With little debate in the Commons, the UK’s audacious Digital Economy Bill is now an Act of Parliament (law), passed last week during a late-night “wash up” session. The bill is designed to bring fairness to the digital side of business in the UK, with an intent to modernize and regulate digital media. But what does this really mean? Here are some key provisions from the Bill:
• Requires Ofcom [telecommunications regulator] to report on communications infrastructure and media content.
• Imposes obligations on internet service providers to reduce online copyright infringement.
• Allows the Secretary of State to intervene in internet domain name registration.
• Requires Channel Four to provide public service content on a range of media.
• Provides more flexibility over the licensing of Channel 3 and Channel 5 services.
• Modifies the licensing regime to facilitate switchover to digital radio.
• Allows variation of the public service provision in Channel 3 and 5 licenses.
• Provides Ofcom with additional powers in relation to electromagnetic spectrum access.
• Extends the range of video games that are subject to age-related classification.
• Includes non-print formats in the public lending right payment scheme.
Portions of the bill are already being touted as “rushed” and “unenforceable.” The concern is that these provisions outline objectives without providing details about how they’ll be met or enforced. In particular, the two items in bold could have serious ramifications to how people in the UK access digital information and copyrighted material. Worst-case scenarios could allow the government to block websites such as YouTube, Wikileaks, and even Google, all due to the way the Bill adumbrates web sources that have infringed upon copyrights in the past, “intend to” infringe, and finally those that may provide access (e.g., search engines) to copyrighted material.
It seems as though governments and corporations across the globe, including the US and Australia, are tightening their grip on what has for a long time been the Digital Wild West. You can stay up to date on the bill here, while a broader overview can be viewed here. For criticism of the Bill and its passage, check out Electric Roulette and TorrentFreak.