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Laurie Penny: Digital Politics - Replacing 'unnecessary laws'

It’s time to ditch the Digital Economy Act.

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with his announcement this morning that the public will be able to nominate "unnecessary laws" that they want to see repealed.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.

Laurie Penny is a contributing editor to the New Statesman. She is the author of five books, most recently Unspeakable Things.

Nicola Sturgeon. Photo: Getty
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Nicola Sturgeon's half-hearted "reset" is not enough to win back voters to the SNP

Election campaigners report that the doorstep feedback suggests the First Minister is now seen as aloof, with little interest in the average voter’s concerns.

In Scots law, under a charge of robbery, theft, breach of trust, embezzlement, falsehood, fraud or wilful imposition, the accused may be convicted of "reset". It’s not clear which of these particular terms Nicola Sturgeon had in mind this week when she used that word to describe her reformed plans for a second independence referendum. Fraud seems a little too strong. Breach of trust or wilful imposition are perhaps closer to the mark.

It’s been many, many years since the SNP has seemed this unsure of its footing. Fair enough: who in politics isn’t, these days? But the slow-motion car crash that is Scotland’s governing party deserves a prime-time slot all of its own. "The SNP has squandered what was an extraordinarily strong position," says a thoughtful observer from the opposition benches.

If Sturgeon’s authority hasn’t gone – and she continues to rule Scotland’s most popular mainstream party, both at Holyrood and Westminster – it has undeniably taken a shellacking. The aura of invincibility that surrounded the First Minister’s early years in power is no more, both within and without the SNP. "What struck me as she announced her 'reset' was that a woman who was often listened to in respectful silence in the past found herself being shouted at by Labour, the Lib Dems and the Tories," says a source. "There was giggling and mockery, which is new. She seemed diminished."

My own judgement is that the reset proposal, which amounts to little more than extending the deadline for a second indyref by six months to a year, will do almost nothing to woo back the half-million voters who deserted the Nats between the 2015 and 2017 general elections. In my experience, these people don’t want the referendum delayed for six months, they want it off the table. They also want the SNP to shut up about it, and they want to see the public services and the economy given full attention. That is the challenge they have set the First Minister in the four years left of this Holyrood parliament. In an enlightening article in the Guardian this week, Severin Carrell quotes voters from the "Tartan Tory" areas that recently unseated Alex Salmond and Angus Robertson. "Fed up with the SNP, simple as."

Fed up. Sturgeon’s greatest error – a charge levelled by internal critics – was to force and win a vote at Holyrood on the holding of another referendum, after the Brexit decision but before Article 50 was triggered. In the minds of voters already worried about leaving the EU and looking for what we might call strong and stable leadership, this merely confirmed the SNP’s monomania: that it saw literally everything as a pretext for independence. The step looked cynical, it looked rushed, it looked, well, desperate.

To be fair to the First Minister, she was playing a double game. Obviously, she supports breaking up the UK and needs to continually feed the beast that is the separatist movement, but she also hoped the looming threat of another referendum would give her leverage as the UK negotiated Brexit, perhaps to secure a distinct deal of some kind for Scotland. She was wrong. "Theresa May would show up for meetings with the various leaders of the UK’s nations, read from a script and then refuse to take questions," says an SNP insider. "The whole thing has been a shambles. The British government just isn’t interested."

This deliberate mutual misunderstanding is a problem not just for the SNP, but for the smooth running of the UK. Pre-devolution, a deal such as that struck with the DUP would have been discussed in Cabinet where powerful Scottish and Welsh secretaries would demand and usually emerge with some goodies for back home. Now, each nation is run by a different tribe, the relationships are oppositional and antagonistic, and no side wants to make things easier for the other. Britain has stopped talking to itself, and stopped trading with itself. We have spiralled off into our own mini-cultures, which often bear little resemblance to each other.

Ultimately, though, Sturgeon looks like the author of her own misfortune. Her tone in Holyrood as she announced the ‘reset’ was unapologetic and belligerent. There was no real humility or admission of error, and no sense that an indyref was in any way off the table. Election campaigners report that the doorstep feedback suggests she is now seen as aloof, with little interest in the average voter’s day-to-day concerns or in listening to them. Her team seem unable or unwilling to absorb this. "They’re still pushing far too hard," says one Tory source. "The only way I can make sense of it is that they’re playing it like a poker hand. They’ve come too far and feel they have no choice but to go all-in. But it’s a losing hand."

There are only two routes I can see that might, perhaps, make something of a difference. The first is a comprehensive reshuffle that brings some of the smarter, younger MSPs into the government. Many of them, as newcomers to the cause, speak differently about independence and their reasons for joining the SNP than do the generation of Sturgeon, Salmond, John Swinney and Mike Russell.

The second is to return to the debate about devo max or federalism. Again, in conversation with the new generation of Nats you are more likely to discuss these options. A number of them are technocrats who have a view of the way Scotland should be governed. They might see independence as the best way to achieve this, but they are also open to a looser relationship within the UK, one that might involve greater powers around taxation, spending and borrowing. With every UK region outside London running a chunky deficit, Scotland could set its own deficit-reduction target and develop a plan to get there. Not only would that be good for the UK economy, it would also allow the SNP to demonstrate that a separate state could work - and indeed, would work.

In short, the SNP will not whine its way to independence. Its best option now is to do what the Scottish people are asking it to do: make a better job of running the place, and stop talking about independence for a while. First, though, that requires the party to listen.

Chris Deerin is the New Statesman's contributing editor (Scotland). 

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