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Digital Economy Bill [HL]


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 9th December 2009, as follows—

Clauses 2 to 41
Schedule 1
Clause 42
Schedule 2
Clauses 43 to 46
Schedule 3
Clauses 47 to 49

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 2

 

LORD RAZZALL

 

LORD CLEMENT-JONES

20Page 3, line 23, leave out "geographic coverage of the different UK networks" and insert "use of electromagnetic spectrum for wireless telegraphy in the United Kingdom"
 

LORD WHITTY

21Page 3, line 25, at end insert "giving due consideration in the report to the interests of—
(i)  persons living in rural areas;
(ii)  persons living in urban areas;
(iii)  small businesses;
(iv)  disadvantaged persons, persons with low incomes and persons with disabilities; and
(v)  the elderly"
22Page 3, line 26, after "which" insert "rural and urban"
 

LORD LUCAS

23Page 3, line 41, at end insert—
"(   )  the resilience of the networks to disruption by physical damage or loss of power supply,
(   )  the ability of the networks to allow citizens to communicate with each other, and authorities to communicate with citizens, during an emergency"
24Page 3, line 41, at end insert—
"(   )  the services on offer over each platform, including details of wholesale arrangements and service competition,
(   )  the impediments, barriers and constraints on citizens, consumers and businesses in accessing electronic communications services and information society services"
 

LORD WHITTY

25Page 4, line 2, at end insert "giving due consideration in the report to the interests of—
(i)  persons living in rural areas;
(ii)  persons living in urban areas;
(iii)  small businesses;
(iv)  disadvantaged persons, persons with low incomes and persons with disabilities; and
(v)  the elderly"
 

LORD LUCAS

26Page 4, line 23, at end insert "or places an exceptional load on such a network or service"
 

EARL OF ERROLL

27Page 4, leave out lines 25 to 36
 

LORD LUCAS

28Page 4, line 29, at end insert—
"(   )  The Secretary of State must lay a copy of the report before each House of Parliament as soon as practicable."
29Page 4, line 32, at end insert—
"(   )  The Secretary of State must consult persons whom he considers appropriate before making a request under subsection (1), and must make public his intention to make such a request in reasonable time before he makes the request."
 

EARL ATTLEE

30Page 4, line 32, at end insert—

"Report on global navigation satellite systems

134DOFCOM Report on global navigation satellite systems
(1)  OFCOM must prepare a report within 12 months of the day on which this Act is passed on the potential effects on the critical national infrastructure of interference with GPS and Galileo positioning and timing signals.
(2)  In this section—
 "critical national infrastructure" means those elements of the nine national infrastructure sectors (energy, food, water, transport, communications, government, emergency services, health and finance), the loss or compromise of which would lead to severe economic or social consequences,
 "GPS" means the United States of America's space-based global navigation satellite system,
 ""Galileo" means the European space-based global navigation satellite system."
 

Clause 3

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

31Page 5, line 27, at end insert "provided by a public service broadcaster"
 

After Clause 3

 

LORD LUCAS

32Insert the following new Clause—
"OFCOM report on retransmission fees and delayed transmission fees
  OFCOM must produce a study on retransmission and delayed transmission fees within one year of the day on which this Act is passed."
 

Before Clause 4

 

LORD RAZZALL

 

LORD CLEMENT-JONES

33Insert the following new Clause—
"Obligations on copyright holders
  Copyright holders seeking to take action against subscribers for online copyright infringement must use the process set out in sections 124A to 124E of the Communications Act 2003 except in cases of actual or likely extreme prejudice."
34Insert the following new Clause—
"Compliance with fundamental rights
  In drafting or amending any code, laying any statutory instrument, or taking any other action under sections 124A to 124L of the Communications Act 2003 or under section 302A of the Copyright, Designs and Patents Act 1988, the Secretary of State must demonstrate before such action is implemented that he has considered whether such action—
(a)  is necessary and proportionate to the goal of protecting and enforcing copyright, and
(b)  appropriately balances the interest of rights holders and the interests of the public in due process, privacy, freedom of expression and other fundamental human rights guaranteed by inter alia the European Convention of Human Rights and the EC Charter of Rights."
 

Clause 4

 

LORD RAZZALL

 

LORD CLEMENT-JONES

35Page 6, line 5, after "infringement" insert "allegation"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

 

LORD RAZZALL

 

LORD CLEMENT-JONES

36Page 6, line 6, leave out "it appears to" and insert "in the reasonable opinion of"
37Page 6, line 6, leave out "that"
 

LORD WHITTY

 

LORD LUCAS

38Page 6, line 6, at end insert—
"(   )  infringement of the owner's copyright appears to have taken place through peer-to-peer filesharing networks on a subscriber's IP address;"
 

LORD WHITTY

39Page 6, leave out lines 7 and 8
 

BARONESS MILLER OF CHILTHORNE DOMER

40Page 6, line 7, leave out "a" and insert "an individual"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

41Page 6, line 8, leave out "by means of the" and insert "while connected to the internet access"
 

LORD LUCAS

42Page 6, line 8, leave out "means of the service" and insert "prescribed means"
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD WHITTY

 

LORD LUCAS

43Page 6, leave out lines 9 to 11
 

LORD LUCAS

44Page 6, line 11, leave out "means of the service" and insert "prescribed means"
45Page 6, line 11, at end insert "and with the subscriber's authority"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

46Page 6, line 11, at end insert "; or
(   )  a third party other than the subscriber to an internet access service has infringed the owner's copyright by means of the service"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

47Page 6, line 12, after "infringement" insert "allegation"
48Page 6, line 16, after "infringement" insert "allegation"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

 

LORD RAZZALL

 

LORD CLEMENT-JONES

49Page 6, line 17, leave out "there appears" and insert "the copyright owner believes there"
50[Unallocated]
 

LORD WHITTY

51Page 6, line 18, at end insert "by reason of the work in relation to which the copyright subsists being uploaded or downloaded to peer-to-peer filesharing networks"
 

LORD LUCAS

52Page 6, line 19, at end insert—
"(   )  sets out the value of the infringement on the basis described in the initial obligations;"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

53Page 6, leave out lines 20 to 22
 

LORD RAZZALL

 

LORD CLEMENT-JONES

54Page 6, line 20, leave out second "the" and insert "a"
 

BARONESS MILLER OF CHILTHORNE DOMER

55Page 6, leave out lines 23 and 24
 

LORD RAZZALL

 

LORD CLEMENT-JONES

56Page 6, line 24, at end insert "; and
(   )  includes a sworn statement by the person making the report that the information collected has been obtained in compliance with all relevant laws, including data protection and privacy laws, and by persons entitled to gather such information"
57Page 6, line 24, at end insert "; and
(   )  includes a sworn statement and evidence that the person making the report owns the requisite copyright"
58Page 6, line 25, at end insert "allegation"
 

BARONESS MILLER OF CHILTHORNE DOMER

59Page 6, line 27, at end insert—
"(4A)  An internet service provider may recover costs, reasonably incurred in sending a notification report under this section, from the copyright owner.
(4B)  A copyright owner may dispute the charge levied by the internet service provider under this section by appeal to OFCOM on the grounds that the charge does not represent costs reasonably incurred in sending the notification."
 

LORD LUCAS

60Page 6, line 30, after "a" insert "named"
61Page 6, line 31, after "a" insert "full"
62Page 6, line 32, at beginning insert "detailed"
63Page 6, line 34, at end insert "and"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

64Page 6, leave out lines 35 and 36
 

LORD LUCAS

65Page 6, line 36, after "telegraphy;" insert—
"(   )  full details of a subscriber's right to appeal, and of where information on how to appeal may be found;
(   )  advice on the possible consequences of continued infringement;"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

 

EARL OF ERROLL

66Page 6, line 36, at end insert—
"(   )  information about the possible imposition of technical measures;"
67Page 6, line 36, at end insert—
"(   )  information about the protection of electronic communications networks from malware;"
 

LORD LUCAS

68[Retabled as amendment 70A]
69Page 6, leave out lines 37 and 38
 

LORD RAZZALL

 

LORD CLEMENT-JONES

70Page 6, line 38, at end insert—
"(   )  advice about how to respond to the notification if the subscriber believes it to be based on an error of fact, wrong in law or unreasonable"
 

LORD LUCAS

70APage 6, line 38, at end insert—
  "and must comply with any other requirement of the initial obligations code"
 

LORD WHITTY

71Page 7, leave out lines 7 to 9
72Page 7, line 11, leave out "electronic or"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

 

EARL OF ERROLL

73Page 7, line 12, after "subscriber" insert "for the purposes of billing"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

 

LORD RAZZALL

 

LORD CLEMENT-JONES

74Page 7, line 13, at end insert—
"(   )  Receipt of a copyright infringement report, the compliance with the obligations set out in this Act, the initial obligations code or the technical obligations code shall not be deemed to convey actual knowledge of unlawful activity for the purposes of the Electronic Commerce (EC Directive) Regulations 2002 or otherwise and shall not prejudice the internet service provider's ability to avail itself of the defences set out therein."

 
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11 January 2010