Digital Economy Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 13

 

LORD LUCAS

183Page 14, line 32, at end insert—
"(   )  that it makes proper provision for rights of appeal by subscribers concerning notifications (see subsection (1A));"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

184Page 14, line 39, at end insert—
"(   )  that regard is had to the nature of any service made available by a subscriber that is a library or an eduational or cultural establishment, to its staff, members or users, and the degree of control that such organisations have over their internet access"
 

LORD LUCAS

185Page 14, line 39, at end insert—
"(1A)  The proper provision for rights of appeal is provision that specifies—
(a)  the time within which an appeal may be made,
(b)  that an appeal is to be without cost to a subscriber, apart from the cost of any assistance that he chooses to employ,
(c)  that there is no limitation on the grounds for appeal,
(d)  that an appeal must succeed if the subscriber can show on the balance of probabilities that he had no reasonable means to prevent the infringement complained of."
 

LORD WHITTY

186Page 14, leave out lines 41 to 45
187*Page 14, line 41, leave out from beginning to end of line 27 on page 15 and insert—
"(   )  that technical measures may only be applied against subscribers after a court ruling which determines that a subscriber has infringed copyright through the use of a peer-to-peer filesharing network;
(   )  that courts shall be given power to—
(i)  withdraw a technical measure;
(ii)  confirm a technical measure;
(iii)  take any steps that a person administering or enforcing the code could take in relation to the act or omission giving rise to the technical measure"
188Page 15, leave out lines 1 to 27
 

LORD RAZZALL

 

LORD CLEMENT-JONES

189Page 15, line 4, at end insert—
"(   )  that, on appeal, the burden of proof lies with the copyright owner;"
190Page 15, line 4, at end insert—
"(   )  that subscriber appeals are to be paid for by the copyright owner;"
191Page 15, line 28, leave out "may" and insert "must"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

192Page 15, line 32, at end insert "or"
193Page 15, line 36, at end insert "and must include"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

194Page 15, line 36, at end insert—
"(   )  provision requiring a copyright owner to indemnify an internet service provider for any loss or damage resulting from the owner wrongly accusing a subscriber of an infringement of copyright;"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

 

EARL OF ERROLL

195Page 15, line 40, at end insert—
"(   )  provisions requiring a copyright owner or internet service provider to indemnify a subscriber for any loss or damage resulting from the owner or provider's failure to comply with the code, the copyright infringement provisions, or the Data Protection Act 1998"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

196Page 15, line 40, at end insert—
"(   )  provision that provides that a subscriber is not liable in respect of copyright infringement for the use of that network by authorised or unauthorised third parties"
197Page 15, line 40, at end insert—
"(   )  provision that provides that a subscriber that is a library or an educational or cultural establishment is not liable in respect of copyright infringement for the use of that network by authorised or unauthorised third parties"
 

Clause 14

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

198Page 16, leave out lines 22 to 27
 

Clause 15

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

199Page 16, leave out lines 31 to 34
 

BARONESS MILLER OF CHILTHORNE DOMER

200Page 16, line 34, at end insert "but he must do so on the basis that the internet service provider is reimbursed for costs incurred"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

201Page 16, line 34, at end insert—
"(   )  The order must take account of the different costs that internet service providers may incur relative to the illegal infringement activity of its subscribers."
202Page 16, line 34, at end insert—
"(   )  For the purposes of clarity, the order specified in subsection (1) may not share any costs with subscribers notified under section 124A."
203Page 16, line 36, after second "a" insert "substantial"
204Page 16, line 36, after "towards" insert "all"
205Page 16, line 38, leave out "or internet service provider"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

206Page 17, line 5, at end insert—
"(   )  provision to prevent costs being passed onto subscribers in the form of higher subscriptions"
 

LORD LUCAS

207Page 17, line 7, at end insert—
"(   )  In making such an order, the Secretary of State must act with the intention that copyright owners shall bear the full marginal costs incurred under the copyright infringement provisions."
 

Clause 16

 

LORD WHITTY

208Page 17, line 13, after "copyright" insert "through peer-to-peer filesharing networks"
 

LORD LUCAS

209Page 17, line 14, at end insert—
 ""copyright infringement" and "infringement of copyright" has the same meaning as in the Copyright, Designs and Patents Act 1988"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

210Page 17, line 36, leave out "entirely or mainly"
 

LORD WHITTY

211Page 17, line 42, at end insert—
 ""peer-to-peer filesharing network" means a network that allows files to be shared directly from personal computer to personal computer with no intermediate server—thus, peer to peer;"
 

Clause 17

 

LORD PUTTNAM

 

LORD BRAGG

212Page 19, line 5, at end insert "but no draft instrument may be laid unless Parliament has had a previous period of 60 days for scrutiny of proposals for such an instrument under the super-affirmative procedure"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

213Page 19, line 5, at end insert—
"(   )  No statutory instrument containing an order under this section may be made more than 12 months after the day on which the Digital Economy Act 2010 is passed."
 

LORD RAZZALL

 

LORD CLEMENT-JONES

 

LORD WHITTY

 

LORD LUCAS

 The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill.
 

After Clause 17

 

LORD LUCAS

214Insert the following new Clause—
  "Amendment of the Electronic Commerce (EC Directive) Regulations 2002
(1)  The Electronic Commerce (EC Directive) Regulations 2002 are amended as follows.
(2)  In regulation 2, after the definition of "the Treaty" insert—
 ""wireless network" means an electronic communications network that uses wireless telegraphy, as defined in the Communications Act 2003."
(3)  In regulation 17, after paragraph 2 insert—
"(3)  This section shall apply to providers of wireless networks capable of delivering internet access, whether in return for consideration or otherwise."
(4)  After regulation 19 insert—
"19ASearch engines, hyperlinkers and aggregators
(1)  Where an information society service is provided which consists of the provision, creation or truncation of a hyperlink to content or activities provided by a recipient of the service, the service provider shall not be liable for damages of for any other pecuniary compensation or for any criminal sanction as a result of that storage where—
(a)  the service provider—
(i)  does not have actual knowledge of unlawful activity or information and, where a claim for damages is made, is not aware of facts or circumstances from which it would have been apparent to the service provider that the activity or information was unlawful; or
(ii)  upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information, and
(b)  the recipient of the service was not acting under the authority or control of the service provider.
19BNon-commercial service providers
  For clarification, and for the purposes of regulations 17 to 19A, an "information society service" shall include a service provided for free where such a service is provided at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service.
19CNew forms of liability: transitional arrangements
  Regulations 17 to 19B shall apply from the day on which the Digital Economy Act 2010 is passed in relation to all forms of civil or criminal liability, whether or not such activity or content was illegal or actionable at the time of the coming into force of these regulations.""
 

Clause 18

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

215Page 19, line 16, after "period" insert "of not less than three months"
 

LORD LUCAS

216Page 19, line 21, after "names," insert—
"(   )  the registry, having the powers and resources to do so, has failed to take effective action to end these practices,"
217Page 19, line 24, at end insert "(where it lies within its power and the reasonable use of its resources to so comply)"
 

EARL OF ERROLL

218Page 19, line 24, at end insert ", and
"(   )  the failure is an issue reasonably within the responsibilty of the registry and the registry has not taken reasonable steps to respond to this failure"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

219Page 19, line 25, at end insert "seriously"
220Page 19, line 26, after "likely" insert "seriously"
 

EARL OF ERROLL

221Page 19, line 31, at end insert—
"(   )  The Secretary of State must consult before deciding whether a relevant failure is serious, where the responsibility for this failure lies and what remedial action needs to be taken and by whom."
 

LORD LUCAS

222Page 19, line 37, leave out from "by" to end of line 39 and insert "any last element of an internet domain name as prescribed"
223Page 19, line 38, leave out from "name" to end of line 39
224Page 20, line 6, after "State" insert "where any such regulations must be made by statutory instrument and may only be made if a draft order has been laid before Parliament and approved by a resolution of each House"
 

EARL OF ERROLL

225Page 20, line 6, at end insert "following consultation"

 
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6 January 2010