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Digital Economy Bill [HL]


THIRD
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 4 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 4

 

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."
 

LORD RAZZALL

 

LORD CLEMENT-JONES

74APage 7, line 13, at end insert—
"(   )  In this section "copyright owner" means someone who is established in the UK and whose primary business is the exploitation of UK copyright works in the UK and does not appear to have become a copyright owner or to have become authorised to act on the copyright owner's behalf for the purpose of pursuing infringement claims against subscribers."
 

After Clause 4

 

LORD LUCAS

75Insert the following new Clause—
  "Obligation to block access to a website
  After section 124A of the Communications Act 2003 insert—
"124AAObligation to block access to a website
(1)  This section applies if it appears to a copyright owner that a website is infringing his copyright for gain.
(2)  The owner may seek a declaration from a court that it is satisfied, on the evidence available, that such an infringement is taking place, and that notice of the infringement has been given and has not resulted in the infringement ceasing.
(3)  An internet service provider shall, on the presentation of the declaration, block access to the website from its services.""
 

Clause 5

 

LORD RAZZALL

 

LORD CLEMENT-JONES

76Page 7, line 22, at end insert "; and
(   )  the internet service provider has received fifty or more copyright infringement reports about the relevant subscriber from the copyright owner for that period"
 

BARONESS MILLER OF CHILTHORNE DOMER

77Page 7, line 22, at end insert—
"(1A)  An internet service provider may recover all costs reasonably incurred in maintaining a copyright infringement list and providing a copyright owner with the list under this section.
(1B)  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 providing the copyright infringement list."
 

LORD RAZZALL

 

LORD CLEMENT-JONES

78Page 7, line 24, leave out "in relation to each relevant subscriber"
79Page 7, line 26, leave out "the" and insert "a"
80Page 7, line 27, leave out "enable" and insert "identify the name or address of"
81Page 7, line 27, leave out "to be identified"
 

BARONESS MILLER OF CHILTHORNE DOMER

82Page 7, line 27, at end insert—
"(   )  A subscriber may only be an individual and nothing in this section shall apply to communal networks."
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

83Page 7, line 31, leave out "subscriber" and insert "subscriber's account"
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD RAZZALL

 

LORD CLEMENT-JONES

84Page 7, line 32, leave out "(if any)"
 

BARONESS MILLER OF CHILTHORNE DOMER

85Page 7, line 33, at end insert—
"(   )  The threshold which may be set under subsection (3)(b) shall not be less than 10 infringements per annum."
 

Clause 6

 

LORD MANDELSON

85APage 7, line 44, leave out from "may" to end of line and insert "by order approve it, with effect from the date given in the order."
 

LORD RAZZALL

 

LORD CLEMENT-JONES

86Page 8, line 1, leave out "may" and insert "must"
87Page 8, line 9, at end insert—
"(   )  specifies reasonable rights and obligations in relation to a subscriber that is a library or an educational or cultural establishment as a provider of networks operating between an internet service provider and a user of the network"
88Page 8, line 16, leave out "of a contribution towards" and insert "for"
89Page 8, line 16, leave out "a contribution towards meeting" and insert "the"
90Page 8, line 16, after "meeting" insert "the reasonably incurred"
91Page 8, line 17, leave out "incurred by" and insert "of"
92Page 8, leave out line 22 and insert "level of unlawful copyright infringement on an internet service provider's network is significant, as measured periodically by OFCOM, sustained and"
92APage 8, leave out lines 22 to 24 and insert "level of unlawful copyright content downloaded using the internet service provider's network reaches 25 per cent of the total volume of its internet traffic as identified by the relevant internet service provider's data traffic management system, adjusted to take account of lawful file sharing, and as audited periodically by OFCOM and"
93Page 8, leave out lines 25 and 26
93APage 8, line 25, leave out from "reached" to end of line 26 and insert "and subject to the provisions of subsection (4)(b), internet service providers shall be given a reasonable time in which to procure and implement any infrastructure needed to comply with the obligation to notify;
(   )  if the level of illegal content downloaded using the internet service provider's network falls below the threshold for a period of more than 6 months, the obligations on internet service providers set out under the code shall cease to apply until such time as the relevant threshold is exceeded."
94Page 8, line 28, at end insert "and that internet service providers and copyright owners have consulted formally with consumer representatives"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

95Page 8, leave out line 29
 

LORD MANDELSON

95APage 8, line 31, after "may" insert "by order"
95BPage 8, line 36, leave out "approval or withdrawal" and insert "order"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

96Page 8, leave out lines 38 and 39
 

LORD MANDELSON

96APage 8, line 40, leave out from beginning to end of line 3 on page 9 and insert—
"(   )  An order made by OFCOM under this section approving a code or modification must set out the code or modification.
(   )  Section 403 applies to the power of OFCOM to make an order under this section.
(   )  A statutory instrument containing an order made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.""
 

Clause 7

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

97Page 9, leave out lines 8 to 14 and insert—
"(   )  OFCOM must by order make a code for the purpose of regulating the initial obligations if—
(a)  it appears that no code will be approved under section 124C within six months of section 124A and 124B coming into force; or
(b)  OFCOM has withdrawn their approval of a code under section 124C."
 

LORD MANDELSON

98Page 9, leave out lines 12 to 14 and insert—
"(2)  OFCOM may but need not make a code under subsection (1) for a time before the end of—
(a)  the period of six months beginning with the day on which sections 124A and 124B come into force, or
(b)  such longer period as the Secretary of State may specify by notice to OFCOM.
(2A)  The Secretary of State may give notice under subsection (2)(b) only if it appears to the Secretary of State that it is not practicable for OFCOM to make a code with effect from the end of the period mentioned in subsection (2)(a) or any longer period for the time being specified under subsection (2)(b)."
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

99Page 9, leave out lines 17 to 34
 

LORD RAZZALL

 

LORD CLEMENT-JONES

100Page 9, line 36, at end insert "and that they have consulted formally with consumer representatives"

 
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15 January 2010