I’m perhaps a bit idealistic, but I think that there are clear contemporary demonstrations of democracy ‘working’. Today’s example comes to us from Europe, where the European Parliament has voted to restore a graduated response to copyright infringement that pertains to when and how individuals can be disconnected from the Internet. Disconnecting individuals from the ‘net, given its important role in citizens’ daily lives, can only be done with judicial oversight; copyright holders and ISPs alone cannot conspire to remove file sharers. This suggests that any three-strike policy in the EU will require judicial oversight, and threatens to radically reform how the copyright industry can influence ISPs.
What might this mean for North America? If policy learning occurs, will we see imports of an EU-style law on this matter? Do we want our policy actors to adopt an EU-model, which could be used to implement a three-strike rule that just includes judicial review at the third strike? In Canada, with the tariffs that we pay, there are already permissible conditions for file sharing – do we really want to see strong American or WIPO copyright legally enforced on our soil?