trial), as well as a plan to beat the hell out of the video-game industry with a new, even dumber rating system (why is it acceptable for the government to declare that some forms of artwork have to be mandatorily labelled as to their suitability for kids? And why is it only some media? Why not paintings? Why not novels? Why not modern dance or ballet or opera?).

So it’s bad. £50,000 fines if someone in your house is accused of filesharing. A duty on ISPs to spy on all their customers in case they find something that would help the record or film industry sue them (ISPs who refuse to cooperate can be fined £250,000).

But that’s just for starters. The real meat is in the story we broke yesterday: Peter Mandelson, the unelected Business Secretary, would have to power to make up as many new penalties and enforcement systems as he likes. And he says he’s planning to appoint private militias financed by rightsholder groups who will have the power to kick you off the internet, spy on your use of the network, demand the removal of files or the blocking of websites, and Mandelson will have the power to invent any penalty, including jail time, for any transgression he deems you are guilty of. And of course, Mandelson’s successor in the next government would also have this power.

What isn’t in there? Anything about stimulating the actual digital economy. Nothing about ensuring that broadband is cheap, fast and neutral. Nothing about getting Britain’s poorest connected to the net. Nothing about ensuring that copyright rules get out of the way of entrepreneurship and the freedom to create new things. Nothing to ensure that schoolkids get the best tools in the world to create with, and can freely use the publicly funded media — BBC, Channel 4, BFI, Arts Council grantees — to make new media and so grow up to turn Britain into a powerhouse of tech-savvy creators.

Lobby organisation The Open Rights Group is urging people to contact their MP to oppose the plans.”This plan won’t stop copyright infringement and with a simple accusation could see you and your family disconnected from the internet – unable to engage in everyday activities like shopping and socialising,” it said.

The government will also introduce age ratings on all boxed video games aimed at children aged 12 or over.

There is, however, little detail in the bill on how the government will stimulate broadband infrastructure.

Government lays out digital plans

Posted by Britannia Radio at 17:14