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with his announcement this morning that the public will be able to nominate "unnecessary laws" that they want to see repealed.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

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Justin Trudeau points the way forward for European politics

Is the charismatic Canadian Prime Minister modelling the party of the future?

Six months after Canadian election day, Justin Trudeau’s Liberal party continues to bask in the glow of victory. With 44 per cent of support in the polls, the Liberals are the most popular party amongst every single demographic – men and women, young and old, and people of all educational backgrounds. 

While most European mainstream parties only dream of such approval, this is actually a small dip for the Liberals. They were enjoying almost 50 per cent support in the polls up until budget day on 21 March. Even after announcing $29.4 billion in deficit spending, Canadians overall viewed the budget favourably – only 34 per cent said they would vote to defeat it.

Progressives around the world are suddenly intrigued by Canadian politics. Why is Justin Trudeau so successful?

Of course it helps that the new Prime Minister is young, handsome and loves pandas (who doesn’t?) But it’s also true that he was leader of the Liberals for a year and half before the election. He brought with him an initial surge in support for the party. But he also oversaw its steady decline in the lead up to last year’s election – leadership is important, but clearly it isn’t the only factor behind the Liberals’ success today.

Context matters

As disappointing as it is for Europeans seeking to unpack Canadian secrets, the truth is that a large part of the Liberals’ success was also down to the former Prime Minister Stephen Harper’s extreme unpopularity by election time.

Throughout almost ten years in power, Harper shifted Canada markedly to the right. His Conservative government did not just alter policies; it started changing the rules of the democratic game. While centre-right governments in Europe may be implementing policies that progressives dislike, they are nonetheless operating within the constraints of democratic systems (for the most part; Hungary and Poland are exceptions).

Which is why the first weeks of the election campaign were dominated by an ‘Anybody But Harper’ sentiment, benefitting both the Liberals and the left-wing New Democratic Party (NDP). The NDP was even leading the polls for a while, inviting pundits to consider the possibility of a hung parliament.

But eight days before election day, the Liberals began to pull ahead.

The most important reason – and why they continue to be so popular today – is that they were able to own the mantle of ‘change’. They were the only party to promise running a (small) deficit and invest heavily in infrastructure. Notably absent was abstract discourse about tackling inequality. Trudeau’s plan was about fairness for the middle class, promoting social justice and economic growth.

Democratic reform was also a core feature of the Liberal campaign, which the party has maintained in government – Trudeau appointed a new Minister of Democratic Institutions and promised a change in the voting system before the next election.

The change has also been in style, however. Justin Trudeau is rebranding Canada as an open, progressive, plural society. Even though this was Canada’s reputation pre-Harper, it is not as simple as turning back the clock.

In a world increasingly taken by populist rhetoric on immigration – not just by politicians like Donald Trump, Nigel Farage, Marine Le Pen and other right-wingers, but also increasingly by mainstream politicians of right and left – Justin Trudeau has been unashamedly proclaiming the benefits of living in a diverse, plural society. He repeatedly calls himself a feminist, in the hope that one day “it is met with a shrug” rather than a social media explosion. Live-streamed Global Town Halls are one part of a renewed openness with the media. Progressive politicians in Europe would do well to take note.

Questioning the role of political parties today

Another interesting development is that the Liberal party is implicitly questioning the point of parties today. It recently abolished fee-paying, card-carrying party members. While this has been met with some criticism regarding the party’s structure and integrity, with commentators worried that “it’s the equivalent of turning your party into one giant Facebook page: Click ‘Like’ and you’re in the club,” it seems this is the point.

Colin Horgan, one of Trudeau’s former speechwriters, explains that Facebook is “literally a treasure trove for political parties”. All kinds of information becomes available – for free; supporters become easier to contact.

It was something the Liberals were already hinting at two years ago when they introduced a ‘supporters’ category to make the party appear more open. Liberal president Anna Gainey also used the word “movement” to describe what the Liberals hope to be.

And yes, they are trying to win over millennials. Which proved to be a good strategy, as a new study shows that Canadians aged 18-25 were a key reason why the Liberals won a majority. Young voter turnout was up by 12 per cent from the last election in 2011; among this age group, 45 per cent voted for the Liberals.

Some interesting questions for European progressives to consider. Of course, some of the newer political parties in Europe have already been experimenting with looser membership structures and less hierarchical ways of engaging, like Podemos’ ‘circles’ in Spain and the Five Star Movement’s ‘liquid democracy’ in Italy.

The British centre-left may be hesitant after its recent fiasco. Labour opened up its leadership primary to ‘supporters’ and ended up with a polarising leader who is extremely popular amongst members, but unpopular amongst the British public. But it would be wrong to assume that the process was to blame.

The better comparison is perhaps to Emmanuel Macron, France’s young economy minister who recently launched his own movement ‘En Marche !’ Moving beyond the traditional party structure, he is attempting to unite ‘right’ and ‘left’ by inspiring French people with an optimistic vision of the future. Time will tell whether this works to engage people in the longer term, or at least until next year’s presidential election.

In any case, European parties could start by asking themselves: What kind of political parties are they? What is the point of them?

Most importantly: What do they want people to think is the point of them?

Ultimately, the Canadian Liberals’ model of success rests on three main pillars:

  1. They unambiguously promote and defend a progressive, open, plural vision of society.
  2. They have a coherent economic plan focused on social justice and economic growth which, most importantly, they are trusted to deliver.
  3. They understand that society has changed – people are more interconnected than ever, relationships are less hierarchical and networks exist online – and they are adapting a once rigid party structure into a looser, open movement to reflect that.

*And as a bonus, a young, charismatic leader doesn’t hurt either.

Claudia Chwalisz is a Senior Policy Researcher at Policy Network, a Crook Public Service Fellow at the University of Sheffield and author of The Populist Signal: Why Politics and Democracy Need to Change