Today, Parliament released the “Culture” select committee’s report “Supporting the Creative Industries”. The headline pursued by most media outlets is that Google’s efforts to limit copyright infringement by its ‘users’ is, to quote the committee chairman, John Whittingdale, “derisory”. This is reported by Computing, which extends Whittingdale’s quotes which demand further action from Google which is erroneously singled out as the single largest source of piracy and thus the single largest source of damage to Britain’s creative industries. Peter Bradwell of the ORG, and Paul Bernal of UEA cover the report and its impact, in Peter’s case on the ORG Blog, in an article called, Culture Committee copyright report one-sided and simplistic and in Paul’s case on his blog in an article called, Supporting the creative economy?. The ORG verbal evidence to the committee is available as a video here…, on Parliament TV. Enjoy the show and Peter’s persistant return to statistics and facts …
In the nick of time, a Hero arose (II)
Yesterday was an important day in the British History.
If you don’t know the story, David Cameron, the Tory Prime Minister, had recalled Parliament, two days early to get permission to ‘intervene’ in Syria and punish the Syrian government for their alleged use of chemical weapons and the British Parliament said “No!”. …
Clean Politics, a bit of Ed, a bit of me
Ed Miliband makes his speech; the autocue is here at Labour List. This speech more than most, one must read his words, everyone else will add their spin. So, here’s mine, by my reading, the key points for change are,
- Affiliation Memberships by Trade Unions are to be based on consent.
- A new code of conduct for candidates in internal elections and selections, (we have one now; so who’s fault is it that it isn’t good enough?)
- Limiting expenditure including gifts in kind and 3rd party expenditure internal elections and selections (Good idea, the devil’s in the detail).
- Regulation of CLP/TU teaming agreements (again an incremental reform; I’d like to see the evidence that the current agreements are being abused.)
- He proposes that MP’s should be prohibited from having second jobs, (Yes please, and include the Mayor of London in this proposal.)
- He proposes that unspecified measures should be taken to clean up lobbying and conflicts of interests in Parliament (Perhaps the Labour Party should expel the worst offenders, and include Peers in the list.)
- He proposes that Labour’s candidate for London Mayor is to be chosen by supporters, not members. (Why would we want the advice of people who won’t join?)
He also refers to the opening out of policy making since his election as Leader. This is delusional, moving policy initiation to a ‘bit bucket’ on the web is not extending policy making. …
#FreeGary to stay in the UK
Today, Theresa May announced that she was prohibiting the extradition of Gary McKinnon to the United States on computer hacking charges. She did this via an announcement to the House of Commons which can be watched on www.parliamentlive.tv. I come to the conclusion that she’s a class act. I also watched her yesterday dealing with Parliamentary Questions on the #snooperscharter. PQs are difficult for the opposition, the government always gets the last word, and so with only one intervention it can be desperately hard to get one’s point across; it’s too easy for a Minister to ignore the question and answer one they want too. Today she announced, in an hour long question and answer session that
- she was exercising her right of prerogative to stop the McKinnon extradition
- she was going to introduce new procedures to ensure that British Citizens get to be prosecuted in the UK for crimes committed in the UK
- she was not planning to demand that the US, (or other extradition counterparties) present their evidence to UK courts
- she would seek to end politician’s role in extradition process
Her decision is taken because on review of the evidence she believes that McKinnon’s Human Rights would be breached if he were to be extradited to the US. She has received medical evidence that he was a significant suicide risk and his European Convention , Article 3 rights, the right to life would be at risk.
I am deeply unsure that this makes good or fair law.
She has abdicated the fundamental tests of extradition, that it must be a serious crime in both states to the courts; the treaty prohibits that British Courts from evaluating the evidence to determine if there is a British legal case to answer, the Home Secretary can now only use prerogative to defend a suspects Human Rights, and she wants to give that away.
Despite this most MPs on both sides of the house seemed pleased, although some Labour MPs raise the issue of Babar Ahamd and Syed Talha Ahsan who may have both benefited from forum bars since their alleged illegal acts cannot have taken place in the USA; they have never been there. Despite this, their families expressed their solidarity with McKinnon and his family. Only Alan Johnson MP raised the issue that when the medical evidence was reviewed in an open court, it rejected the arguments that McKinnon was too ill to face trial, or punishment, in the USA.
Keith Vaz made a good argument that the British Courts should evaluate if there is sufficient evidence that there is a case to answer, and that politicians should keep the prerogative power to ensure that extraordinary clemency in the case of McKinnon or extraordinary vengence in the case of Pinochet can remain part of the system. (Although the last case didn’t work so well, did it; but that’s because Jack Straw left it to the judges.)
Yvette Cooper made a very balanced speech, welcoming the ruling, offering parliamentary help in sensible reform of the extradition laws and asking what precedents this created both for international pursuit of computer criminals and for others currently under threat of extradition, including Richard O’Dwyer. No answers were forth coming on the latter two questions.
For more on the Mckinnon case, read this at the Guardian and this, from David Allen Green in the New Statesman, who documents the changing arguments of the Mckinnon defence.
I wish Richard O and Julia the best, but I don’t think the law reform proposed will be quick enough, although McKinnon dragged it out for 10 years, so there’s still hope, but I think May closed doors for Richard today.
ooOOOoo
Does anyone know if Richard can have the extradition hearing reviewed; I still stand to the view that what he did isn’t a crime in the UK and so he shouldn’t have to face trial in the USA.
The Director of Public Prosecutions must now decide if there is a case to answer in the UK and if it’s in the public interest to prosecute. Do we then need to see if anyone will seek to bring a private prosecution if they decide not. …
Communications Data Bill, it’s the technology stupid
Alec Muffett, the convener of the London Meetups, and an ex-colleague of mine at Sun Microsystems has submitted evidence to the the pre-legislative parliamentary consultation, unlike Jimmy Wales he was not summoned to Parliament, but did publish his evidence for as all. …
Great Freedom splat!
I originally started this in 2012. One of the ideological alliances within the coalition government was the so called rolling back the interfering state. The vehicle for this was “The protection of freedoms act”. It was always going that way, but it was named as a piece of Orwellian newspeak. Originally they hoped to call it the Great Repeal or Great Freedom Bill. …
A week’s a long time in politics
The Bill becomes an Act
Just over a week ago, the Digital Economy Bill got its 3rd reading, and according to “Computing” got its Royal Assent on the 9th April. I watched the 2nd & 3rd reading debates on parliament.tv with Tweetdeck open. Others have commented on how helpful having crowd sourced commentary was, which I have to agree with and also how disappointed they were that most MPs weren’t in the chamber to hear the debate. Twitter certainly enhanced my understanding and enjoyment of the debates, which were rather spoiled at the end by the tiny vote in favour of the Lib Dem amendment and then against the 3rd reading. On the good side, I have been pleased to ‘meet’ some new twitter correspondents, however I had to turn it off at work for the rest of the week. Unlike contracted musicians with royalty based earnings, if I don’t work, I don’t get paid and I found it too distracting. …