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Digital Economy Bill [HL]

This is a relatively small amendment to Clause 4, which deals with the insertion of a new clause in the Communications Act 2003 on the notifications that must be given by copyright owners to the ISP and by the ISP in response to the copyright infringement report. Subsection (5) of new Clause 124A contains the detail of what needs to go into that notification. Subsection (5)(f), which is set out in lines 35 and 36, is probably inappropriate in the notification by the ISP. An alleged infringement will have occurred either through the use of someone’s personal computer, or other form of computer or through the use or exercise of a subscription under mobile broadband networks. Paragraphs (a) to (e) and paragraph (g) would apply to all forms of infringement, whatever mechanism was used, but paragraph (f) would not apply to all forms and would only seem to apply if the infringement was by the use of wi-fi technology. The amendment suggests that paragraph (f) should be deleted and would fit better within the code.