---

Digital Economy Bill [HL]

My Lords, I must confess that I was not sure what the noble Lord is trying to achieve with this amendment. It seems to us that infringing copyright while connected to someone else’s internet access is the same as infringing copyright by means of their internet access service. The problem we have with the formulation in the amendment is that it could include an infringement that happens at the same time that a subscriber is connected to their internet service but does not actually use that internet service. I think that the term we use in the Bill is more accurate. On the other concerns expressed by the noble Lord, I take the point about the obligation on commercial providers to notify subscribers of copyright infringement reports as set out in new Section 124A. This section applies if it appears to a copyright owner that a subscriber to an internet access service has infringed the owner’s copyright by means of the service. We do not intend to embrace the internet service provider if that was one of the concerns expressed. We understand in part, having listened to the noble Lord’s contribution, the concern here, but we do not believe that the amendment will do what he says—either elucidate or clarify. I have indicated that we will take away the points of concern in relation to communal providers whether they are commercial or not. On that basis, I hope that the noble Lord will feel able to withdraw the amendment.