The Joint Committee on Human Rights (JCHR), which is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom, has expressed serious concern over the governments Digital Economy Bill and its proposal to disconnect broadband ISP customers from the Internet.
The JCHR has called on the Government to provide a fuller justification for its proposals. In particular it requests more details about the technical measures (when they would be imposed (minimum criteria), for how long and whether users could still seek an alternative ISP) and believes that the amended Clause 17 (allowing copyright powers to be adjusted with only minimum oversight) is still "overly broad".
Technical measures (Clauses 9-16)
The lack of detail in relation to the technical measures proposals – and in particular, in relation to the scope of technical measures, the criteria for their imposition and the enforcement process – has made our assessment of the compatibility of these proposals with the human rights obligations of the United Kingdom extremely Legislative Scrutiny: Digital Economy Bill 25 difficult.
As we have explained in the past, flexibility is not an appropriate reason for defining a power which engages individual rights without adequate precision to allow for proper parliamentary scrutiny of its proportionality.
...
Because of the lack of detail on the face of the Bill and the limited foundation for justification provided for the breadth of these proposed powers, we acknowledge the concerns about the potential for these powers to be applied in a disproportionate manner which could lead to a breach of internet users’ rights to respect for correspondence and freedom of expression.
The lack of detail in relation to the technical measures proposals – and in particular, in relation to the scope of technical measures, the criteria for their imposition and the enforcement process – has made our assessment of the compatibility of these proposals with the human rights obligations of the United Kingdom extremely Legislative Scrutiny: Digital Economy Bill 25 difficult.
As we have explained in the past, flexibility is not an appropriate reason for defining a power which engages individual rights without adequate precision to allow for proper parliamentary scrutiny of its proportionality.
...
Because of the lack of detail on the face of the Bill and the limited foundation for justification provided for the breadth of these proposed powers, we acknowledge the concerns about the potential for these powers to be applied in a disproportionate manner which could lead to a breach of internet users’ rights to respect for correspondence and freedom of expression.
The JCHR has called on the Government to provide a fuller justification for its proposals. In particular it requests more details about the technical measures (when they would be imposed (minimum criteria), for how long and whether users could still seek an alternative ISP) and believes that the amended Clause 17 (allowing copyright powers to be adjusted with only minimum oversight) is still "overly broad".
Read the full Report:
http://www.publications.parliament.uk/pa/jt200910/jtselect/jtrights/44/44.pdf
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