Digital Economy Act

So the Digital Economy Act 2010 now exists, with no further amendments.

However in their final discussion, the Lords raised two of the issues that I have been banging on about for the last three months.

Lord Errol pointed out the uncertainties in the definitions of "ISP" and "service provider" (those of strong constitution can read column 1721 of Hansard). The Minister "would not demur", which I think means he is confused too...

And Lord Clement-Jones again raised the problematic position of "libraries, universities and other educational establishments", to which Lord Young (the Government Minister) replied

It might be helpful if we put on record a number occasions our view that we can deal with those organisations in a way that is proportionate and fair. We realise that the provisions of the Bill mean that organisations such as libraries, universities and other educational establishments, as well as public and commercial wi-fi, will face particular challenges. We do not want to hamper their activities in providing internet access or to place unnecessary burdens or procedures on them.

At the same time we cannot set up an obvious loophole that would impact on such bodies in terms of degrading the service that they can offer. We think that there is real scope for proportionate, pragmatic solutions to help universities and libraries to comply with the provisions and minimise any administrative burden. As I said earlier, I was at a university recently where there was a large sign up in the library warning students of the penalties and disciplinary procedures that they would face if they indulged in illegal file-sharing and downloading.

As with the earlier comment from the Minister in the Commons, it seems we may at last have recognition of our different, but highly-effective, approach to reducing copyright infringement.

Again there was an appeal to us to engage with OFCOM. Don't worry, Minister, I'm trying to!

Out-law have also published an interesting analysis of how the Act differs from the proposals in the original Digital Britain Report.