Copyright reform is not a joke
Yesterday was a good day for mischief-makers, for it saw an amendment in the law to permit the use of copyrighted material 'for the purposes of parody, caricature or pastiche' without having to first seek permission from the rights holder.
Indeed as if to celebrate, the infamous Cassetteboy released a (NSFW!) glorious mash-up as a homage to our dear PM in the form of Cameron's Conference Rap.
Given so much of the great British humour, it's bizarre to think that permissionless piss-taking has up to now been verboten. Tools like parody and caricature are part of our cultural heritage, used to make important political statements and hold the powerful to account just as much as they are employed for light relief. Nevertheless sketchwriters for the BBC and student drama societies alike have had think carefully about their work or else risk court action, whilst takedown and infringement notices litter the remix, remake channels of YouTube.
This exemption allows copyright law to better reflect people's actual habits and cultural opinions. It also lends intellectual property regimes a greater overall legitimacy, which could prove valuable when encouraging behavioural changes and in tackling issues like piracy.
It will enhance our cultural commons, thanks to the new (and newly-legitimized) avenues of expression and unleashed creativity. Lifting the restriction on social and commercial innovation will also yield economic benefits, with the government's Hargreaves Review suggesting that it could boost the economy by between £130-650m per annum.
Works will still be subject to the 'fair dealing' criteria, which only allows for a limited amount amount of a copyrighted material to be used. No doubt this will prove problematic at times- for example, do Downfall parodies involve only a limited amount of the original film? Copyright holders will still also be able to legally challenge a work for infringement, then requiring the artist to prove in court that their work is in fact actually side-splittingly hilarious or a devastating work of satire.
Depressingly, as insignificant as the exemption seems, it is one of the very few pieces of sensible copyright policy to emerge in recent years (and it still took the ORG 9 years of campaigning to achieve it). Modern copyright law is beyond a parody. It is overlong, over-broad, a drain on resources and a chill on innovation. It is no longer a vehicle to foster creativity, but a monster caused by rent-seeking and lobbying by vested interests. And the excessive, damaging ideas - from extending copyright further, to imposing harsher criminal sanctions on infringers and threatening search engines with anti-piracy legislation - continue.
There are a number ways in which we could radically reform copyright law whilst maintaining the commercial incentives to create (many of which are for another blog!) However, given the number of international agreements on intellectual property the UK is signed up to, the gradual expansion of 'fair dealing' exceptions (say, to cover all non-commercial uses of copyrighted work) could be the most politically viable way of reducing the deadweight loss caused by current copyright laws.
Even this seems like a long-shot though, particularly given how long it has taken to get such a reasonable exemption applied. Copyright laws might be a farce, but they certainly aren't very funny.
The People's Republic of South Norwood
South Norwood, the unassuming splodge in the London Borough of Croydon is no more. Long live the People's Republic of South Norwood! You may not have noticed, thanks to a concerted media blackout by The UK Establishment (though the WSJ did get wind), but last Friday was the day of the Great South Norwood Referendum and the dawn of a new Republic. Inspired by the Scottish Independence movement and frustrated by the disdain with which local government treats the area, local heroes The South Norwood Tourist Board held a (definitely absolutely legitimate and totally binding) referendum for the community: Should South Norwood remain with Croydon Council, unite with an Independent Scotland, or declare their independence? The public spoke, and voted to boot out their uncaring and overbearing masters to go it alone with a whopping 53% of the vote.
It's hardly surprising that the downtrodden population of South Norwood had enough of Croydon Council, who have simultaneously ignored pleas to clean up and invigorate the area, whilst clamping down on displays of frivolity and fun. Notoriously, head of the Council's Health and Safety outlawed plans for the community-led 'Lake Naming Ceremony', inspiring a crowd of revellers (and a gang of Morris Dancers) to hold an illegal event in subversive defiance. It will be written in history that the naming of Lake Conan Doyle sewed the seeds of secession.
Now that South Norwood has established its independence it faces a number of tough questions. What does this mean for its governance and security, its relationship with the UK, and its currency? Addressing these will be challenging, but there's every indication that an independent South Norwood could thrive.
At first glance South Norwood is remarkably unremarkable. Long overlooked by pretty much everybody, it is yet to benefit from the gentrification of neighbouring Crystal Palace or the massive regeneration of Croydon town centre. Yet, with its blossoming community spirit (galvanized by the tireless tourist board), more lakes than the lake district, and a country park grown on top of an old sewer farm, its potential is undeniably huge.
Clearly, it is for the people of South Norwood to decide what shape their Republic takes. But as an ex-resident and dear friend of the area, I’ve outlined a few of the topics they need to address, and give a few suggestions on how to achieve a radical, yet roaringly successful Republic:
The first issue to tackle is that of governance. How shall people be ruled, and how shall laws be made? Should, for example, The Republic have a head of State? A symbolic one may suffice, and Sir Arthur Conan Doyle (who apparently lived there for a bit) or Pickles the dog (who discovered the stolen FIFA World Cup in a bush) are good contenders. There's also Ray Burns a.k.a Captain Sensible of The Damned, who already has a community garden installed in his honour.
Perhaps the people of South Norwood will opt for a proportional electoral system: with a population of about 14,000, the area's certainly small enough to adopt a straightforward proportional model, although PR creates the risk that Winston McKenzie, organizer of the infamous UKIP diversity carnival could hold some power. Going further, some form of direct democracy might even be possible. Regardless, electoral architects could do far worse than to read Douglas Carswell's iDemocracy for some inspiration.
However, we know that democracy can be troublesome, and that most voters are often (quite rationally!) spectacularly ignorant on basic political issues. What if democracy's not actually the 'least worst' system? One alternative, particularly for a Republic of such size, would be sortition- the selection of decision-makers by lottery. With its roots in Athenian democracy and still used in Jury service today, those selected could wise up on facts for the duration of their term and make decisions based on what's actually best for the Republic, instead of shoring up votes and a political career. There are other, more elaborate alternatives (such as Moldbug's suggestion that governments should be based on the profit motive, with bureaucrats seeking to increase their profits by boosting the value of the land, thus making it a lovely place to live) - but why not just abolish all government and embrace a form of market anarchism? It probably wouldn't be worse than the system the South Norwooders left.
Another pressing issue The Republic must address is that of their currency: what should an independent South Norwood use? Clearly, South Norwood could unilaterally adopt the pound without the permission of the UK, just as the ASI has argued for Scotland. Should PRSN wish to tie itself to the economic fate of the UK, it could -literally- just keep on using the pound. However, South Norwood could also protect its own economy and shore up against demand-side recessions by allowing private Norwood Banks to hold reserves of GBP and issue their own notes on a fractional reserve basis, adjusting the supply of money in response to demand. (Again, the detail's in the report!)
Admittedly, that does seem a bit excessive. Another option would be for South Norwood to issue their own currency (perhaps the Norwood Crown). Down the road the Brixton Pound is well-established and well-liked; those behind it could certainly lend a hand with an eye-catching design and the logistics of issuance. And with the news that Brixton is also scheduled to hold a referendum on its independence, perhaps a currency union is on the cards.
Yet the people of South Norwood have already shown themselves to be a tech-savvy, forward-thinking bunch, as evidenced by their use of a high-tech, online voting mechanism . So why not make Bitcoin SE25's new currency? If the Assistant Governor of Australia's Central Bank thinks its good enough for Scotland, it's probably good enough for South Norwood. In fact, they could go one further, and join Iceland, Cyprus, the Oglala Laktota Nation and others in creating their own national cryptocurrency. If they act quickly, they could beat Ecuador in creating the first government- ordained digital currency.
South Norwooders could adopt any of these options. But why not do away with legal tender completely and embrace free banking: the great people and businesses of the area accepting whichever competing currencies and payment methods (what about interpretative dance?) they so choose.
Clearly the most exciting part of forming an independent territory is deciding the guiding principles and policies to pursue. Again, such matters should be decided by the citizens, but here are a few pointers:
South Norwood should get in touch with the organziations who’s raison d’etre is to look at how to achieve growth and political and economic innovation within small, autonomous communities. Some groups such as Charter Cities and Startup Cities aim to create refuges of experimentation within amenable host nations. Others, such as the Seasteading Institute work within a paradigm of complete territorial autonomy and independence. Politically neutral, all of them value radical ideas, economic progress and the freedom for individuals to join such communities and innovate.
Tips on running a successful Republic can also be gleaned from examining things like Legatum's Prosperity Index, Heritage's Index of Economic Freedom, the Index of Freedom in the World and the Tax Competitiveness Index. Countries topping these rankings have probably got a few ideas worth borrowing.
The Republic could also look at which UK laws most need a radical overhaul, and lead by example. Planning laws are a key example. Far too many houses in the area are left vacant and boarded up, yet could be put to good use. Similarly, perfectly useable patches of land lie tangled up in legal battles and the quest for planning permission, sprouting brambles and dirty mattresses in the meantime. Liberalizing planning laws would allow creative uses of neglected spaces whilst providing the area with an economic boost.
The Republic should also embrace an open borders policy, as research repeatedly shows that reducing barriers to migration benefits both migrants and the culture and finances of the host country. An open Republic which builds on its cosmopolitan roots would be a successful one.
I encourage The Republic to experiment with radical new ideas. It could scrap alcohol duty, revitalizing some of the area's more shabby-looking pubs. Or it could legalise the consumption and production of Marijuana, using taxes levied on it to fund social expenditure. From there the UK's confusing, intrusive and expensive welfare system could be replaced with some form of Minimum Income or Negative Income Tax. Deer could be introduced to every park. Uber could run the public transport. The possibilities are endless.
It really is a brave new world for the people of South Norwood. The Scots may wonder if this is an omen for the success of their own referendum, but it's unlikely: even free-thinking South Norwooders eschewed the offer of being part of an independent Scotland. This is perhaps a shame, given the ASI's prior work on forging a union between Scotland and other countries seeking freedom from illiberal control.
Nevertheless, the prospect that Croydon Council refuses to accept the secession and continues to 'rule' its (ex)citizens with an iron fist is very real.
I wish all the best for The People's Republic of South Norwood. But whatever the outcome of their independence, it's good to note, on the eve of an even bigger, game-changing referendum, the diversity and breadth of untested policies and fresh ideas out there - and how many of these could make countries, communities and individuals happier, richer, more successful and freer.
Sir Paul Nurse has finally decided to fire Paul Ehrlich from the Royal Society
We have to say that we're not quite sure whether "fire" is quite the right verb for getting rid of a Fellow of the Royal Society. But given the manner in which Paul Ehrlich has been wrong in every single prediction he's ever made about human beings, population levels, wealth, the economy or the environment it is about time that Britain's leading scientific organisation dispensed with his services. So we can only say Hurrah! to this statement from Sir Paul Nurse, the leader of that most prestigious of Britain's scientific organisations:
Britain's most senior scientist has launched a fierce attack on influential figures who distort scientific evidence to support their own political, religious or ideological agendas.
The president of the Royal Society, Sir Paul Nurse, said scientists must challenge serial offenders from all spheres of life who continually misused science to support their preconceived beliefs.
Speaking ahead of an inaugural speech he will give next week as the incoming president of the British Science Association (BSA), Nurse said it was not enough for scientists to sit on the sidelines and sneer when public figures expounded unscientific nonsense.
Quite right too and we might even add to that Hurrah! with a "Well done Sir Paul" and even an "about time too".
We could mutter something about why on earth was he there in the first place, possibly even grumble about it taking so long to do the right thing, but as the Good Book tells us more joy in heaven over one sinner that repenteth etc. So we should simply rejoice.
Maybe Karl and Friedrich were right about this Produktionsverhältnisse?
Karl Marx and Friedrich Engels introduced us to the idea of Produktionsverhältnisse, the thought that social relations are determined (or, in a weaker form, influenced by) the methods of production. They did mean it to cover all parts of life too, the way we work, the way we marry, the way we trade and so on. All of which leads to an interest in this:
Women who have several sexual partners before getting married have less happy marriages - but men do no harm by playing the field,a study has found.According to new research by the National Marriage Project, more than half of married women who had only ever slept with their future husband felt highly satisfied in their marriage.
But that percentage dropped to 42 per cent once the woman had had pre-marital sex with at least two partners. It dropped to 22 per cent for those with ten or more partners.
But, for men, the number of partners a man they appeared to have no bearing on how satisfied they felt within a marriage.
Researchers said the study showed that sex with many different partners 'may be risky' if the woman is in search of a high-quality marriage.
It concluded: 'Remember that what you do before you say 'I do' seems to have a notable impact on your marital future. So decide wisely.'
The findings were published in 'Before 'I Do': What Do Premarital Experiences Have to Do with Marital Quality Among Today’s Young Adults?', published at the University of Virginia.
Well, yes, there's more than a modicum of special pleading going on in that. One explanation for it all is that the more experience of men a woman has the more she realises that most aren't very good at this sex thing, leading to possible unhappiness with the Chosen One.
Being less cynical (and possibly less amusing) about it though it is true that one of the great societal changes of the last couple of generations has been the change in attitude towards virginity, pre-marital sex and so on. And that's where Mark and Engels might well have been right: for the technology surrounding reproduction has changed in that time period too.
Time was when the only reliable method of knowing that a man was bringing up his own children was if his wife had been a virgin at marriage and chaste since then (no, not celibate, obviously). These days that's simply not true: and the reference is not to DNA testing. Effective and reliable contraception has meant that, by and large, pregnancies are the result of an active decision. Thus that value of virginity and or chastity has fallen.
This is all allied with Gary Becker's work on why the wages of prostitution are so high: it's not, at root, a highly skilled job after all. But it does involve a high expenditure of social capital: thus the wages to compensate for that.
In a world where highly desirable men would insist upon having virgin wives then virginity had a high value. In a world where this is not so, for virginity is no longer the only valid assurance of not being pregnant by another, the value of that virginity has fallen.
And we can most certainly see this as being true in the society around us. Outside certain highly religious groups there simply is no value placed upon the virginity of a woman of marriageable age (something that has risen by about a decade as well).
So we might well say that the change in the technology of reproduction has led to those changes in social relations. Which would be interesting, to find something that the Bearded Ones were actually correct about.
This is not certain though, not certain that we've identified the correct technology. For the rise in pre-marital sex didn't actually start with the pill, in the sixties. Rather, in the fifties, with the ability of penicillin to cure the clap. Which might make slightly more sense: human beings, young human beings especially, are known to be subject to hyperbolic discounting. Knowing that a horrible disease can be cured near immediately might well have more effect on behaviour than a longer term concern of the quality of a future marriage partner.
Liberalism Unrelinquished: An interview with Dan Klein
Liberalism Unrelinquished (LU), is a new project by Prof Daniel Klein and Kevin Frei which aims to reclaim the word 'liberal' from those people who want to 'governmentalize' social affairs. So far it has been signed by around 350 people, including Alan Macfarlane, Charles Murray, Deirdre McCloskey, Richard Epstein, and Alan Charles Kors — as well as several members of the ASI. Dan spoke at the ASI back in 2012 on“Mere Libertarianism”, his synthesis of Hayekian and Rothbardian strands of libertarianism. I reviewed his rather excellent book Knowledge and Coordination here. I spoke to Dan about his new project. Bio: Daniel Klein is a professor of economics at George Mason University (where he leads a program in Adam Smith), the JIN Chair at the Mercatus Center at GMU, a fellow of the Ratio Institute in Stockholm, editor of Econ Journal Watch, and the author of Knowledge and Coordination: A Liberal Interpretation(Oxford University Press, 2012).
What is Liberalism Unrelinquished (LU)?
LU is a declaration of no surrender on the word liberal. The 250-word Statement is as follows:
In the 17th and 18th centuries there was an ascendant cultural outlook that may be termed the liberal outlook. It was best represented by the Scottish enlightenment, especially Adam Smith, and it flowed into a liberal era, which came to be represented politically by people like Richard Cobden, William Gladstone, and John Bright. The liberal outlook revolved around a number of central terms (in English-language discourse, the context of the semantic issue that concerns us).
Especially from 1880 there began an undoing of the meaning of the central terms, among them the word liberal. The tendency of the trends of the past 130 years has been toward the governmentalization of social affairs. The tendency exploded during the First World War, the Interwar Years, and the Second World War. After the Second World War the most extreme forms of governmentalization were pushed back and there have since been movements against the governmentalization trend. But by no means has the original liberal outlook been restored to its earlier cultural standing. The semantic catastrophes of the period 1880-1940 persist, and today, amidst the confusion of tongues, governmentalization continues to hold its ground and even creep forward. For the term liberal, in particular, it is especially in the United States and Canada that the term is used in ways to which we take exception.
We the undersigned affirm the original arc of liberalism, and the intention not to relinquish the term liberal to the trends, semantic and institutional, toward the governmentalization of social affairs.
Thus far, about 350 people have signed the statement.
You speak of "governmentalization." What’s that?
“Governmentalization” captures things beyond interventionist restrictions and taxation, such as the role of government or governmentally subsidized institutions in the culture -- government as benefactor, employer, and on-the-field player in commerce, industry, and finance. Government as big player. That comes only from coercive power, of course, but too often critics of governmentalization focus on the coercion and not enough on the resultant cultural power. Government is a ginormous player in social affairs. It both rams and beguiles its way into cultural spaces, to self-validate. Government as cultural vortex. Look at what has become of France, despite its rich history of liberal intellectuals.
What made you decide to start Liberalism Unrelinquished?
Kevin Frei and I started it. Kevin emailed me to propose a Liberalism Day, to talk up the original political meaning of liberal. That morphed into Liberalism Unrelinquished, executed mainly by Kevin, though I drafted the Statement. We approached five individuals as initial signers — Deirdre McCloskey, Stephen Davies, Richard Epstein, James Otteson, and Mario Rizzo. That set the ball rolling.
Why should we care about what word we use to describe ourselves?
The word liberal is powerful. It relates to liberty and toleration, reflected in to liberalize. Words have histories that a generation or two cannot undo. A word has cognates and connotations that make our language cohere, more than we know, more than dictionary definitions can tell.
We need a wider understanding of the semantic changes of the 1880-1940 period. In a way, semantic issues are the momentous issues of our times; semantics tell who and what we are, our selfhood; they condition how we justify our everyday activities.
I’ve heard a few people object that you’re trying to be prescriptivist about the word liberal – that, rightly or wrongly, the word’s meaning has changed and it’s pointless to try to undo that. And you say?
When words hit home everyone is prescriptivist. People who say “That’s just a semantic issue” don’t seem to have thought very deeply about the importance of semantic issues.
If T.H. Green and L.T. Hobhouse could affect how words are used, what they are taken to mean, why shouldn’t we try to do the same when doing so would be to the good? LU does not force anyone to learn about the original political meaning of liberal. People choose for themselves what semantics to practice.
Can you tell me about the differences between ‘liberalism’ and ‘libertarianism’, as you see them? Are there liberals who could not be described as libertarians, and vice-versa?
Since age 16 or 17 I’ve been raised up on American-style libertarianism. As I see it, there is a narrow sense and a better, broader sense. The better sense, to me, rediscovers the outlook of Adam Smith. But the narrow sense of Murray Rothbard, for example, certainly has some tensions with the broader sense (from me on such tensions: one, two, three, four, five). I like to think that libertarianism grows more Smithian; in that sense I don’t see it as a matter of liberalism versus libertarianism.
Are you trying to effect a change within the libertarian movement, or among members of the centre-left who describe themselves as liberal?
The left gains enormously by getting away with calling itself “liberal,” so getting them to give up the goods is not even a prayer. Partly, I just want to self-declare, like Popeye, “I yam what I yam.” An Adam Smith liberal; a lovely little subculture. Next, I’d love to see the center-left, in the US, the Democratic Party people, be called by others something other than “liberal” simpliciter. Progressive, Democratic, social democratic, leftist, or left-liberal – all good. It is unfortunate that so many non-leftists comply with the self-description assumed by the left. For some 100 years the left/center-left dominated the cultural institutions. If non-leftists didn’t go along with their self-description, they were excluded. Then it took on a life of its own, and Republicans and libertarians are now surrendering “liberal.”
Why is LU generally restricted to over-30s?
Just to put some bounds on it. Wisdom comes with age …
In what countries do you think LU is most relevant? I’ve noticed that in the US ‘liberal’ usually means something like ‘progressive’, whereas in Europe it still generally has its old meaning. In the UK we’re a little bit in between.
I’m learning that, within the English-speaking countries, “liberal” means center-left most in the US and Canada, and that it retains its original political meaning most in Australia and New Zealand. Though I’m really not sure about India, South Africa, Hong Kong, and elsewhere. Yes, the UK is in between. In most of Europe liberal still principally retains its original political meaning.
Discourse from North America extends globally, so I think LU is relevant globally. Although our recruiting has been directed only to those in English-speaking countries, people from other countries, too, have signed on.
Do you think ‘liberalism’ implies a greater sympathy with redistributive public policies than ‘libertarianism’? Where do you see the ‘Bleeding Heart Libertarians’ fitting in to the ‘liberal’ nexus?
I think that Adam Smith liberalism is more flexible, more pragmatic generally, so yes. But I wouldn’t say that Adam Smith liberalism is positively friendly toward redistribution by government coercion. The attitude is more one of compromise.
As for the “Bleeding Heart Libertarians,” I am a fan. I think they are right (and concordant with Smith) that justice should not be confined to commutative justice (CJ). For justice beyond CJ they use “social justice.” I wouldn’t use that term, I’d use “estimative justice” for what they are talking about. But still I like what they are doing.
Do you have any thoughts about how political discourse will change in the future?
The left has a penchant to protest against "the unjust system." But we are wising up to the fact that, to a great and increasing extent, they are the system. The establishment, the status quo, is one of long-standing governmentalization of social affairs. If "conservative" means conserving the way things have been, the term increasingly fits governmentalization, since the trend is well over a century old. The establishment is one of governmentalization and hence cronyism and apparatchism. Since, let's face it, the left is basically about leaning toward governmentalization, more and more it is the left who are the conservatives, strictly speaking. What will come of this? I hope it starts to gnaw on their conscience, and that there is a reconsideration of what it means to be liberal.
Do you think the current left-right dichotomy makes sense and will it last?
The left/center-left dominated discourse. They determined semantics as follows: We the left are the humane ones. If you are not one of us, you are “the right” or “conservative.” So really there is the left and an everything-else category. Whether we can overcome the iron cage of leftist semantics is to be seen. Learning more about the original political meaning of the term liberal, 1769-1880, is a start (from me on that here).
The Statement says that the meaning of many ‘central terms’ fell into confusion during the 1880-1940 period. What terms?
The core set are: liberty, freedom, justice, property, contract, equality, as well as liberal. It was those terms, it seems to me, that confusion most befell. A second set would include equity, rights, law, rule of law, force/coercion, and privilege.
What should people read if they want to learn more about liberalism?
At LU (here), Kevin and I compiled a list of sources on the history of classical liberalism. Let me also offer my short piece “What Should Liberals Liberalize?,” needling left-liberals for failing to promote liberalizations that would promote what they claim to care about. But I see Smith’s The Theory of Moral Sentiments as the most important work of liberalism.
Where do you think the semantic shift that LU wants is most likely to happen – academia, journalism, online, or somewhere else?
The Adam Smith Institute and the Institute of Economic Affairs!
Piracy deal ahoy!
After years of impasse, UK Internet Service Providers and the copyright holders of the entertainment world look set to sign off an agreement on internet piracy. According to the Beeb a 'voluntary copyright alert programme' is to be agreed. Under this, ISPs will identify the IP addresses of alleged copyright offenders and send them ‘educational’ letters on copyright violation and legal alternatives to piracy. Whilst a similar ‘six strikes’ scheme in America sees ISPs able to impose sanctions (such as slowed internet speeds) on persistent offenders, the UK scheme does not. The amount of letters that ISPs can send is capped, and no individual will receive more than 4 letters. Following these, no further action will be taken.
This voluntary agreement breaks a deadlock between content giants, the government and ISPs caused by the Digital Economy Act (DEA). Rushed through in the parliamentary wash-up of 2010, the DEA's copyright provisions instruct ISPs to keep a database of persistent downloaders, and to restrict then finally suspend internet access to those who ignore written warnings.
These provisions are deeply problematic. They force ISPs to police their own customers, burden the companies with compliance costs and ask them to protect another’s intellectual property. Punishing alleged copyright infringers without judicial involvement also undermines the rule of law. Criticized by many politicians, civil liberties groups and the ISPs themselves, none of the Act has been actually implemented.
On the face of it, it’s good that the new agreement is such a watered-down version of earlier proposals. It’s certainly a far cry from what the content industries really want: effective barriers to piracy and access to a list of infringers to hit with ‘compensatory’ legal action. Advocates of internet freedom should be pleased. That said, the agreement doesn’t change the power of copyright holders- they can still get infringing content removed and websites blocked under existing legislation.
Furthermore, skeptics might think that the entertainment industry’s acceptance of the new scheme is just them playing the long game. The programme is meant to run for 3 years but be regularly reviewed. Rights holders have warned that should the scheme prove ineffective they will push for the “rapid implementation” of measures in the DEA.
If the objective is to deter piracy it’s obvious that the scheme will be next to useless: sending ‘educational’ letters will do little to change the behavior of serial downloaders. What it does do, however, is let the entertainment industry claim that a soft approach doesn’t work, and gets ISPs creating a database of copyright infringers that rights holders might win access to in the future. Playing ball now gives the copyright giants credibility to push for more extreme measures later on.
This might seem cynical, but the established entertainment bodies are reluctant to let go of their increasingly outdated business models. Returning to the DEA also gets governments back in the picture, whom copyright bodies often have great success in lobbying. From the ‘Mickey Mouse Protection Act’ of 1998 to the recent EU extension of the copyright in sound recordings, entertainment groups have a knack of preventing their goods from falling into the public domain, and ensuring that governments favor their industry’s profits over actual economic sense.
Understandably, media groups want people to stop illegally sharing their stuff. But instead of lobbying for legislation and slapping fines around the most effective deterrent is to understand consumer’s preferences and offer them valuable alternatives to piracy. Whilst movie bodies get angry at Google for linking to copyrighted material without really tackling their problem themselves, Spotify’s quite probably done more to combat music piracy than blocking The Pirate Bay ever has. However, instead of evolving the copyright industry seems to go out of its way to antagonize consumers, rent-seeking and objecting to even the most eminently sensible of copyright reforms.
Given the entertainment industry’s determination to protect their intellectual property, it’s unlikely that efforts to tackle piracy will end with a voluntary alert system. Whilst innovating companies will continue to find new ways of sharing and monetizing content, for the time being the copyright-holding giants of the entertainment world will remain preoccupied with the wrong prescriptions for piracy.
Technology, Privacy and Innovation in 2014
Prediction lists for the coming year are always revealing, though perhaps more of the current public mood than the future. A write-up of the tech trends for 2014 by Fast Company's design blog is hardly controversial, but what is interesting is how the areas they’ve chosen highlight the existence of two wider and seemingly divergent technological trends. This apparent conflict in the way technology is heading is far from problematic. On the contrary, it shows our success in adapting and experimenting with new ideas and in response to shifts in the social and political context, without the need for any central guidance.
One thing clear from Fast Company's list is that 2014 will bring a continued increase in the volume and depth of the personal data we create. Things like Google Glass, the ‘quantified self’, hyperpersonalised online experiences and the interconnectivity of theInternet of Things all create new reasons and mechanisms for data capture. This in turn increases the value of our data to ourselves, the companies with access to it and, in some situations, the state.
However, the article also predicts that 2014 will see increasing concerns over cyber-privacy and a movement towards greater digital anonymity. Users will increasingly chose to control their own data and how this is profited from, whilst we will begin to discover the joy of ‘disconnecting’ from the digital world and see the creation of intentional blackspots.
The fact that we seem to be embracing deeper technological integration yet simultaneously finding ways to mitigate and avoid its consequences is certainly interesting. Does this show that we’ve raced forward too fast and are trying to claw back a space we’re realising we’ve lost? It’s perhaps possible that this is the case, but far from giving us cause for concern the two-track path we’re seeing shows the ability of consumers and the tech sector to adapt over time, and in turn gives some hints on the optimal tech policy.
Motorways, pubs and nannies
A new pub has opened in Beaconsfield, Buckinghamshire. That's news in itself, given that around 1200 pubs closed down last year, thanks (or no thanks) to the weight of retail and employment regulation that makes pubs so darn expensive to run.
But the Hope & Champion is of doubt interest, because it is in the Extra Motorway Service Area at Junction 2 of the M40. So the people who go there are almost certain to get there by car. So naturally there have been plenty of critics complaining that this initiative sends out all the wrong signals about drinking and driving.
Well, pubs in the UK are licensed, precisely because we know the potential problems that can go with alcohol consumption. But the fact is that the local police did not object to the licence, nor did the local authority. And the local paper is giving the new pub splash coverage. So local people don't think there's a problem here.
The real problem is the message that the critics send out, yet again – that the political class in Britain thinks the adult population of their country are completely incapable of making their own choices, and that their lives have to be micro-managed for them. This pub, like most others these days, is basically a restaurant that also serves alcohol. It opens at four in the morning and starts selling alcohol at nine - though apart from one stalwart getting stuck into a pint for the cameras, most people there this morning were getting stuck into nothing more life-threatening than a Full English Breakfast. And if a group of people want to stop off the M40 for lunch or dinner, why should the passengers be denied the pleasure of a small sherry just so that drivers are 'kept away from temptation'?
Weatherspoons, the pub owners, are a responsible chain. Their menus carry Drink Aware slogans and information. Their staff do not serve people who have already had enough. People know that there are legal limits on drinking and driving - and they know that even drinking below the legal limit can slow down your reactions. So most drivers who visit the pub, alone or with a group, would probably not have alcohol anyway, and their passengers would probably not want them to.
So as the police and local authority figure, there's no problem. The only problem is all those people who deem it their business to treat us like children.
The Internet Watchmen
As Tim Worstall notes, new government plans to block online terrorist and extremist content are extremely worrying. Along with the introduction of default 'opt-out' porn filters and the criminalisation of rape porn, they are another example of Cameron's politicised censorship of the web. Whereas reducing the proliferation of child abuse images is a good thing, this new measure results in the censorship of ideas. Furthermore, whilst it is relatively straightforward to identify child abuse imagery, it is much less so (and arguably impossible) to decide which ideas are 'too dangerous' to viewed in the UK.
Aside from these issues there is also the question of how such a content block would work in practice. In many ways, how to block can be as problematic as the censorship itself.
The government has said that it wants to model the new blocking unit on the Internet Watch Foundation: a part-EU, part internet industry-funded UK 'hotline' for child abuse imagery. The IWF assesses material submitted by the public and flags up UK-hosted content to be removed by service providers. Content from outside the UK is added to a URL 'blacklist' which ISPs then block UK access to.
There are a number of issues with this model. First, there is no guarantee that what the IWF flags up is actually illegal. With no legal clout, the IWF acts on content it deems 'potentially illegal' - and there is little to stop legitimate content getting wrongly marked. One controversial case saw a picture of an album cover on Wikipedia getting blocked until the backlash forced the IWF to reverse their decision. Appealing against the IWF's decisions can be a difficult and opaque process, not least because of the difficulty of appealing against the illegality of an image you can't even see.
Despite the IWF's lack of legal authority, the Open Rights Group claims that their blacklist has never been assessed by a court or legal body. This makes their actions rather murky. Given its sensitivity ISPs can't see the content of the blacklist to make their own judgement; they must either block all of it or none. On top of this, there are also problems with the technology ISPs use to actually block the URLs - which can be unreliable and block too broadly.
In addition, from April 2014 the IWF will shift from a being reactive body -acting only on content sent to it - to a proactive one, actively seeking out images of abuse behind pay walls and on peer-to-peer networks. This approach is another step in the active policing of the web, and is also likely to be followed by the new anti-extremist unit.
Issues of political and religious censorship are much more complicated than that of child pornography. The unaccountability of the IWF and its lack of judicial oversight therefore make it a poor model to copy for what is an incredibly controversial (and dangerous) policy. Since the new unit will be publicly funded, its decisions may come under greater legal scrutiny. On the other hand, a government-funded body could become politicised and overzealous in its mission. In any case, a clear due process and a rigorous appeals system will be absolutely essential.
Crime & security minister James Brokenshire says an update on the proposals will arrive shortly, though the fact that civil liberty groups claim not to have been consulted on the matter is rather worrying. The sensible thing to do would be to scrap this idea altogether. Since this is unlikely to happen, both the politics and the technicalities of the initiative are bound to prove difficult indeed.
Tor, Bitcoin and the Silk Road: three forces for good
Since the arrest of Ross Ulbricht aka 'Dread Pirate Roberts' — the alleged mastermind behind the Silk Road — media attention has in part focused on the role of legal technologies Tor and Bitcoin in its operation. Silk Road was an online black market where all kinds of restricted and illicit goods (from illegal drugs to forged passports) were sold in an eBay-style setting. Because of the nature of its wares it made up part of the 'deep web' - accessible only by using software such as Tor, which enables user anonymity by obscuring their location and usage, making surveillance incredibly difficult. Its illegality also prevented customers from paying via card companies or PayPal, so business was done using the crypto-currency Bitcoin.
Whilst talk of Bitcoin and Tor is old hat amongst technophiles, reporting of Silk Road's takedown is probably one of the first times that many people would have heard about such technologies. And, understandably, when their raised profile comes in association with a giant underground marketplace in drugs and a man charged with charged with ordering an assassination, people may be swift to discount them as 'hacker tools', or look upon them unkindly. (The Guardian's leak of GCHQ's presentation 'Tor Stinks', which depicts an apparently typical terrorist Tor user masked and toting an assault rifle (and sat in front of a giant onion) is in this respect both amusing and depressing.)
However, Tor and Bitcoin aren't used just for shady dealings. Both can be used to great benefit — Tor in providing freedom and safety online, and Bitcoin in encouraging financial and monetary innovation.
There are huge numbers of people who aren't terrorists, sex offenders or drug barons who benefit from anonymising software such as Tor, and those whose lives may depend on it. Tor allows people across the globe to communicate freely when doing so is risk and the internet is monitored or subject to blocks. It circumvents national firewalls, empowering and educating citizens who would otherwise be restricted. It allows whistleblowers to divulge their information anonymously, journalists to share news, and activists and citizens to criticise, dissent and organise in protest. Millions around the world benefit from Tor.
And it isn't just citizens in oppressive regimes who benefit — Tor is used by the military in operations to protect their location whilst communicating securely. It could also be argued that concerned parents can help protect their child online by using Tor to mask their location. Whatever else Tor may be used for, its capacity to liberate and protect is great.
Similarly, the development of crypto-currencies such as Bitcoin carry with them great potential. Bitcoin is an open-source, peer-to-peer electronic currency. It has no central issuing authority; the money supply is increased as users's computing power crunches numbers to verify pervious transactions. This has made crypto-currencies very interesting to those who wish to abolish central banks and establish new forms of currency. But Bitcoin also has a growing number of practical uses.
Increasing numbers of vendors are accepting payment in Bitcoins and it can be used to pay for things from Wordpress services to pizza. It doesn't require any third-party intermediary such as credit card companies or PayPal to process payments, making transactions cheaper and easier. This can lower transaction costs for businesses, which, were Bitcoin to become widely adopted could also be passed onto the consumer. The Mercatus Center's primer on the currency suggests that this aspect of Bitcoin could also revolutionise the global redistribution of wealth. In 2012 immigrants to developed countries sent $401 billion back home to developing countries. The average fee doing so at places like Western Union is close to 10%, whilst fees for similar services using Bitcoin are less than 1% of the transaction. Wiring companies are looking at integrating Bitcoin services into their own, and if they were to do so this would be a tremendous boon for the poorer people of the world.
Transferring traditional currency into Bitcoins can also allow people to overcome domestic economic problems and the consequences of corruption. With tight capital controls and an inflation rate of 25%, it is no surprise that Argentinians are some of the most enthusiastic users of Bitcoin. Other great uses of Bitcoin, such as in conjunction with SMS banking in developing countries, are developing all of the time. Bitcoin definitely has the potential to be more than a plaything for nerds and a way of buying hash.
Cathy Reisenwitz is right: the world is less safe now that Silk Road is gone. The violence associated with drug dealing is not a consequence of the products, but of their illegality. As a stable, trusted and effective platform Silk Road removed that need for violence. Drug laws need a serious overhaul, and the user rating and delayed payment system of Silk Road offer a great model for a legal marketplace for drugs. I therefore think that it is great that technologies such as Tor and Bitcoin are being put to such use.
However, many will disagree. This is why it is important to point out the great potential and liberating capabilities of these technologies before people discount them, or worse turn against them. No technology in itself is 'good' or bad' - what matters is how it is put to use, and while we worry about the potential dangers of new technology, we should remember its use in positive ways too.
