Abstract
This paper reflects on and frames graduated response in terms of theories on surveillance society & code. Graduated response is a warning & sanction mechanism aimed at fighting online piracy. Internet users caught infringing copyright are repeatedly warned about and ultimately sanctioned for their illegal actions. Graduated response is contested in Europe for reasons of proportionality, implementability and legal issues concerning Internet users and service providers. In this paper, however, we contend that many objections raised to graduated response have been reduced to issues concerning the procedure rather than the principle. We believe important societal questions concerning graduated response remain un(der)explored. Drawing from the literature on surveillance society & code, we offer three alternative critiques to graduated response and argue that graduated response portrays rights holders as being in a state of emergency, is a form of social sorting and has a technological bias. The paper consists of three parts. First, we discuss the literature on surveillance society & code, to then continue with an analysis of the EU debate concerning graduated response and an overview of the current initiatives in France and the United Kingdom (UK). Finally, we link our theoretical insights on surveillance society and code to graduated response.
| Original language | English |
|---|---|
| Title of host publication | EuroCPR: Policies for a digital Europe: lessons learned and challenges ahead |
| Number of pages | 13 |
| Publication status | Published - 29 Mar 2010 |
| Event | euroCPR 2010 - Musée du Cinquantenaire, Brussels, Belgium Duration: 28 Mar 2016 → 30 Mar 2016 |
Conference
| Conference | euroCPR 2010 |
|---|---|
| Country/Territory | Belgium |
| City | Brussels |
| Period | 28/03/16 → 30/03/16 |
Keywords
- Graduated response
- France
- UK
- European Union
- Copyright infringement
- Surveillance
- Code