(Entry by Dr. Yaman Akdeniz)
Good news and bad news at the same time. Glad the Lords thought the government’s plan was no good but at the same time they offered “court ordered blocking powers” as an alternative measure. Website blocking is a crude measure and it is not even half a preventative measure. It does not address the “problem” and by blocking access to websites the alleged infringements d o not disappear. What happens is that users are punished rather than the offenders who uploaded the allegedly infringing materials in the first place.
I have recently addressed the problems associated with regards to blocking access to websites within the Turkish context and my analysis can be found in an OSCE report: Akdeniz, Y., Report of the OSCE Representative on Freedom of the Media on Turkey and Internet Censorship, January 2010, at <http://www.osce.org/documents/rfm/2010/01/42294_en.pdf>.
04 March, 2010
The government has been defeated in the House of Lords over measures to tackle online piracy after opponents said the plans could hamper digital innovation.
Ministers want the power to change laws on online copyright in future without the need for further legislation. The Lords said the ‘blanket nature’ of the clause was ‘objectionable’.
But their chosen replacement – giving courts the right to block internet sites which are infringing copyright – has also prompted criticism.
The government argued that the new Digital Economy Bill should include the power to amend copyright law to ensure legislation could cope with more technically advanced forms of piracy in the future.
But Google and Facebook were among the firms to express ‘grave concerns’ about the provision, saying it could allow ministers to ‘increase monitoring of user data even where no illegal practice has taken place’.
And on Wednesday, Lords voted to support a Conservative and Liberal Democrat amendment to the bill which paves the way for the clause to be scrapped. Lib Dem spokesman Lord Clement-Jones said it would be replaced with a measure allowing courts to use injunctions to force internet service providers (ISPs) to block certain websites. He said the ‘more proportionate, specific and appropriate’ measure, approved by 165 votes to 140, would tackle websites offering films or music illegally.
‘There are several sites out there on the web, many of which are based outside the UK, which refuse to stop supplying access to illegal content – indeed whose business plan depends on supplying illegal content,’ Lord Clement-Jones said.
“We cannot rely on the front bench of any major party to respect or understand the internet and modern technology” Pirate Party UK
‘At the moment it is not explicit what could be done about such sites.
‘This site-blocking remedy would give rights holders an explicit, swift recourse to courts to block access to those sites.’
He added: ‘I believe this is going to send a powerful message… that we do not believe in censoring the internet, but we are responding to genuine concerns from the creative industries about providing a process whereby their material can be satisfactorily accessed legally.’
But the amendment has caused just as much concern in some quarters.
The Internet Services Providers’ Association said it would lead to ‘blocking based on accusation rather than a court injunction’.
“I don’t think it would be sensible or appropriate to adopt this approach” – Lord Young of Norwood Green, junior innovation minister, on site-blocking
The Open Rights Group said the industry was ‘faced with an appalling sight’ – a choice between the government’s flawed stance, and that of the Lib Dems and Tories, who are ‘pushing an approach likely to produce straightforward threats, bans and withdrawals of sites with user generated content’.
Pirate Party UK, which campaigns on the issue, said the new measure does not require offending websites to be hosting the infringing material, only that such material is ‘accessible at or via’ the location.
Therefore, it said it could affect search engines like Google and sites like YouTube, adding: ‘Today’s events clearly demonstrate that we cannot rely on the front bench of any major party to respect or understand the internet and modern technology.’
Junior innovation minister Lord Young of Norwood Green said blocking websites was an ‘enormous step’.
He said it would be hard to block sites offering illegal content without also blocking legitimate material, and agreed that sites linking to other sites – such as search engines – could be adversely affected.
‘I don’t think it would be sensible or appropriate to adopt this approach,’ he warned during the debate on the bill.