Three Strikes Is Out? UK Judges Rule Internet Ban Is 'Unreasonable', Even For Sex Offenders
from the it's-a-human-right dept
Last week, Techdirt wrote about a US teenager being banned from using the Internet until his 21st birthday as punishment for his involvement with some Web site break-ins. That seems incredibly harsh, and as Mike noted, earlier bans have been tossed out on the grounds that they were unreasonable.
And that is exactly what has just happened in the UK, as the Guardian reports:
Banning anyone from the internet is an "unreasonable" restriction, two appeal court judges have ruled, suggesting that access to a computer at home has become a basic human right.
What makes this judgment even more interesting is that, as with cases in the US, it concerned a sex offender. Normally, these result in especially severe sentences. So for an Internet ban to be held to be "unreasonable" even here means that for far less serious offences -- unauthorized sharing of copyright works, say -- it is hard to see Net disconnection imposed by a lower UK court being upheld upon appeal.
The decision by Mr Justice Collins and Judge Nicholas Cooke QC signals judicial recognition of how pervasive digital communications are in an era when a multitude of services can be obtained online.
That would seem to spell the end of the "three strikes and you're out" approach in the UK. Of course, there are still plenty of other unjust ways of exacting collective punishment on families -- throttling their Internet connection rather than cutting it off, for example -- but it is nonetheless a hugely important decision. In particular, it seems bound to impact the UK's Digital Economy Act, whose detailed implementation is still being discussed.
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Filed Under: bans, human right, internet access, three strikes, uk
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... I never thought I had to type that sentence out.
And to note: I'm not in favor of sex offenders, but if the UK can see that it's completely stupid to prevent them from getting on the Internet, while it's all right to do so to a teen here in the US... we Americans really need to get our heads free and start seeing the real picture of the digital world.
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/sarcasm
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It's not just the 'digital' world you need to look at.
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Good
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There is much wisdom in the universe. Unfortunately it is unevenly distributed.
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Heh, nice.
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Not exactly hard time...
This results from the odd mix of lunacy in the UK. Plus recall the current Jimmy Savile / BBC scandal there shows that even actual sexual assault is let go by obvious criminal rings, as does the Jerry Sandusky Penn State child sex ring in which boys were provided to wealthy donors. In the US, many states wiretapping laws would get MUCH more severe -- criminal -- sentences.
SO I wouldn't draw any conclusions from this. But keep trying to scrape through the bottom in support of your agenda against "three strikes"...
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Re: Not exactly hard time...
No the lunacy is still in the US, hammering away like the proverbial chimp. I must admit I don't see your point. What does the harshness of the punishment have to do with any of the points in the article? Why do you attack it as though the fact that there would be harsher punishment in the US is a surprise - despite that being what the article is about in the first place? Sorry that there's civilized countries out the that try to do things with offenders other than lock them up in a cage, but that's got nothing to do with the effectiveness nor applicability of the sentence.
"even actual sexual assault is let go by obvious criminal rings"
So? Was there any evidence in this case to suggest he was involved in such a thing, or is that just your usual "must attack every article" reflex just spazzing out because you couldn't find any way or addressing the actual article?
"SO I wouldn't draw any conclusions from this."
At what point in this case should he have waited before commenting on it?
"But keep trying to scrape through the bottom in support of your agenda against "three strikes"...|"
Until that idiotic idea, plagued with potential for abuse and collateral damage - all without any realistic effect on the supposed target - is struck down, i see no reason why the articles won't continue. Nor will your pathetic jabberings, I fear.
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Bet it will be reasonable for non commercial sharing
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Re: Bet it will be reasonable for non commercial sharing
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Either way if they see it as a basic human right, maybe all internet access should be free, and if you get caught breaking the law you lose that privilege but instead you have to pay for your internet access.
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Hey Fred!
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D.E.A (D)
Instead they have a large array of tools including suspension, education, contract agreement, bandwidth reduction and of course fines.
Well 2013 may go down as the year of the DEA but I would not be surprised if further delays made it slip into early 2014.
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If that does go through on schedule, the earliest that "technical measures" can come in force is 2015, but I find it unlikely that Ofcom will be able to get through the full reporting and consulting process in a year (particularly given that legal challenges are going to be even easier against the technical measures part).
I think the copyright enforcement lobby still want the technical measures stuff to come into force, but the Government doesn't really know what it's doing (plus there's been a reshuffle at DCMS, so no one quite knows what they're doing). At least, that's my impression.
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Old News
The case concerned 4 separate appeals of these SOPOs, and the Court struck out all of them (although one due to it being unnecessary as the guy was under imprisonment for public protection), removing any reference to banning or limiting Internet or computer access, instead requiring that they only access the Internet on devices that recorded their history, made that history available to the police on request, and didn't delete it.
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