Digital Top Stories

Net firms formally object to Digital Economy Bill clause 17

By | Published on Thursday 3 December 2009

A string of internet companies, including Google, Facebook, Yahoo and eBay, have signed an open letter to that Peter Mandelson blokey urging him to drop some of the clauses in his Digital Economy Bill, in particular that previously reported controversial clause that basically gives the Secretary Of State responsible for intellectual property the power to introduce new copyright rules on a whim.

While provisions for a three-strikes style system that could ultimately lead to persistent file-sharers having their net connections suspended dominated opposition to the Bill before its publication last month, a number of commentators focused on the ‘change on whim’ clause – clause 17 – once the proposed legislation had been released.

Presumably Mandy et al would argue that digital technologies develop so fast these days that it is impossible for copyright law to keep up, and that ministers need the flexibility to respond to new kinds of piracy without drawn out court cases or changes in legislation. But many fear the proposed powers would enable the powerful content and media companies to pressure ministers into introducing more draconian copyright rules without said rules being up for parliamentary debate.

In the open letter, the net firms say that they “share respect” for copyright and support some parts of the Bill that deal with intellectual property issues, but add that they have “grave concerns” over some of the proposals “which risk stifling innovation and damaging the government’s vision for a digital Britain”.

The letter continues: “In particular, we believe the bill’s clause 17 – which gives any future secretary of state unprecedented and sweeping powers to amend the Copyright, Designs and Patents Act 1988 – opens the way for arbitrary measures. This power could be used, for example, to introduce additional technical measures or increase monitoring of user data even where no illegal practice has taken place”.

It concludes: “This clause is so wide that it could put at risk legitimate consumer use of current technology as well as future developments … The industry as a whole had hoped that the outcome of [the government’s] Digital Britain [report] would be a clear, workable set of principles by which the industry could operate. On the contrary, clause 17 creates uncertainty for consumers and businesses and puts at risk the UK’s leading position in a digital Europe. We urge you to remove clause 17 from the bill”.

Mandelson’s office say that any powers given to a minister with regards copyright rules would be exercised responsibility, and in consultation with all key stakeholders. Whether those words will placate those who object to the ‘change on whim’ provision I’m not sure. Probably not.



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