Tag: DEA

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Business ofcom Regs surveillance & privacy

#DEAct continues to cause problems as Parliamentary joint committee highlights concerns with cost sharing mechanisms

The Digital Economy Act, which you may recall was rushed through by the last government with inadequate consultation in the desperate dying days of its tenure continues to create a stir. This time the joint committee on Statutory Instruments has strongly criticised the Draft Online Infringement (Initial Obligations) (Sharing of Costs) Order 2012 which Ofcom is also currently consulting on.

The Order has been brought by the Department of Culture Media and Sport (DCMS) no doubt trying to clear the decks before they all shoot off to watch the London 2012 perform official duties at the olympics. In its report the joint committee says:

“This instrument is drawn to the special attention of the House on the grounds that it gives rise to issues of public policy likely to be of interest to the House and it may imperfectly achieve its policy objective“

Criticisms include:

  • Concern that the Order had been laid in the House whilst consultation was still ongoing and is not based on full information
  • Lack of detail from rights holders or a commitment that they would actually use the notification system to its fullest (what’s that all about? why would they go to so much effort to get a law passed to support their private business interest and then not use its powers?)
  • Insufficient evidence is provided to judge whether £20 “appeal fee” is the appropriate amount given that significant parts of the structure of the scheme and the appeal mechanism are still undecided.

The whole sad, sorry story continues.

PS thanks to ISPA for being around to constantly monitor this stuff. Someone has to read through and interpret the detailed legal blurb that comes out of Parliament.

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Business internet ofcom piracy Regs surveillance & privacy

Digital Economy Bill–Act–Farce continues beyond Parliamentary grave #DEAct #DEBill

In a continuation of the farcial speed that the Digital Economy Bill was rushed through into Law I’m told that Ofcom has already conducted two meetings with the 5 largest ISPs to discuss the implementation of the Code of Practice with a third planned for next Wednesday.

I’m also told that Ofcom has also met with 9 Music Industry Rights Holders and 5 from the movie making industry. Perhaps Ofcom could elaborate on this? If this is the case it seems hugely disproportionate in terms of representation. Hugely unfair in fact and feels very familiar with the way the Law was rushed through in the first place.

Despite what seems on the face of it to be a substantial consultation with Rights Holders no attempt appears to have been made to involve any small ISPs, the ISP Association, ISPA, or the London Internet Exchange, LINX. In fact the majority of the organisations that stand to lose out under the Digital Economy Act.

A threshold is likely to be applied in respect of which ISPs must comply with the DEA. This however has not been set yet and without it seems reasonable that all ISPs likely to be affected by it get a chance to participate in the discussion.

Being a reasonable minded person I am able to look at it from Ofcom’s perspective and observe that they have very little time to put together a Code of Practice around a hugely complex and controversial subject.  You might say Ofcom has been stitched up just as the ISPs have been. However in this case it just isn’t good enough. I think everyone concerned here should complain to Ofcom in the morning.

The Ofcom Switchboard number is 0300 123 3000 or 020 7981 3000. Ask for Ed Richards, Chief Executive.

Follow on note – check out these posts from Andrew Cormack, Chief Regulatory Adviser, JANET . He was at one of the meetings.