The Supreme Court case which didn't break the internet

Do you "copy" a website just by reading it? No, thankfully.

The Supreme Court has ruled on NLA v PRCA, the case which could break, or save, the internet.

Some background: the Newspaper Licensing Agency took Meltwater, a media monitoring firm to court over whether or not it had to pay licence fees for sending links to its customers. Traditionally, monitoring firms had to pay the licensing agency for the right to distribute clippings of newspapers, because photocopying a newspaper is clearly an act of copying that requires a license. But as everything moved online, that clarity became blurred; and hence, a court case was brought.

We first reported on the case after it made it to the High Court in August, when an astonishingly bad precedent was set. It was ruled that viewing a website on a computer was an act of copying which required a license, just as if you had photocopied a newspaper. Although the ruling was made with regards to a specific scenario, it was general enough to apply to general use of the internet. Clicking on a link, even one which lead to entirely legal content, would, under that ruling, constitute copyright infringement. At the time, I said it "[put] at risk the basic skeleton of the internet."

Thankfully, the case was appealed to the Supreme Court (by the PRCA, a trade body of which Meltwater is a member), where it was ruled today that temporary copies made solely for the purpose of viewing copyrighted material are not infringing. The decision extends copyright exemption to "temporary copies made for the purpose of browsing by an unlicensed end-user", according to the judgement. It is based on European law which "identified very clearly the problem which has arisen" in this case, but which didn't quite specify that this particular method of viewing was covered. Once it is accepted that that law does cover the temporary copies made in this case, "much of the argument which the courts below accepted unravels."

Writing for the majority, Lord Sumption also accepted that the previous ruling would have had wide-ranging effects:

The issue has reached this court because it affects the operation of a service which is being made available on a commercial basis. But the same question potentially affects millions of non-commercial users of the internet who may, no doubt unwittingly, be incurring civil liability by viewing copyright material on the internet without the authority of the rights owner, for example because it has been unlawfully uploaded by a third party. Similar issues arise when viewers watch a broadcast on a digital television or a subscription television programme via a set-top box.

Since the ruling has implications for European law, it has been referred to the European Courts of Justice, which will now consider the question before any final ruling is issued by the Supreme Court.

Until then, and hopefully after, you can continue to use your computers as you were. Carry on.

Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Did your personality determine whether you voted for Brexit? Research suggests so

The Online Privacy Foundation found Leave voters were significantly more likely to be authoritarian and conscientious. 

"Before referendum day, I said the winners would be those who told the most convincing lies," Paul Flynn, a Labour MP, wrote in these pages. "Leave did." The idea that those who voted for Brexit were somehow manipulated is widely accepted by the Remain camp. The Leave campaign, so the argument goes, played on voters' fears and exploited their low numeracy. And new research from the Online Privacy Foundation suggests this argument may, in part at least, be right. 

Over the last 18 months the organisation have researched differences in personality traits, levels of authoritarianism, numeracy, thinking styles and cognitive biases between EU referendum voters. The organisation conducted a series of studies, capturing over 11,000 responses to self-report psychology questionnaires and controlled experiments, with the final results scheduled to be presented at the International Conference on Political Psychology in Copenhagen in October 2017.

The researchers questioned voters using the "Five Factor Model" which consists of five broad personality traits - Openness, Conscientiousness, Extraversion, Agreeableness and Neuroticism. They also considered the disposition of authoritarianism (it is not considered a personality trait). Authoritarians have a more black and white view of the world around them, are more concerned with the upkeep of established societal traditions and have a tendency to be less accepting of outsiders. 

So what did they uncover? Participants expressing an intent to vote to leave the EU reported significantly higher levels of authoritarianism and conscientiousness, and lower levels of openness and neuroticism than voters expressing an intent to vote to remain. (Conscientiousness is associated with dependability, dutifulness, focus and adherence to societal norms in contrast to disorganisation, carelessness and impulsivity.)

Immigration in particular seems to have affected voting. While authoritarians were much more likely to vote Leave to begin with, those who were less authoritarian became increasingly likely to vote Leave if they expressed high levels of concern over immigration. These findings chime with research by the Professors Marc Hetherington and Elizabeth Suhay, which found that Americans became susceptible to "authoritarian thinking" when they perceived a grave threat to their safety. 

Then there's what you might call the £350m question - did Leave voters know what they were voting for? When the Online Privacy Foundation researchers compared Leave voters with Remain voters, they displayed significantly lower levels of numeracy, reasoning and appeared more impulsive. In all three areas, older voters performed significantly worse than young voters intending to vote the same way.

Even when voters were able to interpret statistics, their ability to do so could be overcome by partisanship. In one striking study, when voters were asked to interpret statistics about whether a skin cream increases or decreases a rash, they were able to interpret them correctly roughly 57 per cent of the time. But when voters were asked to interpret the same set of statistics, but told they were about whether immigration increases or decreases crime, something disturbing happened. 

If the statistics didn't support a voter's view, their ability to correctly interpret the numbers dropped, in some cases, by almost a half. 

Before Remoaners start to crow, this study is not an affirmation that "I'm smart, you're dumb". Further research could be done, for example, on the role of age and education (young graduates were far more likely to vote Remain). But in the meantime, there is a question that needs to be answered - are political campaigners deliberately exploiting these personality traits? 

Chris Sumner, from the Online Privacy Foundation, warns that in the era of Big Data, clues about our personalities are collected online: "In the era of Big Data, these clues are aggregated, transformed and sold by a burgeoning industry."

Indeed, Cambridge Analytica, a data company associated with the political right in the UK and US, states on its website that it can "more effectively engage and persuade voters using specially tailored language and visual ad combinations crafted with insights gleaned from behavioral understandings of your electorate". It will do so through a "blend of big data analytics and behavioural psychology". 

"Given the differences observed between Leave and Remain voters, and irrespective of which campaign, it is reasonable to hypothesize that industrial-scale psychographic profiling would have been a highly effective strategy," Sumner says. By identifying voters with different personalities and attitudes, such campaigns could target "the most persuadable voters with messages most likely to influence their vote". Indeed, in research yet to be published, the Online Privacy Foundation targeted groups with differing attitudes to civil liberties based on psychographic indicators associated with authoritarianism. The findings, says Sumner, illustrate "the ease with which individuals' inherent differences could be exploited". 

Julia Rampen is the digital news editor of the New Statesman (previously editor of The Staggers, The New Statesman's online rolling politics blog). She has also been deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines. 

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