Mandelson Aims for Chinese Style State Censorship

A lot of hyperbole is given over in this country to the idea that we’re somehow drifting into a police state. Some of it is valid, much of it isn’t – Jacqui Smith may have justified the Metropolitan Police’s arrest of shadow cabinet member Damian Green earlier in the year, but where is she now? The police may have been used a number of times this year to attack violently protest groups which the state decided were behaving contrary to its interests, but the furore was so great they’re certainly not operating overtly in such a way at present. Peter Mandelson’s Digital Economy Bill however in its current form would give him powers the likes of which the Chinese would envy:

What is the problem with clause 11 that I am getting so alarmed about it? It amends the Communications Act 2003 to insert a new section 124H which would, if passed, give sweeping powers to the Secretary of State. It begins:

(1) The Secretary of State may at any time by order impose a technical obligation on internet service providers if the Secretary of State considers it appropriate in view of—Pausing there. Note that this says nothing at all about copyright infringement. For example the power could be used to:

• order ISP’s to block any web page found on the Internet Watch Foundation’s list
• block specific undesireable sites (such as wikileaks)
• block specific kinds of traffic or protocols, such as any form of peer-to-peer
• throttle the bandwidth for particular kinds of serivce or to or from particular websites.

In short, pretty much anything.

I do not exagerrate. The definition of a “technical obligation” and “technical measure” are inserted by clause 10:

A “technical obligation”, in relation to an internet service provider, is an obligation for the provider to take a technical measure against particular subscribers to its service.A “technical measure” is a measure that— (a) limits the speed or other capacity of the service provided to a subscriber; (b) prevents a subscriber from using the service to gain access to particular material, or limits such use; (c) suspends the service provided to a subscriber; or (d) limits the service provided to a subscriber in another way.As you can see blocking wikileaks is simply a matter of applying a technical measure against all subscribers of any ISP.

Surely something must limit this power you ask? It seems not. The Secretary of State may make an order if “he considers it appropriate” in view of:

(a) an assessment carried out or steps taken by OFCOM under section 124G; or (b) any other consideration.Where “any other consideration” could be anything.

Francis Davey’s superb analysis of the bill is truly terrifying. The Digital Economy Bill would not just give Mandelson (or his successors) the power to ban say child porn sites immediately, but Wikileaks or any other site the state had issues with as well – on a whim. The power would not be limited by judicial or parliamentary scrutiny – it would be absolute. You’d have no idea he’d blocked the site, you’d have no comeback against him, and in short this would give government the ability to censor the internet as and when it saw fit in the most draconian manner imaginable. Davey’s right when he says this isn’t even about censorship – it’s a continuation of the regular New Labour attack on the rule of law and evidence based policy making. He (and they) must be stopped in this mad quest, because freedom of speech really is under threat, and if passed for example all the twitter campaigning the likes of which have shown some effectiveness against particular villains in the last year would be made futile by this bill.

No doubt the government will trot out it’s common spiel that there are no current plans to use this element of the bill, but if such powers aren’t needed then why develop them? History has always shown that powers when available are always used – RIPA, SOCPA, Section 44 of the Terrorism Act, you name it. Government agencies will line up to say the abuses of such powers weren’t what they intended, yet their very existence has led to local government and the Home Office to stamp all over civil liberties, be it against photography of public buildings in public areas or the right to protest itself. If Mandelson is allowed to bring about what’s contained in this bill we will move one step further towards a genuine police state, and that’s something we should all fear.