Web big hitters want Clause 17 of Digital Economy Bill struck out

We’re all used to UK ISPs rounding on upcoming legislation designed to lay the foundations of a Digital Britain – but now some even bigger web businesses are getting in on the act. Google, Facebook, Yahoo and eBay are all calling for the Government to abandon Clause 17 of its Digital Economy Bill, which it’s argued could give dark Lord Peter Mandelson – or any future Secretary of State – unwarrantable powers to change British copyright law.

Following the second reading of the Digital Economy Bill this week, a letter was issued, signed off by the following figures from the upper echelons of the web 2.0 world:

• Sarah Hunter, who’s the UK Policy Manager at Google
• Richard Allan, the Director of Policy for Facebook in Europe
• Emma Ascroft, Director, Public & Social Policy, Yahoo! UK & Ireland
• Alasdair McGowan, Head of Public Affairs, eBay UK

They’ve banded together to “urge you to remove Clause 17 from the bill,” with the “you” in question being – you guessed it – Peter Mandelson. The fruits of their collaboration is quoted at length below:-

Dear Lord Mandelson,

As the providers of online services used by millions of people in the UK, we are enthusiastic supporters of the impressive ambitions set out in the Digital Britain report.

As the Digital Economy Bill has its Second Reading in the House of Lords today, we want to express our grave concerns regarding the inclusion of measures which risk stifling innovation and damaging the Government’s vision for a Digital Britain.

We strongly share the Government’s belief that an open Internet available to all and offering consumers the broadest range of innovative services brings huge social and economic benefits. We support measures to ensure this common goal. We are also convinced that the value of copyright will help unlock the potential for Digital Britain. Our companies play an active role in adapting content distribution models to the online environment and partner with providers, including the music and film sectors. A shared respect for copyright is, of course, key.

We fear, however, that the unexpected new clauses of the Digital Economy Bill will hinder, rather than contribute to, the Government’s vision. In particular, 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 – opens the way for arbitrary measures. This power could be used, for example, to introduce additional technical measures or increase monitoring of user data even where no illegal practice has taken place [Samknows italics]. This would discourage innovation, impose unnecessary costs, potentially unsettling the careful balance of responsibilities for enabling market change which Lord Carter outlined in the Digital Britain report.

This clause is so wide that it could put at risk legitimate consumer use of current technology as well as future developments. We all acknowledge that new business models need to emerge to support creative content. They are inherently risky and entrepreneurs rely heavily on there being a consistent and stable approach to copyright enforcement. This clause would inject an unprecedented level of uncertainty in this regard.

The industry as a whole had hoped that the outcome of Digital Britain would be a clear, workable set of principles by which the industry could operate. On the contrary, Clause 17 creates uncertainty for consumers and businesses and puts at risk the UK’s leading position in a digital Europe.

Since Lord Mandelson took over the stewardship of part of the Digital Britain project he seems to be inadvertently – and somewhat single-handedly – bringing back the almost forgotten art of letter writing. With this being the YouTube era, some are even taking letter composition very literally. Take Dan Bull, for example.

And all this is happening while one academic expert – the University of Southampton’s Professor of Computer Science, Dame Wendy Hall – is claiming that the Digital Britain plans currently in the offing lack vision. While she’s talking about the potential limitations of a 2Mbit/s Universal Service Commitment for the country, it appears that there is certainly no lack of Government vision when it comes to inspiring the incredulous responses of everyone from, say, the humble Facebook user all the way up to the mighty European Facebook chief. But of course Facebook, Google, Yahoo and eBay can afford more than letters – and certainly lobbyists are as much within their financial remit as they are that of anyone else. That might give Mandelson and company Clause for thought.

Tags: Clause 17, Dan Bull, Digital Britain, Digital Economy Bill, eBay, Facebook, Google, Peter Mandelson, Yahoo