This week is looking like it will be one of the busiest for digital policy – and it is only Tuesday. The news has been flooded with stories from Remembrance Sunday to the shooting at the Army base in Texas. However, we need to look at some of the stories coming out of the digital policy world. Below is a quick summary of them and their potential implications:

First, in a bit of a shock move, Ofcom has stalled on approving a BBC request for DRM controlled HD content. A number of critics, including the Open Rights Group and Tom Watson, MP, have said that locking down the content will “prevent consumer choice” and “absolute power to control who may access its HD services”. Ofcom is seeking further recommendations and will be reviewing all feedback prior to making its final decision. This news is much welcomed in the sense that Ofcom is thinking twice about policy decisions. However, we must be aware that if BBC ‘locks down’ its HD content it will limit the its HD service to only preferred hardware providers. This choice, though possibly preventing some piracy, will be more detrimental in the long run to the BBC and consumers both.

Second, the Home Office is going to go ahead with plans to have UK communications firms monitor and retain data. It is clear that this story has been flying below the radar of both the media and consumers. Not only is this plan technically challenging, it has widespread budget and policy implications. £2 Billion in funds will be needed in order to support the activities including payments to the communication service providers would be required to retain, sort, and disseminate all data collected and these funds will, of course, come from additional tax revenue. These data requests will burden communication service providers with the additional cost of time, money, and man power. This policy will, no doubt, take resources away from the companies involved in conducting their daily business. Furthermore, privacy policy implications will be widespread. How will terms of service by these providers change? And will consumers know about where their information is residing? This is an ill conceived and not well thought out plan.

Third, and finally, the Digital Economy Bill will be announced in the Queen’s speech next week. We can not ignore this potentially radical shift in Internet Service Provider (ISP) network management. Various government spokespeople have denied that non-file sharers will feel the impact. However, this is a key bill to watch next week. Not only would ISPs becoming ‘policemen of the Internet’, but ISPs would be required to work with rights holders to manage legal actions. How this Bill is received and ultimately brought into law will impact how ISPs do business, how consumers manage their home networks, and how rights holders deal with their intellectual property. There is a potential for due process to be passed by as ISPs rightly and wrongly accuse their customers of illegal downloading. There will be a presumption of guilt before innocence for the accused and a administrative burden for all involved.

I often think that digital policies are not given the amount of attention in the media that is needed or required. Digital issues impact privacy, government policy, taxes and their burden, as well as how we communication, interact, and live our lives. All of these policies announced this week have the potential to impact all of us and those that govern us.


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