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Digital Economy Bill [HL]

The noble Lord, Lord Clement-Jones, and his colleague, the noble Baroness, Lady Miller, are right to probe by these amendments what sort of measures might be imposed. There seems to be some disagreement not only over what is a reasonable restriction to impose but over whether a measure can actually be implemented effectively and how much it would cost to do so. Can the Minister explain whether the list of possible measures is his assessment of what sort of steps are considered possible with the technology currently available, or has there been some measure of future proofing in this area? Is the list merely a reflection of what the Minister would like to be able to do if someone comes up with the necessary technology in the future? The drafting of the subsection is of concern because of the many areas that measures could eventually be targeted at. I hope that the Minister agrees with me that the primary, indeed the only, purpose of imposing a technical measure is to prevent ongoing copyright infringement. There should not be a deterrent or punitive element to these measures except as naturally arises from the primary purpose. Any measure taken deliberately against usage that does not relate to online copyright infringement should surely not be permitted by the Bill. If there is no technology capable of blocking access to file-sharing programs but the subscriber rarely uploads any material for any other purpose, I can understand preventing significant levels of uploading as a proportionate response to ongoing infringement. Similarly, if the only measure capable of being imposed is outright suspension, that should be considered.