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Digital Economy Bill [HL]

My noble friend has underlined my point: what needs to be in the statement under subsection (5) applies whether or not we are into technical measures. There are legal consequences if you infringe copyright at present; someone could take you to court over it. That implies that technical measures are already involved. My noble friend seemed to suggest that the issues raised by the noble Earl, Lord Errol, could be delayed until we come to later clauses, starting with Clause 11, which covers the transfer from stage 1 to stage 2. Surely the first reference to technical measures should wait until we reach that stage. I am still not clear whether this would be a requirement set by the code for everyone, or whether it could be included in letters to particular persons. If it is the latter, that is where my suspicion arises, because it would then require the writer of the letter to have apparent evidence, which has not been subject to challenge. I ask the Government to think about those consequences, and perhaps we can put all the issues that relate to the transfer from stage 1 to stage 2 all in one place. For the moment, I beg leave to withdraw the amendment. Amendment 71 withdrawn. Amendment 72 Moved by