Digital Economy Bill

What is it?
The Digital Economy Bill is a Government Bill sponsored by Lord Mandelson (Department for Business, Innovation and Skills). It implements aspects of Government policy on digital media set out in the ‘Digital Britain’ White Paper published in June 2009.

Note that last line. It will become important later on.


Digital Britain White Paper
This 245 page document is available as in PDF, RTF, Word and HTML. Ironically, see end of page, this document is not easy to read on modern devices such as the iPhone.

Anyway, swiftly moving on.
Summarising, the key areas of the Digital Britain document are as follows:

Purpose: to keep the UK a world leading digital knowledge economy by offering a strategic view with a programme of action to:
* enhance the communications infrastructure;
* to enable Britain to be a global centre for the creative industries, delivering more quality content in a clear and fair legal framework;
* to ensure skills flourish and that all can participate
* allow the government to modernise and improve its service through digital procurement and digital delivery of public services.

The Report covers topics such as:
* next generation broadband
* mobile networks
* broadcast networks such as television, data centres and radio
* creative industries and rights-based funding including retransmission, reuse and micropayments
* public service content
* research, education and sills
* digital security and safety

It covers technologies such as:
* Facebook
* HDTV
* HSDPA and HSPA
* the iPhone
* IPTV
* VoD
* Wimax
* Youtube

Digital Economy Bill
After that long preamble let's look back at the Digital Economy Bill.
What's attracting criticism is that the Bill focuses heavily on regulations that involve copyright infringement; radio/TV licensing; limiting internet access; and clarifications to the video game regulations.

However, aspects such as:
* enhancing the communications infrastructure;
* ensuring skills flourish and that all can participate;
* allowing the government to modernise and improve its service through digital procurement and digital delivery of public services
... are less well supported.
C4C (Channel Four Television Corporation) is given the sole responsibility for creating quality content and supporting creative talent.


What stage is this bill at?
Initially at the House of Lords:
* Committee stage - 26th January 2010. Amendments discussed covered clauses 10 to 18 of the Bill (more on this later).
* Report stage - 3rd February 2010 when further amendments will be discussed.
* 3rd reading
Then proceeding to the House of Commons, Consideration of Amendments, and Royal Assent

For more information see here: Parliamentary Readings and Stages


Summary of the Bill
* extends the role of Ofcom to include reporting on communications infrastructure and media content
* imposes obligations on internet service providers to reduce online copyright infringement, and allows the Secretary of State to amend copyright legislation to the same end
* 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 and allows Ofcom to appoint providers of regional and local news
* modifies the licensing regime to facilitate switchover to digital radio
* allows variation of the public service provision in Channel 3 and 5 licences
* provides Ofcom with additional powers in relation to electromagnetic spectrum access
* extends the range of video games that are subject to age-related classification
* makes provision for the regulation of copyright licensing
* includes non-print formats in the public lending right payment scheme

Comments on the Bill
The Digital Economy Bill (a 63 page document) says in summary:

To make provision about the functions of the Office of Communications; to
make provision about the online infringement of copyright, about licensing of
copyright and performers’ rights and about penalties for infringement; to
make provision about internet domain registries; to make provision about the
functions of the Channel Four Television Corporation; to make provision
about the regulation of television and radio services; to make provision about
the regulation of the use of the electromagnetic spectrum; to amend the Video
Recordings Act 1984; to make provision about public lending right in relation
to electronic publications; and for connected purposes.


Comments on Clause 17
An area that has recently been causing controversy is Clause 17 which, if inserted, would increase the powers of the government to tackle future, as yet unknown, infringements of copyright. Examples under discussion included P2P file sharing and Napster. This debate included Lords Mandelson, Puttnam, Bragg, Howard of Rising, De Mauley, Razzall, Clement-Jones, Whitty and Lucas.

Against Clause 17:
People/groups such as Carphone Warehouse. Charles Dunstone, the chief executive of Carphone Warehouse who owns TalkTalk, said he refused to send his customers who were suspected file-sharers warning letters about their supposed activity or disconnect them, even if these clauses of the bill became law.
Other companies include eBay, Facebook, Yahoo! and Google who wrote a joint letter against Clause 17 saying "we believe the bill’s Clause 17 – which gives any future Secretary of State unprecedented and sweeping powers to amend the Copyright, Design and Patent Act".

For Clause 17:
The music and film companies who want to increase governmental powers to reduce music and movie piracy.

Links:
* Digital Britain - Final Report - June 2009.
* Parliamentary Digital Economy documents
* Google, eBay, Facebook and Yahoo letter re Clause 17

Note that the Digital Britain Final Report is a 245 page, 3.3MB document.
Now, is it just me that finds it ironic that none of these formats are easily read using a modern device such as the iPhone? Common eBook readers such as Stanza, Amazon Kindle for iPhone and eReader struggle with these files. For example, with Stanza you have to download a Desktop application, then convert the PDF to epub format (which is used by Stanza), attach the iPhone to your computer and finally upload the converted file to the iPhone. One could argue it's the fault of the software. Alternatively, you could say the formats provided by Parliament are a little dated.

Digital Economy Bill