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Proceeding contribution from Lord Razzall (Liberal Democrat) in the House of Lords on Tuesday, 12 January 2010. It occurred during Committee of the Whole House (HL) and Debate on bill on Digital Economy Bill [HL].


Digital Economy Bill [HL]

Amendments 56 and 57 touch on quite a fundamental point referred to by the noble Lord, Lord Lucas, at Second Reading about the beginning of this clause. It is quite clear that currently copyright owners, through their solicitors, are in danger of being accused of collecting data not necessarily in compliance with the law in order to pursue their justifiable claims on behalf of copyright owners. In Amendment 56, to get to the point dealt with by Clause 4, there must be, ""a sworn statement by the person making the report that the information collected has been obtained in compliance with all relevant laws"." This will insure that internet service providers are not compelled to act on information that is of questionable legality. This may be a small legal point but in practical terms it is quite a big point, bearing in mind the suggestions that currently people are obtaining information, perhaps contrary to data protection and privacy laws, which they are using against individual users charged with illegal file-sharing. Amendment 57 makes a similar point and requires a sworn statement that the person making the report actually owns the requisite copyright. It is in line with the amendments tabled by my noble friend Lord Clement-Jones that this should not be just in relation to allegations but in relation to significant and sworn statements, both with regard to compliance with the law and to the effect that the person making the report owns requisite copyright. It is a straightforward amendment which the Government ought to be prepared to accept. I beg to move.


Secondary information

Type
Proceeding contribution
Reference
716 c472-3 
Session
2009-10
Chamber / Committee
House of Lords chamber
Subjects
Codes of practice Broadcasting Computer networks Copyright Digital broadcasting Broadband Sky Communication Fees and charges ICT EU law Infrastructure Emergencies Internet Ofcom Radio frequencies Telecommunications Security Satellite communications Subscriptions Television licences
Legislation
Digital Economy Bill (HL) 2009-10
Link
View this Proceeding contribution on www.publications.parliament.uk