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| Digital Economy Bill [Lords]
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| Page 1, line 2, leave out Clause 1. |
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| | Clauses 2 and 3 Agreed to. |
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| Clause 4, page 6, leave out lines 16 to 20 and insert ‘infringement of the owner’s |
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| copyright appears to have taken place by means of an internet access service’. |
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| Clause 4, page 6, line 27, at end insert ‘by reason of the work in relation to which |
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| the copyright subsists being uploaded or downloaded to peer-to-peer filesharing |
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| Clause 4, page 7, line 36, after ‘subscriber’, insert ‘which have been the subject of |
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| notifications sent after the effective date of an order made by the Secretary of State under |
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| Clause 4, page 7, line 39, leave out ‘electronic or’. |
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| Clause 6, page 8, line 25, leave out ‘may’ and insert ‘must’. |
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| Clause 6, page 8, line 29, after ‘case’, insert ‘or in relation to a particular class of |
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| internet service providers or subscribers’. |
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| Clause 6, page 8, line 33, at end insert— |
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| | ‘(c) | specifies reasonable rights and obligations in relation to a subscriber that |
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| | is a library, an educational or cultural establishment, hotelier or internet |
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| | cafe as a provider of networks operating between an internet service |
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| | provider and a user of the network.’. |
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| Clause 7, page 9, line 35, leave out ‘six’ and insert ‘nine’. |
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| Clause 7, page 9, line 36, leave out from ‘force’ to end of line 38. |
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| Clause 8, page 11, line 23, leave out from ‘transparent’ to end of line 26. |
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| Clause 8, page 11, line 30, after ‘copyright’, insert ‘through peer-to-peer |
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| Clause 8, page 11, line 31, after ‘evidence’, insert ‘in relation to subsistence of |
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| copyright and infringement of the owner’s copyright through peer-to-peer filesharing |
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| Clause 8, page 11, line 42, at end insert— |
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| | ‘(d) | an indication of whether or not it is alleged that the subscriber or anyone |
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| | else obtained financial or commercial gain from the alleged online |
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| | copyright infringement through peer-to-peer filesharing networks’. |
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| | Clause, as amended, agreed to. |
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| Clause 9, page 12, line 39, after ‘copyright’, insert ‘through peer-to-peer |
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| Clause 9, page 13, line 11, after ‘copyright’, insert ‘through peer-to-peer |
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| Clause 10, page 14, line 13, leave out ‘by means of the internet’ and insert ‘by |
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| reason of their infringing copyright through the use of a peer-to-peer file sharing |
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| Clause 10, page 14, line 28, after ‘providers’, insert ‘consumer groups, the |
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| Clause 10, page 14, line 31, at end insert— |
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| | ‘( ) | an economic and social impact assessment as to whether any application of the |
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| | technical measures will be proportionate to its likely affect on, inter alia, |
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| | subscribers, households, businesses, users of wi-fi networks, not-for-profit |
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| | organisations, libraries, educational establishments and the internet network; |
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| Clause 11, page 15, line 7, after ‘providers’, insert ‘in relation to online copyright |
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| infringement through peer-to-peer filesharing networks’. |
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| Clause 11, page 15, line 18, leave out from ‘An’ to end of line 19 and insert ‘order |
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| under this section may not be made by the Secretary of State unless— |
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| | (a) | the Secretary of State has laid a draft order and explanatory document |
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| | before Parliament in accordance with section 302B; and |
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| | (b) | the order is made in accordance with section 302C on super-affirmative |
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| Clause 11, page 15, leave out lines 21 and 22. |
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| Clause 11, page 15, line 25, after ‘section’, insert— |
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| | ‘(a) | before the super-affirmative procedure under section 124HA has |
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| Clause 11, page 15, line 25, after ‘unless’ insert— |
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| | ‘(a) | the Secretary of State has complied with subsections (6) to (10), and |
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| Clause 11, page 15, line 27, at end insert— |
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| | ‘(6) | If the Secretary of State proposes to make an order under this section, the |
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| | Secretary of State must lay before Parliament a document that— |
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| | (a) | explains the proposal, and |
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| | (b) | sets it out in the form of a draft order. |
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| | (7) | During the period of 60 days beginning with the day on which the document was |
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| | laid under subsection (6) (“the 60-day period”), the Secretary of State may not lay |
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| | before Parliament a draft order to give effect to the proposal (with or without |
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| | (8) | In preparing a draft order under this section to give effect to the proposal, the |
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| | Secretary of State must have regard to any of the following that are made with |
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| | regard to the draft order during the 60-day period— |
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| | (a) | any representations, and |
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| | (b) | any recommendations of a committee of either House of Parliament |
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| | charged with reporting on the draft order. |
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| | (9) | When laying before Parliament a draft order to give effect to the proposal (with |
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| | or without modifications), the Secretary of State must also lay a document that |
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| | explains any changes made to the proposal contained in the document laid before |
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| | Parliament under subsection (6). |
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| | (10) | In calculating the 60-day period, no account is to be taken of any time during |
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| | which Parliament is dissolved or prorogued or during which either House is |
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| | adjourned for more than 4 days.’. |
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| Clause 11, page 15, line 27, at end add— |
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| | ‘124HA | Super-affirmative procedure |
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| | (1) | The Secretary of State must have regard to— |
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| | (b) | any resolutions of either House of Parliament, and |
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| | (c) | any recommendations of a committee of either House of Parliament |
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| | charged with reporting on the draft order, |
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| | made during the 60-day period with regard to the draft order. |
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| | (2) | If, after the expiry of the 60-day period, the Secretary of State wishes to make an |
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| | order in the terms of the draft, the Secretary of State must lay before Parliament |
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| | (a) | stating whether any representations were made under subsection (1)(a); |
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| | (b) | if any representations were so made, giving details of them. |
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| | (3) | The Secretary of State may after the laying of such a statement make an order in |
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| | the terms of the draft if it is approved by a resolution of each House of Parliament. |
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| | (4) | However, a committee of either House charged with reporting on the draft order |
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| | may, at any time after the laying of a statement under subsection (2) and before |
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| | the draft order is approved by that House under subsection (3), recommend under |
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| | this subsection that no further proceedings be taken in relation to the draft order. |
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| | (5) | Where a recommendation is made by a committee of either House under |
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| | subsection (4) in relation to a draft order, no proceedings may be taken in relation |
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| | to the draft order in that House under subsection (3) unless the recommendation |
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| | is, in the same Session, rejected by resolution of that House. |
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| | (6) | If, after the expiry of the 60-day period, the Secretary of State wishes to make an |
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| | order consisting of a version of the draft order with material changes, the |
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| | Secretary of State must lay before Parliament— |
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| | (a) | a revised draft order; and |
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| | (b) | a statement giving details of any representations made under subsection |
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| | (1)(a) and of the revisions proposed. |
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| | (7) | The Secretary of State may after laying a revised draft order and statement under |
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| | subsection (6) make an order in the terms of the revised draft if it is approved by |
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| | a resolution of each House of Parliament. |
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| | (8) | However, a committee of either House charged with reporting on the revised draft |
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| | order may, at any time after the revised draft order is laid under subsection (6) and |
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| | before it is approved by that House under subsection (7), recommend under this |
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| | subsection that no further proceedings be taken in relation to the revised draft |
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| | (9) | Where a recommendation is made by a committee of either House under |
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| | subsection (8) in relation to a revised draft order, no proceedings may be taken in |
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| | relation to the revised draft order in that House under subsection (7) unless the |
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| | recommendation is, in the same Session, rejected by resolution of that House. |
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| | (10) | For the purposes of subsections (3) and (7) an order is made in the terms of a draft |
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| | order if it contains no material changes to the provisions of the draft order. |
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| | (11) | In this section the “60-day period” means of the period of 60 days beginning with |
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| | the day on which the draft order was laid before Parliament under section 124H. |
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| | (12) | In calculating the 60-day period no account is to be taken of any time during |
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| | which Parliament is dissolved or prorogued or during which either House is |
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| | adjourned for more than four days.’. |
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| | Clause, as amended, agreed to |
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| Clause 13, page 16, line 35, leave out ‘and’ and insert— |
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| | ‘( ) | that those provisions are proportionate to their effect and take into |
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| | account the impact upon, and relevant arrangements made by, an |
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| | educational establishment, prescribed library or accredited museum in |
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| | order to achieve what the provisions are intended to achieve; and’. |
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| Clause 14, page 18, line 13, at end insert— |
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| | ‘(c) | that the standard of evidence underlining the notification complies with |
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| | the standard set out in the initial obligations code, as determined by the |
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| | criteria set out in 124E(1) and (2).’. |
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| Clause 14, page 18, leave out from line 39 to end of line 23 on page 19 and add— |
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| | ‘(9) | Technical measures shall only be applied against a subscriber following a finding |
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| | by the court that they have infringed copyright by means of an Internet Access |
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| | Service and such court shall have power to— |
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| | (b) | confirm the implementation of a proposed technical measure.’. |
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| Clause 15, page 19, line 42, after ‘provider’ insert ‘or owner’. |
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| | Clause, as amended, agreed to |
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| Clause 16, page 20, line 24, after ‘incur’, insert ‘and shall |
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| | ( ) | in relation to any provision for payment by subscribers, and the funding |
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| | of their own costs, first be subject to an economic and social impact |
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| | assessment confirming that relevant subscribers are not in practice, by |
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| | reason of such provision(s) and/or the incidence of costs, prohibited from |
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| | effectively exercising their rights under 124K Subscriber appeals.’. |
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