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Who wants to restrict the internet and how?

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OK can everybody hear me right I'm going to begin with this session now and my name is monica Walton I'm from the University of Westminster in London and I'm a PhD student at the university and just 2 days ago and completed the 1st draft of my entire phd old 286 and I'm going to be thinking about the EU Telecoms Package here wants to restrict the internet and help the EU Telecoms Package and 3 strike after media it will be journey is an amount of liquidity Internet in France and he will tell you more about himself in a moment service the telecoms package and 3 strikes I think there are 2 conversations going on which are quite different there's a conversation we're having here at Republican and there is a political the conversation at Republican is about the open Internet it's about innovation based on freedom of access freedom to use web applications people are excited about new ways of doing things online we assume that it must be that way and that what it will always stay that's where the political conversation is quite different the political conversation is about how to block the internet I myself was quite shocked last week when I watched the the British Parliament debating the conditions under which websites could be blocked why would the politicians want to
block the internet if this is not such a driver of innovation surely that's a good thing while there are several reasons in Germany as I'm sure you will know it's about protecting children in China it's about political censorship in the UK and France it's about copyright enforcement they want to lock your access to copyrighted music and entertainment files to stop them being played shared reworked and you In presentation of such as this woman can work but it's not and what there was a piece of music that you were supposed to very briefly here at this point but the technology has failed me same reason anyway the but it would be absolutely I'm an unlicensed as again anyway I what was talking about here right can everybody out that was the point at the at what was talking about here is this system known as it 3 strikes or graduated response broadly speaking this is a system of warnings sent to Internet users the mornings will be looked to be delivered by the rights holders who represent what the entertainment industries and will be sent to the the broadband provider in 1 pass them on to you after a certain number of warnings broadband provider can be asked to punish you that punishment may be that you are cut off the internet or it may be something else that they can think of 3 strikes as the cars it's often considered you get 2 warnings before you and what does the European
Union have to say about this well the
political conversation in the EU happened in the context of something called the telecoms package in German it's the dealer complicates the telecoms package is a big piece of legislation it is a review of the commercial arrangements between the network operators that is it's about how Deutsche Telekom deals with Vodaphone for example it also reviews how the network operators to deal with you when I ask consumers it's about you all contract with Georgia telecom your individual relationship with Vodaphone that's you took place between 2007 and 2009 and ended on the 4th of November of last year now into this telecoms package lobbyist inserted provisions which would support 3 strikes I'm going to review 3 of these provisions now and I'm going to look at the final outcome of the telecoms package and present you with 1 or 2 conclusions that we might be able to draw the 1st thing that the lobbyists wanted was a general obligation for the broadband providers to enforce copyright and to work with the rights holders to do that enforcement this is the so-called cooperation amendment of cooperation provisions in German it is the sum in our fight and of course the text in German here and so in English it's national regulation authorities may promote cooperation between the undertakings providing electronic communications services that is very Birch Telecom and so on and all other sectors interested in the promotion of lawful content which is broadly the entertainment industry companies like Disney or the or the next thing they did was they such is an obligation for the broadband providers to tell you in your contract about the restrictions to the survey now language here is a little bit strange in English it's conditions limiting access to and or use of services and applications in German using here it's common in often to will order the nodes and fond the instant 1 and then now what exactly does that mean well 1 condition limiting your access to or your use of the service could be that if you infringe copyright through your Service broadband provider is entitled to cut off your I'm not the conditions limiting that they might put on is that the provider may stop you from accessing sites which are alleged to contain infringing content the 3rd variance provision
says that this directive neither mandate nor prohibit conditions limiting users access to annoy use of services so in German desolvation union fought in Vietnam fund unbeaten and the in our new without reading it all the rest in context indeed Fontaneda Denzel gone so order the nodes and find the 2nd 1 and the other and they don't do it the notes that I trying can not said the it is easy use that's the important text there so basically the EU is saying that Member States government like the German government or whoever does not have to do it they don't have to impose any restrictions through the log but it is open for them to do it and government such as the UK and France are doing it this text does also have implications by the way other than con of copyrighted content which I believe Jeremy uh will be addressing now the European Parliament
wasn't entirely happy about these provisions and some of you will know about the famous Amendment 1 3 8 which wanted to impose a prior judicial rulings now that would have meant that the entertainment industries would have had to get the court ruling which they would then passed to the broadband provider the broadband provider would only be able to cut you off if they received notice that there was a court ruling against you now another 1 3 8 1 half then neutered or we can these other provisions that we have just seen in the package it didn't survive partly for legal technical reasons but the European Parliament did want to preserve that principle and this is very well some of the text and this text again is a little complicated it's not entirely clear but when it does say is where governments or introducing legislation which is liable to restrict a fundamental rights and that is understood to mean 3 strikes legislation in particular any measures to restrict your access must be appropriate proportionate and necessary within a democratic society the implementation must comply with the European convention on Human rights you must have effective judicial protection due process and this is trying to describe a court process and it's arguable whether it really does or doesn't and how far it goes back the intended to do and respect for the principle of the the presumption of innocence and the right to privacy so they wanted to preserve the principle that you are presumed innocent until a court has proved you not to be and it is to be a prior fair and impartial procedure a procedure imposed before the sanctions given now
why is this important I just want to put forward
a few thoughts here for you about what this actually means and what what does the telecoms package as we have it now on the 1 hand with these provisions where broadband providers and governments may impose restrictions on the internet and on the other hand this kind of caveat that you have to go through some kind of core process what does that mean this scenario where the big entertainment corporations want to restrict your access to the internet they want the state to authorize a punishment for you if you infringe copyright but 3 strikes as they propose it is arguably private justice the rights holders accused the broadband provider implements the it will be automated the whole point of 3 strikes is that millions of people of file-sharing there's an AFP figure around it's a 6 million people in the UK infringe copyright through file-sharing whether or not that's true there were millions of people they want to go after they cannot do this any other way except through automation and we had in the previous session about deep packet inspection of some of the possibilities that it also is a system which assumes that you are guilty and it is dependent on the implementation of whether or not you have any right to appeal to for your case to be heard in in white on the other hand the principles of the EU legal system as the hamster tell now are you do have a right to be heard if you are accused of a crime you are presumed innocent until you are proven guilty and only if you are proven guilty is a punishment given to you and it seems to me just to conclude that we have 2 conversations going on here or sorry just as we had the 2 conversations going on about the internet we also have 2 systems of justice being proposed what is the established system of justice where the presumption of innocence is paramount and the other is an automated private system to support the entertainment industry and the point that I would like to make is to show you just how easily this switch can be made by making some very small adjustments to communications law the and does anybody have any
questions immediately otherwise Germany will speak and then you will have take questions together afterwards I was just wondering you said in the in the number package texts as they may cooperate in the legal authorities with the Internet providers I mean they can cooperate anyway what what the change
changing things their right they may be whole um this to the points you've got the 1 is the technical legal language and name means it is optional if it said it stochastic originally said shell and shall would meet would have meant that every EU government would have to know that's where most the energy has made really we
to it's up to the government but if the star the government control of the Member State government can choose and whether or not but the point is that this is in the law and that's what the rights holders what's so the rights holders can then goes to government to many of you may or may not worry about the difference between shall they little if they have posted their lawyers that they should consider this confronted difference with a with a look at what happened in Britain and France and decide on that that's what the rights holders of again and took there and then from here and foreseeing instances where some cases might sort of right before the ECHO and it was referenced in the article and it it's it's questionable lending its effect on it certainly could be the case if someone can bring case but it takes somebody with the will and money to bring a case but I just find it questionable that someone who would be able to make a case the rest that the fundamental human rights being really breach by not being able to access the internet and the rest of the world what is that you are in Europe and all I don't represent everyone there's apart from some of them have been yeah i think ok Jeremy's presentation I think is going to do fundamental rights issues but the issues that I'm concerned that is not what you just 1 . 0 sorry yes it's not whether you can justify file-sharing age it's about restriction of access so that the the restrictions to support these industries will have other consequences for restricting all the things said that that is really the point where it where you have the the human rights aspects under the of freedom of the expression that point is that I can't help it yeah hi I'm Edward has broken with the National Writers Union in the United States and 1 of the cats and I wanted to draw a distinction between 2 terms which you used somewhat interchangeably the entertainment or publishing industry and the rights holders because the reality as as as groups like the Writers Union and other creators groups have been pressing against those publishers is that frequently those who were asserting copyright claims against downloaders and the public are not the rights holders they're making false claims their copyright thieves who never licensed the relevant rights from the actual rights holders who remain the creators the writers and musicians and so I think it would be a mistake for the public to either accept uncritically the claims of these publishing companies to actually be the rights holders or to smear with the same brush the creators whose common enemy is often the publicist publishers who are stealing these copyrights claiming rights they didn't don't have didn't pay for it and then prosecuting these bogus claims against public mn fee OK and if there are no more questions on German thank you


Formale Metadaten

Titel Who wants to restrict the internet and how?
Serientitel re:publica 2010
Teil 5
Anzahl der Teile 60
Autor Horten, Monica
Lizenz CC-Namensnennung - Weitergabe unter gleichen Bedingungen 3.0 Deutschland:
Sie dürfen das Werk bzw. den Inhalt zu jedem legalen Zweck nutzen, verändern und in unveränderter oder veränderter Form vervielfältigen, verbreiten und öffentlich zugänglich machen, sofern Sie den Namen des Autors/Rechteinhabers in der von ihm festgelegten Weise nennen und das Werk bzw. diesen Inhalt auch in veränderter Form nur unter den Bedingungen dieser Lizenz weitergeben.
DOI 10.5446/20935
Herausgeber re:publica
Erscheinungsjahr 2010
Sprache Englisch

Inhaltliche Metadaten

Fachgebiet Informatik
Abstract Copyright enforcement measures to address the Internet have many implications for users. It’s not just about cutting people off, such as the so-called “3-strikes”. Depending on how the measures are constructed, they could means other kinds of restrictions on the Internet as well. In Europe, Members of the European Parliament in Brussels and many European citizens, were taken by surprise when amendments enabling “3-strikes” mysteriously found their way into a review of telecoms law. The review, known as the Telecoms Package, went into EU law at the end of 2009. The question for Internet users is whether the Telecoms Package will prevent or permit 3-strikes. And what else will it allow? What is the relationship between copyright and the Internet? This presentation will discuss these questions, drawing on my PhD research.

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