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back to previous amendments
| 140 | Page 12, line 35, at beginning insert "After the passage of two calendar years from the coming into force of this section," |
| 141 | Page 12, line 35, at beginning insert "After the receipt of a report from OFCOM on the effectiveness of the regime established by sections 124A to 124F of this Act, commissioned not less than two calendar years from the coming into force of this section," |
| 142 | Page 12, line 35, after "State" insert ", having regard to the progress reports prepared by OFCOM under section 124F," |
| 143 | Page 12, line 35, after "may" insert ", after having received OFCOM's first full report under section 124F," |
| 144 | Page 12, line 37, at end insert "and report as such to the Secretary of State" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 145 | Page 12, leave out line 38 |
| 146 | Page 12, leave out lines 38 to 40 |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 147 | Page 12, line 39, leave out "or steps" |
| 148 | Page 12, line 40, at end insert— |
| "( ) | Any technical obligations imposed must be accompanied by an assessment of their impact on individuals, copyright holders and internet service providers." |
| 148A | Page 12, line 43, leave out "particular" and insert "some or all relevant" |
| 149 | Page 12, line 43, at end insert "by reason of their infringing copyright through use of a peer-to-peer filesharing network" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 150 | Page 12, leave out lines 45 and 46 |
| 151 | Page 13, leave out lines 1 and 2 |
| 152 | Page 13, line 2, at end insert "(but any such measure may not involve the reconstruction of a subscriber's traffic)" |
| 153 | Page 13, line 3, after "service" insert "for a defined period of time" |
| 154 | Page 13, line 3, after "subscriber;" insert— |
| "( ) | requires the payment of an additional fee by the subscriber for the maintenance of unrestricted internet access, which is to be remitted to a licencing body established under the Copyright, Designs and Patents Act 1988;" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 155 | Page 13, leave out line 4 |
| 155A | Page 13, line 4, at end insert— |
| "( ) | A subscriber to an internet access service is "relevant" if the subscriber is a relevant subscriber to the service, within the meaning of section 124B(3), in relation to one or more copyright owners." |
| 156 | Page 13, line 5, leave out "and steps" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 157 | Page 13, line 6, after "(1)" insert "must" |
| 158 | Page 13, line 6, leave out ", in particular" |
| 159 | Page 13, line 8, at end insert "consumer groups, the judiciary," |
| 160 | Page 13, line 9, after "or" insert "groups representative of subscribers, and" |
| 161 | Page 13, line 10, after "likely" insert "proportionality, objective justification and" |
| 162 | Page 13, line 11, after "service;" insert— |
| "( ) | an assessment of the cost of a technical measure in relation to a particular type of internet access service;" |
| 163 | Page 13, line 11, after "service;" insert— |
| "( ) | an assessment of any impact on providers of internet-based services;" |
| 164 | Page 13, line 11, after "service;" insert— |
| "( ) | an assessment of the extent to which copyright infringement notices and litigation using evidence obtained in copyright infringement lists has been unsuccessful in significantly reducing the level of copyright infringement using internet services; |
| ( ) | consideration of the findings of reports prepared by OFCOM under section 124F;" |
| 165 | Page 13, leave out line 12 |
| 166 | Page 13, line 12, at end insert— |
| "( ) | an assessment as to whether any measures that OFCOM recommends are compatible with the Human Rights Act 1998, show due respect for the principle of presumption of innocence and the right to privacy, and guarantee a prior fair and impartial procedure" |
| 167 | Page 13, line 12, at end insert— |
| "(4A) | When making an assessment under this section OFCOM may identify particular technical measures. |
| (4B) | For each technical measure identified under subsection (4A), OFCOM shall include in its report an assessment of— |
| (a) | the technical capability of internet service providers to comply with an obligation to introduce the technical measure; |
| (b) | the likely economic impact of the obligation on internet service providers in the United Kingdom; |
| (c) | the likely impact of the technical measure on communications services and information society services in the United Kingdom; |
| (d) | the degree to which copyright infringement is likely to be reduced by the introduction of the technical measure; and |
| (e) | such other factors as appear to OFCOM to be relevant in a cost-benefit analysis." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 168 | Page 13, line 12, at end insert— |
| "( ) | OFCOM may make a recommendation that the Secretary of State consider introducing a technical measure identified in this section." |
| 169 | Page 13, leave out lines 13 to 15 |
| 170 | Page 13, line 13, after "providers" insert "and copyright owners" |
| 171 | Page 13, line 15, at end insert— |
| "( ) | The Secretary of State shall lay any report made by OFCOM under this section before both Houses of Parliament as soon as practicable after it is received." |
| 172 | Page 13, line 17, at end insert— |
| "(7) | In carrying out an assessment under subsection (1), OFCOM must consider whether— |
| (a) | there are arrangements in place for the wholesale licensing of copyright works for distribution on the internet which are fair, reasonable and comprehensive; and |
| (b) | the market in which copyright works are sold to the public via the internet is properly functioning. |
| (8) | OFCOM must recommend that no technical measures are adopted by the Secretary of State unless it is satisfied itself of subsection(7)(a) and (b)."" |
| 173 | Page 13, line 22, leave out "the Secretary of State" and insert "OFCOM" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 174 | Page 13, line 23, leave out from "appropriate" to end of line 26 and insert "following a recommendation from OFCOM under section 124G" |
| 174A | Page 13, line 23, leave out "in view of" and insert "following" |
| 175 | Page 13, line 25, leave out "or" and insert "and" |
| 176 | Page 13, leave out line 26 |
| 177 | Page 13, line 28, at end insert— |
| "( ) | An order under this section must not be made until at least a year after the digital Economy Act 2010 has been passed." |
| 177A | Page 13, leave out lines 30 and 31 |
| 177B | Page 13, line 33, at end insert— |
| "( ) | No order is to be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House."" |
| 178 | Page 13, line 33, at end insert— |
| "( ) | An order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament." |
| 179 | Page 13, line 33, at end insert— |
| "( ) | The order shall require copyright owners to recompense internet service providers for the costs incurred as a result of the imposition of the technical obligation." |
| 180 | Page 13, line 33, at end insert— |
| "( ) | An order under this section must be made by statutory instrument. |
| ( ) | Before making any order under this section, the Secretary of State must consult such persons who the Secretary of State thinks likely to be affected by the order, or who represent any of those persons, as the Secretary of State thinks fit. |
| ( ) | A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 181 | Page 13, line 33, at end insert— |
| "( ) | An order made under this section shall expire three years after it comes into force, unless it is renewed." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 182 | Page 13, line 33, at end insert— |
| "(4) | An order made under this section shall expire three years after it comes into force, unless it is renewed. |
| (5) | At any time prior to the expiry of an order made under this section the Secretary of State may direct OFCOM to make— |
| (a) | an assessment of the effect of an order made under this section; and |
| (b) | a recommendation as to whether the order should be renewed. |
| (6) | When directing OFCOM to carry out an assessment or make a recommendation under subsection (5), the Secretary of State may also direct OFCOM to— |
| (a) | consult copyright owners, internet service providers, subscribers or any other person; |
| (b) | carry out an assessment of the likely efficacy of a technical measure in relation to a particular type of internet access service; and |
| (c) | take steps to prepare a proposed technical obligations code. |
| (7) | In making an assessment under subsection (5)(a), OFCOM shall include in its report an assessment of any directions given under subsection (6)(b). |
| (8) | The Secretary of State must lay before Parliament a report made under subsection (5) as soon as practicable after it is received. |
| (9) | At any time prior to the expiry of an order made under this section the Secretary of State may renew that order for successive periods of three years following a recommendation from OFCOM." |
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