This paper seeks to offer an alternative critique to graduated response, a warning and sanction mechanism aimed at fighting online piracy.
This paper reflects on and frames graduated response in terms of theories on surveillance society and code. In particular, it analyses the graduated response debate in the European Union and the current initiatives in France and the UK.
The paper argues that graduated response portrays rights holders as being in a state of emergency, is a form of social sorting, and has a technological bias.
This paper contends that many objections raised to graduated response have been reduced to issues concerning the procedure rather than the principle, and that important societal questions concerning graduated response remain un(der)explored.
