Proxies and the Law

In light of the pass­ing of the Dig­i­tal Econ­omy Bill, and Ben Bradshaw’s intent to push for gov­ern­ment power to force ISPs to block sites that are “likely” to be used for copy­right infringe­ment, the gov­ern­ment could in a few months’ time demand that ISPs block access to the likes of Wik­ileaks, The Pirate Bay and Rapid­share, all sites that have per­fectly legal uses. And I’m sure it can’t be long before the gov­ern­ment and the IWF together have a go at 4chan.

A few ques­tions for any inter­net lawyer-types out there:

  1. Is it legal for a UK cit­i­zen to set up and main­tain a pri­vate, secure proxy server in another country?
  2. If ISPs in the UK are instructed to block a site, is it legal or ille­gal for a UK cit­i­zen to access that site via an over­seas proxy?
  3. If it is ille­gal, would the fact that the Briton runs and uses an over­seas proxy ‘rea­son­able cause’ for them to be inves­ti­gated in any way?
  4. Would the server admin be legally obliged to keep logs for the proxy server in case such an inves­ti­ga­tion took place? (And does this depend on UK law or the law of the coun­try where the server is located?)
  5. Can a court or police war­rant require the server admin to dis­close pass­words, encryp­tion keys or logs?

For ref­er­ence, I’m merely inter­ested in the answers to these ques­tions — I’m not nec­es­sar­ily con­sid­er­ing doing this, par­tic­u­larly not if it does turn out to be illegal.

Welcome to the New Digital Economy

Despite its spon­sor­ship by a twice-disgraced and unelected politi­cian, despite the fact that it was trans­par­ently lob­bied for by com­pa­nies rep­re­sent­ing the record labels, despite it car­ry­ing dis­pro­por­tion­ate pun­ish­ments for file-sharers, despite it seek­ing to under­mine the work of con­tent cre­ators, despite a promise to oppose it from the Lib Dems, still the Dig­i­tal Econ­omy Bill passed through the Houses of Parliament.

In the end it became not even a mat­ter of the con­tent of the bill itself, but of its inclu­sion of in the out­go­ing government’s “wash-up” process that would allow it to be passed with­out proper scrutiny by the House. Surely a bill with so many far-reaching impli­ca­tions should be treated to the proper debate it deserves? But no.

Organ­i­sa­tions such as the Open Rights Group and 38degrees have cam­paigned long and hard. 20,000 peo­ple wrote to their MPs ask­ing them to demand that the Dig­i­tal Econ­omy Bill get proper scrutiny, and hun­dreds made phone calls. There were protests in the streets in West­min­ster. 38degrees asked for £10,000 to pay for adver­tis­ing, so that “on the day of the vote they’ll see our oppo­si­tion over their corn­flakes, on their way into work and over tea in Par­lia­ment”. They raised more than dou­ble that fig­ure in two days.

How many MPs turned up to the sec­ond hear­ing last night to vote on whether this cru­cial piece of leg­is­la­tion is allowed to pro­ceed? About thirty. Tonight, for the third hear­ing? Maybe forty. Uses of #debill on Twit­ter were run­ning above 1 a sec­ond; we were hav­ing much more of a debate than the House was.

Some good argu­ments were put for­ward by those that did see fit to turn up, rais­ing hopes that the assem­bled MPs might realise how flawed the bill really is. Tom Wat­son deserves par­tic­u­lar credit, but even John Red­wood expressed his reser­va­tions about push­ing the Dig­i­tal Econ­omy Bill through.

But in the end, that’s what it came down to. Maybe ten of the 50 clauses in the bill received any kind of debate what­so­ever, the rest were blazed through in five min­utes by a com­bi­na­tion of John Bercow and some doubt­less super-strength cof­fee. Some things went our way — par­tic­u­larly the loss of the con­tro­ver­sial ‘orphan works’ clause, clause 43.

The House went off to vote on whether to accept the bill on its third read­ing, and though the major­ity of those actu­ally present at the debate seemed in oppo­si­tion to it, the final tally stood at 189 Ayes, 47 Nays. 189?! Where did they come from? Oh, right, the bar.

Just as we expected and feared, the gov­ern­ment waited until the wash-up to put this bill before Par­lia­ment so that it would receive as lit­tle debate and as few amend­ments as pos­si­ble before being pushed through by a horde of MPs who didn’t even care enough to sit in on the debate.

We failed.

But what more could we have done? I don’t recall as great a pub­lic demon­stra­tion of oppo­si­tion to a sin­gle bill since fox-hunting, and yet still we have had vir­tu­ally no impact on its progress. Must we sim­ply accept that, hav­ing voted for our MPs in an elec­tion, we can have no real effect on them for the next five years; these peo­ple who sup­pos­edly rep­re­sent our views? Do they just set­tle in for five years of rep­re­sent­ing the views of the party Whips instead?

Well that’s that, I guess. Leave your tor­rent client at the door, and grab as much of Wik­ileaks and Rapid­share as you can before the gov­ern­ment realises it now has the power to block them. Wel­come to Man­del­son and Murdoch’s Dig­i­tal Economy.

Reply from MP to “Please Demand Debate on the Digital Economy Bill”

This is my MP, Sir John Butterfill’s (Con­ser­v­a­tive, Bournemouth West), response to this e-mail.

Dear Mr Renton,


Thank you for your email about the Dig­i­tal Econ­omy Bill.


I note the var­i­ous con­cerns you have expressed which are shared by the Con­ser­v­a­tive Party and can assure you that the Con­ser­v­a­tive spokesman for Cul­ture, Media and Sport has taken them up with the Gov­ern­ment. The Gov­ern­ment have said that they will bring for­ward some changes for the Report Stage of the Bill and we shall be exam­in­ing them closely to ensure that they address these concerns.


My Party and I are keen to move amend­ments that address the prob­lem of peo­ple strip­ping out iden­ti­fy­ing infor­ma­tion from a dig­i­tal image. We want to clamp down on this and ensure that the Bill does not encour­age such activ­i­ties. We also want to see in the leg­is­la­tion spe­cific require­ments for a search for the rights holder and a sys­tem in place if that rights holder comes for­ward at a later date. In no way should this Bill actu­ally harm con­tent creators.


I am very hope­ful that we can get this right, as sort­ing out the cur­rent sys­tem will unlock a whole host of con­tent that can be used for the pub­lic good. I really believe that the BBC and British Library archives for instance will be much eas­ier to access under these proposals.


Yours sin­cerely,


John But­ter­fill

E-mail to MP: Please Demand Debate on the Digital Economy Bill

This e-mail was sent to Sir John But­ter­fill MP (Con­ser­v­a­tive, Bournemouth West) on 17th March 2010. Read his reply here.

Dear Sir John Butterfill,


Since a num­ber of web­sites have pushed the issue of late, I’m sure I’m not the only con­stituent writ­ing to you about this, but nev­er­the­less I am writ­ing to you to reg­is­ter my con­cerns regard­ing the Dig­i­tal Econ­omy Bill.


The con­tents of the bill worry me on many lev­els, from the pos­si­bil­ity of dis­con­nect­ing inno­cent users from the Inter­net with­out proper inves­ti­ga­tion, to the tech­ni­cal chal­lenges that will be faced by the ISPs, the cost of which will nat­u­rally be passed on to their customers.


But regard­less of these issues, I am more alarmed at the pos­si­bil­ity that the Gov­ern­ment and Lord Man­del­son may be attempt­ing to force this bill through before Par­lia­ment is dis­solved prior to the elec­tion, with­out proper scrutiny and debate by the House.


I would like to know your and your Party’s views on the con­tent of the Dig­i­tal Econ­omy Bill, but more­over I would ask you to do all you can to ensure that this impor­tant and far-reaching bill gets the scrutiny it deserves rather than being forced through by a des­per­ate Government.


Yours Sin­cerely,


Ian Ren­ton