Parliamentary Comms Group Says ‘No’ to UK 3-Strikes

Written by Ben Jones on October 17, 2009 

An increasing death-knell is sounding for Lord Mandelson’s proposals for 3-strikes Internet disconnections. The latest blow comes from the All Party Parliamentary Communications Group. After a consultation earlier this year, they have now published their response, and it’s not one favorable to ‘Darth Mandy’ and his plans.

Recently there has been a series of blows against proposals for ‘graduated response’ or ‘three strikes’ measures in the UK for dealing with alleged illicit file-sharers.

This week alone we’ve had an Early Day Motion from a member of Lord Mandelson’s own party, and more recently ISPs have talked about the futility of the suggested legislation.

Mandelson reportedly started pushing it after a meeting with Hollywood mogul David Geffen, and was apparently uninterested in the whole situation prior to the meeting, although that claim was flatly denied.

Now, the All Party Parliamentary Communications Group (apComms) has released its own findings to its more broad consultation, and it’s not good reading for 3-strikes proponents.

There were significantly fewer responses than for other similar consultations, although the scope was much wider. It was also much more open, without assumptions or leading questions. It was, in fact, fairly neutral and seemed to be concerned with gathering information, rather than trying to solicit support for a predetermined policy. Most appropriately, it was titled “Can we keep our hands off the net?

The topics covered included dealing with ‘bad traffic’ (which includes copyright infringement, P2P and botnets), behavioral advertising (such as Phorm), online privacy and child pornography procedures. Finally it dealt with the issue of who should foot the bill for Internet traffic, and whether network neutrality should be codified. The first and last questions are of particular concern to TorrentFreak, and the conclusions make for interesting reading.

On the subject of P2P and copyright enforcement, they came to the following conclusions;

58. We conclude that much of the problem with illegal sharing of copyrighted material has been caused by the rightsholders, and the music industry in particular, being far too slow in getting their act together and making popular legal alternatives available.
59. We do not believe that disconnecting end users is in the slightest bit consistent with policies that attempt to promote eGovernment, and we recommend that this approach to dealing with illegal file-sharing should not be further considered.
60. We think that it is inappropriate to make policy choices in the UK when policy options are still to be agreed by the EU Commission and EU Parliament in their negotiations over the “Telecoms Package”. We recommend that the Government terminate their current policy-making process, and restart it with a new consultation once the EU has made its decisions.

Network Neutrality and actual bandwidth availability was also a concern, with the following recommendations being made;

212. We recommend that Ofcom keep the issue of “network neutrality” under review and include a section in each annual report that indicates whether there are any signs of change.
214. We recommend that Ofcom regulate to require ISPs to advertise a minimum guaranteed speed for broadband connections.

We know that many of our UK readers will be happy with the last recommendation, especially after a study by OFCOM earlier this year found that many subscribers were seeing an average of 40% of their connection’s advertised speed. A more appropriate advertised speed will also prevent many BitTorrent clients from being setup for speeds they can’t actually achieve.

If you thought that such open minded, clearheaded and competent recommendations couldn’t have come from elected officials, well, the good news is they’re not all luddites. ApComms’s Joint-Chairman, Derek Wyatt MP was formerly Head of Programmes at WireTV, before becoming the director of BSkyB’s Computer Channel (later ‘.tv‘), leaving when he was elected to government. Other executives of apComms include a former BT researcher (Chris Mole MP), and Dr Nick Palmer MP, who has studied AI at MIT.

An extremely well-educated and technologically literate group making these recommendations should help carry some weight. Whether or not it will be enough to convince the Peter Mandelson’s and Sion Simon’s of the government, remains to be seen.

The full report is available here.

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45 Responses

1 Oct 17, 2009 at 14:34 by PirLog

Great New & Relief for people of UK.

2 Oct 17, 2009 at 14:37 by Tom Drake

…this from a guy that was kicked out of Government what 3 times?

Mandelson is a right dodgy f**ker who should be watched at every turn.

3 Oct 17, 2009 at 14:50 by Loonytoad Quack

“58. We conclude that much of the problem with illegal sharing of copyrighted material has been caused by the rightsholders, and the music industry in particular, being far too slow in getting their act together and making popular legal alternatives available.”

Hear, Hear.

4 Oct 17, 2009 at 14:52 by Anonymous

It is great to see policiticans speaking positively about the net from within the government. If you are reading this, thank you. You each carry a small but valuable pebble to build the road to a socially unified human society.

5 Oct 17, 2009 at 15:09 by Sendaii

@Tom Drake: Just about everyone in our government is a dodgy f**ker who should be watched at every turn. Glad to see that at least some of them have sense though.

6 Oct 17, 2009 at 15:46 by www.eZee.se

“…and we recommend that this approach to dealing with illegal file-sharing should not be further considered.”

Perfect, and to the point.

7 Oct 17, 2009 at 15:47 by weblamer

I LOVE the remark #58!

Hooray Britain! Lucky you are :)

8 Oct 17, 2009 at 15:48 by SplishSplash

Good to hear this! Also, very pleasing to see Ofcom being told to keep advertisers from suggesting speeds that aren’t even possible for some customers.

9 Oct 17, 2009 at 15:52 by Afficianado

An extremely well-educated and technologically literate group making these recommendations should help carry some weight.

What, you mean like in the way the UK government listened to their drug advisors?

10 Oct 17, 2009 at 15:54 by Xcel

Looks like some of them are starting to get a clue…now if only Hollywood did, perhaps they can buy one from Vanna white??

11 Oct 17, 2009 at 16:14 by Anonymous

Adding to ( comment. Like the goverment really listening to there commander in Afgan?

UK Government is a joke right now!

12 Oct 17, 2009 at 16:24 by Miau

Perfect! Seconding what #4 said: if you’re reading this, thank you.

13 Oct 17, 2009 at 17:23 by M-RES

@9 “What, you mean like in the way the UK government listened to their drug advisors?”

Add to that – you mean like in the way the UK government listened to the vast majority of their populace over invading Iraq?

You’re spot on of course. They don’t give a toss what ‘advisers’ tell them if it’s not what’s already been decided as policy. Mandy’s ‘dodgy dossier’ on p2p will already have been written. If they’re forced to drop it for now, you can be sure it’ll surface again and again in the future in much the same way as ID cards have done.

14 Oct 17, 2009 at 17:38 by anonymouse

this is very encouraging news for the uk, particularly the point raised that ‘the rightsholders, and the music industry in particular, being far too slow in getting their act together and making popular legal alternatives available’. i still think, however, that what will happen next is going to depend on the amount of money the ‘industries’ are prepared to offer to the necessary number of people to be able to get minds changed. it will also depend on whether the government decides to disregard the report and the views of the ordinary people and do what the hell they like anyway! keeping fingers etc crossed that common sense does prevail!

15 Oct 17, 2009 at 17:55 by DDM1355

It’s a shame that commitees like this have absolutely no power in the UK. They can offer “suggestions” that the Government isn’t obliged to follow in any way. They can just completely ignore what is suggested.

What fun it is to live in the UK!

16 Oct 17, 2009 at 17:56 by Toysoldier

Well … David Geffen is the man who was suing Neil Young for making “deliberately uncommercial” albums. I guess that says it all. No wonder he want’s everyone off the internet so he can control distribution and more or less charge what he wants.

NO .. I’m not a Neil Young fan in any way, shape or form !!!!!

17 Oct 17, 2009 at 17:59 by Dan

“If they’re forced to drop it for now, you can be sure it’ll surface again and again in the future”

True mate, they’ll keep pushing till they get what they want.
Still, its good to see people in the government that are doing there jobs for once :D

18 Oct 17, 2009 at 18:22 by Anonymous

good now its time for maderson to be charged with crimes aginst humanity and lock up for the rest of his greed life.

19 Oct 17, 2009 at 18:23 by Zush

Here comes the sun.

20 Oct 17, 2009 at 18:52 by Pook

Could someone explain to me how Peter Mandelson is in a position of power that enables him to try to pass laws without being elected? From the wiki it seems he is a cabinet minister but not an MP how is that even possible…did they do away with that old fashioned democracy thing after all?

21 Oct 17, 2009 at 19:26 by Anon

#20

AFAIK the UK democracy features both publicly chosen politicians and some other ones that are not chosen. http://en.wikipedia.org/wiki/Politics_of_England#England_in_the_Parliament_of_the_United_Kingdom

22 Oct 17, 2009 at 19:28 by Anon again

But this guy is an elected politician.

http://en.wikipedia.org/wiki/Peter_Mandelson

23 Oct 17, 2009 at 20:05 by a signifigantly more reasoned mind

in your face reasoned mind

“58. We conclude that much of the problem with illegal sharing of copyrighted material has been caused by the rightsholders, and the music industry in particular, being far too slow in getting their act together and making popular legal alternatives available.”

*throws a pizza crust at reasoned mind*

24 Oct 17, 2009 at 20:49 by Simplex

great to hear. Now lets see them carry through with some of these recommendations. ;)

25 Oct 17, 2009 at 21:14 by Bobe-On (TF Adverts)

To the TF advertisers:

-I usually prefer the ‘before’ pictures. ;)

-Nice logos.

-Cute blond t-shirt chick with funny expressions on face

On topic:

Yay!
Hey!
Go Uk!
Net Neutrality
All The Way!

(shrug)
It’s a slow opinion day.

*finds pizza crust on floor, picks up, sniffs, takes a bite*

26 Oct 17, 2009 at 23:56 by ahaha

Screw you Mandy. How many times did u leave office & “Return”?

You & Brown were never elected so shove it up ya arse.

You are whats wrong with politicians, you are one corrupt mofo.

U Fail… Just like Labour.

/sry 4 rant.

27 Oct 18, 2009 at 00:26 by Afficianado

@9 “What, you mean like in the way the UK government listened to their drug advisors?”

Add to that – you mean like in the way the UK government listened to the vast majority of their populace over invading Iraq?

Bit different, the populace was not an elected body, the ACMD was, and despite their academically qualified findings, the government chose to ignore the report in order to further it’s own agenda.

28 Oct 18, 2009 at 00:44 by Afficianado

sorry, @13; M-RES I meant to agree with your well written riposte, you are correct the government decides a stance, commission’s an expensive survey and if it doesn’t fit in with their politic, sidelines it.

29 Oct 18, 2009 at 01:18 by Lothor The Evil

Darth Mandy? That figures. The anti-pirates are Sith Lords working for the Dark Side.

30 Oct 18, 2009 at 02:35 by Viktor Huliganov

The problem is that Lord Mandy sees himself as precisely that – a feudal lord. He has no serfs, though, so he takes it out on surfERs, instead! He allegedly likes coq, and so he is trying to put us all into penile surfitude.

31 Oct 18, 2009 at 07:22 by FrostyC

Not a Britfag, but I must say, this is very win.

32 Oct 18, 2009 at 10:02 by Anonymous

@FrostyC

“Not a Britfag, but I must say, this is very win.”

Just a fag then.

33 Oct 18, 2009 at 10:19 by Viktor Huliganov

A Britfag would be a cigarette, but all he smokes is coq au vin, or in the back of a car, he’s not fussy.

34 Oct 18, 2009 at 10:24 by outlaw

but what will David Camron &co do ???. Join the UK Pirate Party

35 Oct 18, 2009 at 12:59 by Reasoned Revolutionary

“Lord” Mandelson? who the fuck is this Lord anyway? we peasants should feed him and his enterprise (and the ones of his peers, too)?

36 Oct 18, 2009 at 16:30 by Cordelia

Nice one, “All Party Parliamentary Communications Group”

The “three strikes” policy was totally unworthy of a country that is too sensitive to even have a national ID card (you practically never need to show an ID in the UK).

37 Oct 18, 2009 at 17:04 by TorrentzBeak

Just wait til Cameron and his Lord Snooty colleagues get in, Draconian wont even enter into it. If you think Mandy is sucking up, Cameron & Osbourne will be in bed with Big Business against the little Guy. Fines and prison will be in order, no just ACS:Law and three strikes. It’ll be one strike and banned permanently, 6 months prison and about £5,000 fine

38 Oct 18, 2009 at 19:14 by Bobe-On (Pomped)

Our ex-Canadian “communications lord” is in prison.
Doing the pompous ceremonial waggle dance for all the hard-on prisoners perhaps.

Remember him? The guy that ostensibly renounced his Canadian citizenship to waggle in some country club, and then wanted his citizenship back? WTF?

What’s this lord crap anyway? Some kind of members-only pomp and ceremony-fetishists country club?

39 Oct 18, 2009 at 19:20 by Bobe-On (Posting too fast)

…”Pontius Pilate came to our town
Up to the dockyards to see the
picket line
We asked him to help but he just
turned around
He’s the leader of the union now
Leader of the union
All of our questions he ignored
He washed his hands and he
dreamed of his reward
A seat in the House of Lords…”

From One by One,
by Chumbawamba

40 Oct 18, 2009 at 21:07 by Cordelia

The best possible outcome was if the European parliament could pass some legislation that makes it illegal to spy on peoples online habits without a court order and suspicious of a serious crime.

That would essentially legalise torrenting across Europe since no evidence of copyright infringement could stand up in court.

41 Oct 18, 2009 at 21:40 by Ninja

Please, copy that everywhere. Print it on your T-shirts, send letters to MAFIAA with that..

“58. We conclude that much of the problem with illegal sharing of copyrighted material has been caused by the rightsholders, and the music industry in particular, being far too slow in getting their act together and making popular legal alternatives available.”

The industry, MAFIAA and merry friends FAIL. And now it is officially recognized they FAIL.

ROFL

42 Oct 18, 2009 at 22:41 by Encore666

@23 you took the words right out of my mouth dude!

Let’s see RIAAsoned mind and his pal neo.shite wiggle their way out of this one! You douchebags are on the loosing side of Monkey Island!

When the revolution comes, you’ll be first up against the wall! Bwahaha!

Aaaarh! Avast mateys, all together now we be singing a shanty for our wee scurvy trolls: “Yo-Ho Yo-Ho And Pirate Life For Thee!”

43 Oct 19, 2009 at 04:50 by fight_the_tyranny

While I applause the conclusions of this consultation, it’s unlikely the government will even acknowledge it. Most of the top politicians across all parties are involved in systematic bribery with the big media cartels (especially mandelson). Britain needs a revolution to rid itself of these anachronistic and endemically corrupt systems of governance.

44 Oct 19, 2009 at 14:00 by GG

at the moment the UK electorate have their politicians by the proveriable bollocks over their expenses scandal and bailing out the Banking bastards, they are all up for re-election in an a general election soon, there is no way they are going to alienate the public any further, but wait until after the next GE, especially if the conservatives get in (which is widely expected)and we’ll see if it remains so, the party of business, the tory’s, will bend over for IP protection

45 Oct 20, 2009 at 04:28 by max davis

recent quote…….. “So, it is the government that should help fix this mess on behalf of creators of copyrighted materials which is protected by the Constitution of the U.S. Although our government may have missed this opportunity via the “first edition” Internet they can get it right this time with the “second edition” Internet – Mobile Networks. After all, in time there will be many more Internet transactions done via mobile networks and devices than tethered Internet transactions. Now’s the time to put these measures in place. Can we get some help? DataRevenue.Org has been unsupported in these efforts and its about time we reached out for help from those that are about actions beyond words. Can you hear us now?”

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