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Laurie Penny: Digital Politics - Replacing 'unnecessary laws'

It’s time to ditch the Digital Economy Act

Let’s use Nick Clegg’s promise of digital politics to rid ourselves of this antediluvian law.

Nick Clegg is angling for some much-needed goodwill from the left with his announcement this morning that the public will be able to nominate "unnecessary laws" that they want to see repealed.

The Deputy Prime Minister is crowdsourcing people's ideas for the repeal or reform of legislation in three key areas:

  • Laws that have eroded civil liberties
  • Regulations that stifle the way charities and businesses work
  • Laws that are not required and which are likely to see law-abiding citizens criminalised

The Your Freedom website allows the public to suggest changes to invasive laws, and to "rate" those that they would like the government to consider for repeal or reform in the upcoming Freedom Bill, which will be unveiled in the autumn.

Depending on which suggestions make it into the bill, this may well herald a whole new way of forming policy, as well as allowing Clegg to put on a solemn voice to inform us that "Today is the launch of Your Freedom", rather like a civil servant auditioning for the role of deranged desert prophet.

The Your Freedom initiative isn't precisely direct digital democracy -- the government has no obligation to consider any of the suggestions, which, according to the Telegraph, will be "sifted" before any assessment is made -- but it's a start.

There is really only one way for civil liberties campaigners to respond to such an unprecedented display of faith in digital politics: with a lobby to reform the antediluvian Digital Economy Act, removing the sections of the bill which threaten internet users with summary disconnection for engaging in free file-sharing.

This morning, a group of Open Rights Group supporters and opponents of the Digital Economy Bill, led by Katie Sutton, convenor of the Stop Disconnection demonstration in March, put together the following statement:

The Digital Economy Act (DEA) is an insult to British citizens, and the government should consider its repeal in the upcoming Freedom Bill as a matter of urgency. The DEA was rushed through at the tail-end of the last parliament in an undemocratic manner, allowing the owners of copyrighted content such as music and film (rights holders) to demand that an internet service provider (ISP) cut someone's internet connection if they suspect that they have downloaded copyrighted content. Rights holders only need to prove that the wrongdoing occurred using the internet connection they wish to be cut, not that the persons affected are guilty.

This leaves account holders responsible for the actions of anyone using their connection, whether legitimately or by piggybacking without permission. In this digital age, an internet connection is essential for simple tasks like banking, paying bills and jobhunting, and as a result, taking away a connection used by several people as punishment for the actions of an individual who may not even be known to them is fundamentally wrong.

Simply put, the act imposes disproportionate, collective punishment, does not follow the principle of innocent until proven guilty and contravenes Magna Carta, which in 1215 stated that, as a basic human right, no person may be punished without a fair trial. The Digital Economy Act is a massive insult to our civil liberties and should be repealed in its entirety, subject to the less objectionable clauses being redrafted and discussed democratically in the Houses of Parliament to pave the way for a proper digital economy which does not punish innocent people.

If the Liberal Democrats are looking for "bad laws", they should look no further than the Digital Economy Act, which was forced through during the wash-up, despite huge opposition from a digital grass-roots movement of internet users, civil rights protesters and allies within Westminster.

The act could be construed in any of the three available categories:

  • as a threat to civil liberties (in 2009, EU Amendment 138/46 declared that access to the internet is a fundamental human right)
  • as a threat to businesses and charities (many sections of the music, film and other UK creative industries depend on file-sharing to support their business model and disseminate ideas), and
  • as an unecessary law that threatens to criminalise the seven million law-abiding British internet users who regularly share files.

It's only a pity that the Liberal Democrats, who voiced their opposition to the Digital Economy Bill in March, couldn't be bothered to turn up to vote against this regressive, draconian law in significant numbers prior to the election campaign.

Still, better late than never: for those of us who care about digital rights, the patronisingly titled Your Freedom site is a brilliant opportunity to make our voices heard.

What you can do

Comment on and rate any or all of the following suggestions, uploaded to Your Freedom by concerned citizens, to repeal aspects of the Digital Economy Act.

It is telling that, within hours of the site going live, a number of suggestions to reform the act have already been put forward, as well as some sillier ideas for what the government should throw out ("The EU in general" is my favourite so far). I've selected what seem to be the most comprehensive and well-supported proposals, referring to specific clauses of the act that need to be repealed. All of them deserve your rating and comments:

  1. An official proposal, put together by the Open Rights Group in consultation with human rights lawyers and digital freedom activists (link to come). If you vote for only one idea, make it this one.
  2. Save Britain's Digital Economy by Repealing the Digital Economy Act.
  3. Repeal the Digital Economy Act 2010. You'll need to log in or register at the Your Freedom website, but the process takes just a few seconds and does not require you to give out sensitive information.

If you believe, as I do, that access to the internet is a fundamental right, you should get behind this campaign.