Three Strikes Bill v Fundamental Human Rights
// March 20th, 2010 // No Comments » // p2p
p2pnet view Music | P2P:- “Check out the signatories – perhaps a2f2a was more useful than had been expected!” That was an email I had yesterday from DPI expert Christopher Parsons, pointing to an Open Letter in the Guardian . “The digital economy bill is a highly controversial bill”, it says, going on > > > Many of us believe that it threatens to severely infringe fundamental human rights, by allowing the disconnection of internet accounts for alleged copyright infringement, and also by new ‘website blocking’ laws that could result in new ways to suppress free speech and legitimate activity. There are also dangers to business, through restrictions on provision on open wifi networks, that could damage our economy. But our worry today is that none of this will be properly debated by parliament. Last week, Harriet Harman MP failed to give the commons any reassurances that this important, complex and controversial Bill will be properly scrutinised by our elected MPs. Democracy and accountability will be sidestepped if this bill is rushed through and amended without debate during the so-called ‘wash-up’ process. The thousands of people we know to be contacting their MPs with concerns will find their faith in politicians even further undermined. For these reasons we are writing to ask that those most controversial parts of the bill – clauses 11-18, covering ‘technical measures’ and court orders for website blocking – either be properly debated, or be taken out of the Bill and subjected to genuine democratic scrutiny in a new parliament. The first two signatories are openDemocracy’s Anthony Barnett and artist/activist Billy Bragg (right). He and I started a2f2a.com , artists-to-fans-to-artists, to: Help each community better understand the other; Help find a practical and workable system which offers artists fair remuneration in exchange for access to material by fans; and Help set the agenda for discussions about the role P2P can play within the emergent digital record industry. But he disconnected from a2f2a and, “To me it’s obvious why Billy had to leave”, said BMKay in a Reader’s Write when I announced Billy’s departure , adding he’s “a moderate and unfortunately both the music cartels and most people on here [p2pnet and a2f2a] are extremists. I think he was hoping for some middle ground, unfortunately that is an increasingly rare commodity round here.” Draconian law Yesterday, “If you’re among those concerned by the way vested-interested politicians and entertainment industry shills such as non-elected bureaucrat Peter ‘Mandy’ Mandleson are trying to force Britain’s Digital Economy Bill through before the upcoming general election, head over to 38degrees , p2pnet suggested. It’s teamed up with Open Rights Group “to make it easy for you to write to your MP urging them to stop the Government rushing the bill through”, we said, going on, “It’ll take you less than 2 minutes. Just enter your postcode above (so we can find your MP) and click ‘participate’ to get started.” The “draconian law is opposed by industry experts, internet service providers (like TalkTalk and BT), web giants including Google, Yahoo and Ebay and even the British Library”, said 38degrees , noting > > > Despite all this opposition, the Government is trying to rush it through quietly just before the election without proper debate – without a chance for us to voice our opposition. Email your MP now and urge them to stop the government rushing this law through. There’s plenty to oppose in the Digital Economy Bill, it gives the government the ability to disconnect millions. Schools, libraries and businesses could see their connection cut if their pupils, readers of customers infringe any copyright. But one group likes it, the music industry. In a leaked memo a few days ago they admitted the only way to get the bill through would be to rush it through without a real parliamentary debate. In other words, the bill is a disaster for everyone except the entertainment cartels. Unanimous vote In response to Chris Parsons’ email telling me about the letter, “That doesn’t surprise me”, I said, referring to the fact Billy had signed it. He’s on the board of the Featured Artists Coalition , together with Dave Rowntree of Blur, Nick Mason of Pink Floyd, Ed O’Brien of Radiohead, Kate Nash, Hal Ritson of The Young Punx, Howard Jones, Mark Kelly of Marillion, Sandie Shaw, Master Shortie, Lucy Pullin of The Fire Escapes, Ross Millard of The Futureheads, Fran Healy of Travis, and Annie Lennox. The FAC inaugural meeting resulted in a unanimous vote against any measures that criminalized file-sharing. Six months later, the members reversed themselves stating they > > > overwhelmingly support a three-strike sanction on those who persistently download illegal files, sanctions to consist of a warning letter, a stronger warning letter and a final sanction of the restriction of the infringer’s bandwidth to a level which would render file-sharing of media files impractical while leaving basic email and web access functional. Soon after, “I accept that FAC need to deliver a better message that clearly states where we stand on file-sharing, but you have to understand that the vast majority of artists are still wedded to the record industry view of downloading as a threat,” said Billy a p2pnet Reader’s Write , going on »»» There were over 60 artists in the room last week when we were discussing how to respond to the industry’s demand that the govt pass laws to suspend internet connections, only a dozen from the FAC. Despite evidence that technical sanctions will not work from several IT experts that we invited, the majority was clearly in favour of some kind of sanction. In order to try to stop disconnection, we opted for bandwidth squeezing as a compromise between all of our positions. Our task now is to convince our colleagues that there is no technical solution, but this will take time. [My emphasis] Until we can get a critical mass of artists to understand that the record industry doesn’t always act in our best interests and that we need to take the initiative on the issue of copyright and access, we have to keep engaged in discussion and education. Billy made that statement six months ago. But there’s been no discussion and absolutely no attempt to involve the people who keep the music industry (and Billy) fat and happy — the fans. In my Letter to Chris Parsons, “I think Billy is wrong not to have completely and publicly disassociated himself from the FAC, and I’ve told him so”, I said, going on, “And I still think he’s wrong. “His signature on this kind of document [the open letter] doesn’t mean much if he continues to tacitly support the FAC’s actions. And the same goes for Ed O’Brien and any of the other board members who are still board members. “This is a situation where if one isn’t part of the solution, one is part of the problem.” I’ve emailed Billy and I’ll let you know when I hear back from him. For now, other signatories to the open letter include > > > Bridget Fox, Liberal Democrat PPC, Islington South & Finsbury Jo Glanville, Editor, Index on Censorship John Grogan MP Andrew Heaney, Director of Regulation, TalkTalk Julian Huppert, Liberal Democrat PPC, Cambridge Julia and Simon Indelicate, The Indelicates Jim Killock, Executive Director, Open Rights Group Nicholas Lansman, Secretary General, ISPA Graham Linehan, screenwriter Caroline Lucas, Leader, Green Party Baroness Miller Peter Tatchell, human rights campaigner Tom Watson MP Lord Whitty, Chair, Consumer Focus ‘We love you. But do you love us?’ In an open letter of my own , “All of the attention is presently on Britain but, as I’ve said many times before, the Three Strikes plan is international with Vivendi Universal, EMI, Warner Music and Sony Music, and Disney, News Corp, Time Warner, Viacom, NBC Universal and Sony Pictures, trying to foist it on governments around the world”, I said, adding > > > I believe artists — the FAC in particular — must come out firmly and definitely against the Three Strikes farce. So please, hold another emergency meeting and this time, return to your original position. It’ll take cojones, but it’ll be the strategically and tactically smart thing to do. Even if it’s adopted, three strikes won’t last. Anywhere. It can’t. And the backlash against anyone who supports it will be enormous. “We love you”, I added, “But do you love us? “Show us you do.” Stay tuned. Jon Newton – p2pnet / a2f2a.com - … .. … and identi.ca More First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi Guardian – Open letter: Wash-up not appropriate for controversial disconnection proposals, March 19, 2010 p2pnet – New anti-3 Strikes online effort, March 19, 2010 Billy’s departure – Billy Bragg leaves a2f2a.com, February 24, 2010 p2pnet – We are the walrus. Or, thank you Lily Allen, October 4, 2009 same goes for Ed O’Brien – Dear Ed O’Brien …, January 23, 2010 open letter of my own – Open letter to Featured Artists’ Coalition, November 16, 2009 Use free p2pnet newsfeeds for your site. Subscribe to - | | rss feed: http://-/feed -? - Click here to learn what technologies might help you bypass censorship in your area. If you’re among those concerned by the way vested-interested politicians and entertainment industry shills such as non-elected bureaucrat Peter ‘Mandy’ Mandleson are trying to force Britain’s Digital Economy Bill through before the upcoming general election, head over to 38degrees .It’s teamed up with Open Rights Group “to make it easy for you to write to your MP urging them to stop the Government rushing the bill through”, it says, going on: “It’ll take you less than 2 minutes. Just enter your postcode above (so we can find your MP) and click ‘participate’ to get started.” The “draconian law is opposed by industry experts, internet service providers (like TalkTalk and BT), web giants including Google, Yahoo and Ebay and even the British Library”, says 38degrees , going on > > > Despite all this opposition, the Government is trying to rush it through quietly just before the election without proper debate – without a chance for us to voice our opposition. Email your MP now and urge them to stop the government rushing this law through. There’s plenty to oppose in the Digital Economy Bill, it gives the government the ability to disconnect millions. Schools, libraries and businesses could see their connection cut if their pupils, readers of customers infringe any copyright. But one group likes it, the music industry. In a leaked memo a few days ago they admitted the only way to get the bill through would be to rus
